Disciplined Capital.

The Terms and Conditions stated below (these “Terms and Conditions”) govern your use of this website (the “Website”). RiverBay Capital provides this Website and the information contained herein for general overview purposes only, and only subject to these Terms and Conditions. These Terms and Conditions apply to all users. By entering this Website or by transmitting any information to the Website, you acknowledge and agree to all of the Terms and Conditions. Please read them carefully. If you do not agree to the Terms and Conditions, please do not use this Website. Any use of this Website in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We reserve the right to revise these Terms and Conditions at any time and for any reason, without notice or obligation, by updating this posting. Your continued use of this Website following the posting of any changes to the Terms and Conditions will mean that you accept the revised terms. We strongly recommend that you regularly review the Terms and Conditions.

Disclaimers

This Website is not intended to be, should not be used or construed as, and is not, an offer to sell, a solicitation of any offer to buy, or a recommendation of an investment in any security. The Website does not contain material information regarding any security, and no offer or solicitation may be made other than through the delivery of definitive offering documents, the information contained in which would supersede any information provided herein. Offers of securities will only be made where lawful, and in compliance with applicable law.

RiverBay Capital is not utilizing the Website to provide investment or other advice, and no information or material on the Website should be considered a recommendation to buy or sell any security, or be relied upon for the purpose of making investment decisions. In addition, no information, content or other materials contained on the Website should be construed or relied upon as investment, legal, accounting, tax or other professional advice or in connection with any offer or sale of securities.

RiverBay Capital makes no representation that transactions, products or services discussed on the Website are available or appropriate for sale or use in any jurisdictions or by any investor. Persons who access the Website do so at their own initiative and are responsible for compliance with local laws or regulations.

While RiverBay Capital uses reasonable efforts to obtain information from reliable sources, RiverBay Capital makes no representations or warranties as to the accuracy, reliability or completeness of any information or document on the Website obtained from outside sources. Unsourced statements should be understood to reflect the subjective beliefs, opinions, expectations or understandings of RiverBay Capital, which may be inaccurate. This Website contains forward-looking statements, which reflect RiverBay Capital’s views with respect to, among other things, RiverBay Capital’s operations and financial performance. Such forward-looking statements are subject to various risks and uncertainties and speak only as of the date on which they are made. There are many factors that could cause actual outcomes or results to differ materially from those indicated in any forward-looking statement. You can identify these forward-looking statements by the use of words such as “outlook,” “indicator,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “anticipate,” “optimistic,” “intend,” “plan,” “estimate,” “aim,” “will” or the negative version of these words or similar expressions.

RiverBay Capital undertakes no obligation to update publicly or revise any information on the Website, whether as a result of new information, future developments or otherwise. Opinions and any other information on the Website are subject to change without notice.

Past performance is not indicative of future results; no representation is made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.

RiverBay Capital is a newly-formed entity with no operating history. Certain information relating to prior experience contained herein is for illustrative purposes only to demonstrate the management, fundraising, and sourcing activity of or led by certain individuals while they were employed at other firms. Certain personnel of such other firms contributed to the prior experience contained herein, and such other personnel will not be involved in managing any investments made by RiverBay Capital.

This Website has not been filed with or reviewed by the U.S. Securities and Exchange Commission or any U.S. or non-U.S. governmental or self-regulatory authority. Investments in securities involve numerous risks, including but not limited to market, currency, economic, regulatory, tax, political, business and other risks. There can be no guarantee that an investment in securities will be profitable, or that investors in securities will not lose some or all of their investment.

This Website and all information, content, materials and services included on or otherwise made available to you through this Website are provided by RiverBay Capital on an “as is” and “as available” basis. RiverBay Capital makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials or services included on or otherwise made available to you through this Website. To the fullest extent permissible under applicable law, RiverBay Capital disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

To the fullest extent permitted by applicable law, RiverBay Capital shall not be liable for any damages of any kind arising from the use of this Website or from any information, content, materials or services included on or otherwise made available to you through this Website, including but not limited to direct, indirect, incidental, punitive and consequential damages, unless otherwise specified in writing. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

Intellectual Property

All content included on this Website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of RiverBay Capital or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. The compilation of all content on this Website is the exclusive property of RiverBay Capital. All trademarks, service marks, trade names, and logos displayed on this Website are proprietary to RiverBay Capital or their respective owners. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on this Website without the prior written permission of RiverBay Capital or such other owner. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on this Website without the prior written consent of RiverBay Capital, except that you may print or download one copy of a reasonable number of pages of this Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms and Conditions or your use of this Website shall be brought exclusively in the federal or state courts located in the State of New York, County of New York, and you hereby consent to the personal jurisdiction and venue of such courts.

User Conduct and Prohibited Uses

You agree to use this Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use this Website: (a) in any way that violates any applicable federal, state, local, or international law or regulation; (b) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (c) to impersonate or attempt to impersonate RiverBay Capital, a RiverBay Capital employee, another user, or any other person or entity; (d) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm RiverBay Capital or users of the Website or expose them to liability; (e) to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; or (f) to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Indemnification

You agree to defend, indemnify, and hold harmless RiverBay Capital, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of this Website, including, but not limited to, any use of the Website’s content or services other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from this Website.

Protecting the privacy of our investors and website visitors matters to us. This Privacy Policy explains how RiverBay Capital, together with its affiliates (“RiverBay,” “we,” or “us”), collects and uses personal information gathered through this website (the “Site”), how we safeguard and share that information, and the choices available to you.

Information You Provide to Us

If you contact us or request information through the Site, we may ask you to provide personal details such as your name, mailing address, email address, telephone number, investor status, and any other information you choose to share. Some areas of the Site may also require a username and password. If you decide not to provide certain information, we may not be able to respond to your request or give you access to certain features.

Information Collection Practices

The Site may link to third-party websites. If you visit those sites, any information you provide there is governed by their own privacy practices, not ours. We are not responsible for the privacy or data practices of any third-party site, and we encourage you to review their policies before sharing information. Links to outside sites are provided solely for your convenience, and you access them at your own risk.

How We Use the Information We Collect

We use the personal information we collect primarily to communicate with you and to manage and improve our services to investors and prospective investors. Specifically, we may use your information to:

respond to requests for information, materials, or literature; administer and maintain accurate records in connection with any relationship you have with us; meet our legal and regulatory obligations; and protect our rights and the rights of others.

We do not sell your personal information, and we do not share it with third parties except as needed to operate our business, meet legal requirements, or as described in this policy.

We retain personal information for as long as necessary to maintain our relationship with you and for a reasonable period afterward, taking into account our recordkeeping and regulatory obligations and the need to preserve information in connection with potential legal claims.

Security

We maintain commercially reasonable administrative, technical, and physical safeguards designed to protect the information we collect. We periodically review these measures, but no system of safeguards can guarantee complete security. Information collected through the Site is processed in the United States and subject to U.S. law, which may differ from the data protection laws of your home jurisdiction.

Children’s Information

The Site is intended for use by individuals 18 years of age or older. We do not knowingly collect personal information from children under the age of 13. If we become aware that a child under 13 has provided us with personal information, we will take reasonable steps to delete it, except where retention is required to protect the child’s safety or as otherwise required by law.

CCPA, GDPR and Other Regional Disclosures

Where applicable law (such as the California Consumer Privacy Act, the EU General Data Protection Regulation, or similar regimes) requires additional disclosures about the categories of personal information we collect, our sources, and how we use and disclose that information, the descriptions above apply equally to those disclosures. RiverBay Capital is a newly-formed entity and, as of the date of this policy, has not collected personal information from California, European, or other residents subject to such regimes in the ordinary course of operating the Site.

Changes to This Policy

We may update this Privacy Policy from time to time. Any changes will be posted on this page, and we encourage you to review it periodically. Your continued use of the Site after a revised policy is posted constitutes acceptance of the changes.

Contact Us

Questions about this Privacy Policy, or requests to update or delete your information, can be sent to info@riverbaycapital.com. Deletion requests do not extend to information we are required to retain for legal or regulatory reasons.