DISCLOSURES & DISCLAIMERS

Strategic Value Bank Partners LLC (“SVBP”) is an SEC-registered investment adviser operating in Cleveland, OH. SVBP may only transact business in those states in which it is registered or qualifies for an exemption or exclusion from registration requirements.

SVBP’s web site is limited to the dissemination of general information pertaining to its advisory services, together with access to additional investment-related information, publications, and links. Accordingly, the publication of SVBP’s web site on the internet should not be construed by any consumer and/or prospective client as SVBP’s solicitation to effect, or attempt to effect transactions in securities, or the rendering of personalized investment advice for compensation, over the internet. Any subsequent, direct communication by SVBP with a prospective client shall be conducted by a representative that is either registered or qualifies for an exemption or exclusion from registration in the state where the prospective client resides.

A copy of SVBP’s current written disclosure brochure discussing SBVP’s business operations, services, and fees is available at the SEC’s investment adviser public information website statement - www.adviserinfo.sec.gov or from SVBP upon written request.

SVBP does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to SVBP’s web site or incorporated herein, and takes no responsibility therefor. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly.

This website and information are provided for guidance and information purposes only. Investments involve risk and unless otherwise stated, are not guaranteed. Be sure to first consult with a qualified financial adviser and/or tax professional before implementing any strategy. This website and information are not intended to provide investment, tax, or legal advice.

Terms and Conditions of Use

This website has specific Terms and Conditions of Use. The following information applies to your use of information made available to you through this website and web portal.  This website and content contained thereon (collectively the “Site”) are owned and operated by SVBP. The Site is made available to you subject to the terms and conditions of use contained herein (the “Terms”).  SVBP reserves the right to change these Terms and information posted ion this Site at any time, at its sole discretion, without advance notice.

Acceptance of Terms

By visiting the Site, viewing, accessing or otherwise using any of the information contained on the Site, you agree to be bound by the Terms.  If you do not want to be bound by our Terms, your only option is not to visit or view the Site.  You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and SVBP and that your use of the Site shall indicate your conclusive acceptance of this agreement. SVBP reserves the right to modify these Terms from time to time at our sole discretion and without any notice.  Changes to the Terms become effective on the date they are posted and your continued use of the Site after any changes to Terms will signify your agreement to be bound by them.

Provision of Site Information

You agree and acknowledge that SVBP is entitled to modify, improve or discontinue any of its posted information at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained on the Site. 

Proprietary Rights, License Grant, Confidentiality and Use Restrictions

You acknowledge and agree that the content of the Site is the exclusive property of SVBP and its licensors and that the Site may contain proprietary and confidential information, including but not limited to trademarks, service marks and patents protected by United States and worldwide intellectual property laws and treaties. Subject to compliance with these Terms, SVBP grants to you a non-exclusive, non-transferable, limited license to view the information available on the Site and make a single copy of portions of its content for offline, personal, non-commercial use.  Except as expressly authorized by these Terms, you agree to keep all information available on the Site in the strictest confidence and you will not reproduce, transmit, sell, display, distribute, republish, broadcast, modify, download, link to, frame or commercially exploit any such information in any form by any means, including electronic, mechanical, photocopying, recording or otherwise, without the prior written approval of SVBP.  Any third-party patents, copyrights, trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.  You are solely responsible for identifying and complying with any laws, regulations or similar requirements applicable to use of the Site in your jurisdiction.

Links to Third Party Sites

Links may appear on the Site that may be used to link to third party website(s) that are not owned or controlled by us (the “Linked Websites”).  Any Linked Websites are provided as a courtesy to you, and SVBP does not endorse or approve such sites, or the information, products or services accessible therein, and disclaims all warranties and liability in relation thereto.  SVBP reserves the right to add, change, decline or remove any link at any time. SVBP has no control over and assumes no responsibility for (i) the materials, information, goods or services available or contained on the Linked Websites or (ii) any privacy or other practices of the Linked Websites. If you decide to access any of the Linked Websites, you expressly relieve SVBP of any and all liability arising from your use of the Linked Websites. Accordingly, SVBP encourages you to read the terms and conditions and privacy policies of the Linked Websites that you visit.

Appropriate Use

You may not use the Site to post or transmit information that could reasonably be considered obscene, defamatory, vulgar, fraudulent or misleading, or engage in similar conduct that in SVBP’s reasonable discretion is inappropriate. You may not attempt through manual or automated means to interfere with the operation of the Site or any person’s ability to access or use the Site.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SITE AND RELATED CONTENT IS AT YOUR OWN RISK AND THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SVBP, ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY, INCLUDING SVBP, THE “SVBP PARTIES”), MAKES ANY WARRANTY WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY OR NON-INFRINGEMENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED ON OR THROUGH THE SITE.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SVBP PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO DATA, INTERRUPTION OR LOSS OF USE OF TECHNOLOGY, RIGHTS OR SERVICES, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SITE, OR THE BREACH OF ANY REPRESENTATION OR WARRANTY, WHETHER AS A BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY INJURY OR DAMAGE OF ANY KIND, INCLUDING TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, RESULTING FROM ANY MISTAKES, INTERRUPTION, OMISSION, DELETION OR OTHER DATA LOSS, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, COMPUTER VIRUS, FILE CORRUPTION, NETWORK OR SYSTEM OUTAGE, COMMUNICATION-LINE FAILURE, BROWSING, DOWNLOAD OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. SVBP SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE USER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, OR OTHER CLAIMS, LOSSES OR DAMAGES OF ANY KIND, WHETHER OR NOT SVBP HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS, LOSSES OR DAMAGES.  IN NO EVENT SHALL SVBP’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE USE OF THE SITE.

Indemnification

As consideration for access to the Site, you agree to indemnify and hold the SVBP Parties harmless from and against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action including but not limited to actions by third parties against you or any of the SVBP Parties (i) arising from any alleged breach by you of these Terms of Use or any representations, warranties and/or covenants contained herein, (ii) out of or in connection with any decisions that you make based on the information or materials contained on the Site or (iii) otherwise arising from or relating to your use of the Site, or your violation of the Terms or other Site policies.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or through other electronic means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 Governing Law

This agreement shall be governed by and construed in all respects by the substantive laws of the State of Ohio and of the United States of America, without regard to principles of conflicts of laws. Any and all proceedings relating to the subject matter hereof shall be brought in the state or federal courts located in Ohio, and you hereby irrevocably consent to the exclusive jurisdiction of such courts.  The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.  Those who choose to access the Site from other jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site from any territory where the content is illegal is prohibited. SVBP reserves the right to limit access to the Site to any person, geographic region or jurisdiction.  You acknowledge that any software which may be available or provided to you on this Site may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States and other countries and jurisdictions. You hereby agree that you will not transfer or export such software in violation of such applicable export laws and regulations. We do not authorize the downloading or exportation of any software, technical data or materials from this Site to any jurisdiction prohibited by such export controls laws and regulations.

 Severability and Waiver

In the event that any provision of these Terms is held invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The waiver of any breach or default of these Terms will not constitute a waiver of any subsequent breach or default and will not act to amend or negate the rights of the waiving party.

 Interpretation and Entire Agreement

These Terms, together with any privacy policy adopted by SVBP, form the complete and exclusive agreement between you and SVBP with respect to your use of the Site, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and SVBP relating to such matters. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

No Agency

No agency, partnership, joint venture, or employment is created as a result of your use of the Site, and you do not have any authority of any kind to bind the SVBP Parties in any respect whatsoever.

Product-Related Disclaimers

The information presented on the Site has been provided for informational purposes only and under no circumstances should any of the information be considered an offer to sell or a solicitation of an offer to buy securities or any other instruments of any issuer. Offers can only be made where lawful under applicable law. SVBP makes no representations that the materials on the Site are appropriate for use in all locations, or that transactions, securities, products, instruments or services discussed on the Site are available or appropriate for sale or use in all jurisdictions or by all investors or counterparties.  You may not necessarily be able to deal directly with all entities that post materials on the Site. Opinions expressed on the Site are subject to change without notice.  This website is not intended to solicit investors anywhere in the world for any funds to be managed by SVBP or any of its affiliates, and should not be relied upon for such purpose. Nothing contained herein constitutes an offer to sell or a solicitation of an offer to purchase any investments or securities of any investment vehicles. Any such offer or solicitation shall be made only pursuant to a confidential offering memorandum relating to such vehicles, which will qualify in its entirety any information set forth herein. Materials and information posted on this website may only be used for the personal education of visitors to this website and they may not be placed in the public domain. You may not duplicate, copy, re-disseminate or re-distribute such materials to any other person or entity without our prior written consent.

PRIVACY NOTICE

Our Commitment to Your Privacy

Strategic Value Bank Partners LLC and its affiliated entities (including any investment funds or vehicles) (collectively, “we,” “us” and “our”) are sensitive to your privacy concerns. We have a policy of protecting the confidentiality and security of information we collect about you. We are providing you with this notice to help you better understand why and how we collect certain personal information, the care with which we treat that information, and how we use that information.

Sources of Non-Public Information

We use the personal information collected from you in order to provide you with better service or to comply with law and regulations. In connection with forming and operating our private investment funds, we collect and maintain non-public personal information from the following sources:

  • Information we receive from you in conversations over the telephone, in voicemails, through written correspondence, via e-mail, or on subscription agreements, investor questionnaires, partnership agreements, applications or other forms (for example, name, address, Social Security number, assets and income)

  • Information about your transactions with us or others, including ownership records of the fund(s) in which you are a subscriber (such as the amount of your percentage ownership interest and any capital commitment)

  • Information captured on our website, client portal or dataroom, including any information captured via “cookies”

 Disclosure of Information: We may disclose non-public personal information we collect about you to our affiliates and to nonaffiliated service providers only as permitted by law and regulation. For example, we may share non-public personal information about you in the following situations:

  • In connection with the administration and operations of the fund of which you are a subscriber, including disclosure to attorneys, accountants, auditors, administrators, companies that assist us with mailing statements or processing your transactions, and other professionals

  • In connection with investment activities, including disclosure to portfolio companies, co-investors in portfolio companies and their respective advisors and financial service providers (such as broker- dealers, custodians, banks and others used to facilitate transactions for our private funds)

  • To respond to a subpoena or court order, judicial process or regulatory inquiry; and

  • At your direction or with your consent, including your authorization to disclose such information to persons acting in a fiduciary or representative capacity on your behalf

If you are a citizen or resident of the European Union (“EU”) or the European Economic Area (“EEA”), we will ensure appropriate safeguards are in place as required by applicable law to adequately protect your personal information if it is processed by third parties outside the EU and EEA, including the execution of standard contractual clauses if the recipients are not located in a country with adequate data protection laws (as determined by the European Commission).

Rights Under the General Data Protection Regulation (“GDPR”) for Citizens of the EU or the EEA and under the California Consumer Protection Act (“CCPA”) for Residents of California: Citizens of the EU or the EEA and residents of California have certain specific rights provided under the GDPR and CCPA, respectively. For personal data that we collect about you, we hereby notify you that you have the following rights:

  • Delete Personal Data: You can ask us to erase or delete all or some of your personal data (i.e., if it is no longer necessary to provide services to you) unless otherwise restricted by law or regulation

  • Right to Rectification: You also have the right to ask us to change, update or fix your personal data in certain cases, particularly if it is inaccurate

  • Object to, or Limit or Restrict Use, of Personal Data: You can ask us to stop using all or some of your personal data (i.e., if we have no legal right to continue keep using it) or to limit our use of it (i.e., if your personal data is inaccurate or unlawfully held)

  • Right to Access and/or Take Your Data: You can ask us for a copy of your personal data, a copy of personal data you provided and personal data disclosed to a third party. You may request your personal information up to 12 months preceding your request

  • Non-Discrimination: You have the right not to be subject to discriminatory treatment from us as a result of the exercise of your privacy rights

Rights to Opt Out: You have the right to direct us to not disclose non-public information about you to nonaffiliated third parties if its disclosure is beyond rendering services to you. Limiting our disclosure of such information may limit the services we are able to provide to you. We will not share your non-public information unless compelled to do so by order of a court or in response to a subpoena.

To limit our sharing of your non-public information, please contact us directly at (216) 282-0704 .

Information Security

We consider the protection of sensitive information to be a sound business practice, and to that end we employ physical, electronic and procedural safeguards to protect your non-public personal information in our possession or under our control. We restrict access to non- public personal information about you to those employees who need to know that information to provide products or services to you.

Further Information

We reserve the right to change our privacy policies and this Privacy Notice at any time. The examples contained within this notice are illustrations only and are not intended to be exclusive. This notice complies with United States federal law regarding privacy. You may have additional rights under other foreign or domestic laws that may apply to you.

Former Investors and Clients

When you are no longer an investor or client, we continue to maintain your non-public personal information and apply the same policies that apply to our current investors and clients.

Contact Us

If you have any questions, comments or concerns regarding these Terms and/or the Site, please call us at (216) 282-0704.

Strategic Value Bank Partners LLC

Key Tower

127 Public Square

Suite 1510

Cleveland, OH 44114