Thank you for visiting the website of First Infrastructure Capital Advisors, LLC, its affiliates and its related investment entities (“FICA,” the “Firm”, “we” or “us”). Please read these Terms of Use, Legal Notices and Disclaimers (the “Terms of Use”) carefully. By accessing this website (including all content, information and materials made available thereon (the “Content”)), (the “Website”) you accept and agree to be bound by the Terms of Use and our Privacy Policy, which constitute a legal agreement between you and FICA. FICA may update the Website and/or the Terms of Use, at any time at its sole discretion, without notice to you. If we update our Terms of Use, we will post the updated Terms of Use here. Any such changes will be effective upon posting. You should consult the “Terms of Use” bar on this Website each time you visit the Website. If you do not agree with it, you should not use the Website. The Terms of Use do not amend or supersede any previous written agreements you may have with FICA (“Other Agreements”). In the event of any inconsistency between these Terms of Use and any Other Agreements, the Other Agreements will govern. The terms “Content” and “Website” used herein shall include any social media accounts centrally managed by FICA as context requires (excluding, for the avoidance of doubt, any comments made by third parties on FICA posts).

If you have any questions or comments about these Terms of Use, please contact us at info@firstinfrastructurecapital.com 
 
NO OFFER OR ADVICE / INFORMATIONAL PURPOSES ONLY
Nothing on this website is an offer or solicitation to buy or sell any security, and FICA is not soliciting any action based on this website. The Website is for informational purposes only and is intended to provide general information regarding FICA’s capabilities for prospective portfolio companies and management teams only. You acknowledge and agree that nothing on the Website is intended to be, or should be considered, investment, tax accounting, or legal advice and nothing on the Website should be relied upon for such purposes. Nothing in the Website should be deemed a recommendation to buy, sell or hold any security or other investment or a recommendation to pursue any investment style or strategy. You further acknowledge and agree that the Website is not intended to and does not constitute an offer or a solicitation of an offer to enter into an investment advisory relationship. Dated Content speaks only as of the date indicated.The past performance of any investment, investment strategy, or investment style is not indicative of future performance.
This Website does not provide specific investing advice or strategies to any individual. You agree that FICA will not be liable for any action you take or decision you make in reliance on any Content.
 
PAST PERFORMANCE; FORWARD-LOOKING STATEMENTS
Nothing contained on the Website constitutes a guarantee, projection or prediction of future events or results. Past performance and past investment activity information is not necessarily indicative of future results. There can be no assurance that FICA will be able to implement its investment strategies and investment approaches or achieve its investment objectives. Trends and historical events do not imply, forecast or predict future events. There can be no assurance that the assumptions made or the beliefs and expectations currently held by FICA will prove correct and actual events and circumstances may vary significantly.

Certain Content may constitute “forward-looking statements,” which reflect our current views with respect to, among other things, the operations and performance of our businesses. Due to various risks and uncertainties, you should not rely on such forward-looking statements, and no representation or warranty is made as to future events or results or such forward-looking statements. We undertake no obligation to publicly update or review any forward-looking statement.

Certain Content (including certain forward-looking statements and information) has been obtained from sources other than FICA. In addition, certain information contained herein may have been obtained from companies in which investments have been made by FICA or its affiliates. While such sources are believed to be reliable, none of FICA, any fund, or any of their respective directors, officers, employees, partners, members, shareholders, or their affiliates, or any other person, assumes any responsibility for the accuracy or completeness of such information, and FICA is under no obligation to update or keep current such information. The Website is not intended to, and does not, include all information necessary to make the statements herein not misleading.
 
OPERATING PARTNERS AND SENIOR ADVISORS
“Operating Partners” and “Senior Advisors” are not employees or affiliates of FICA although they may be compensated by FICA, its funds, or its portfolio companies. The nature of the relationship varies considerably; compensation can include retainers and expense reimbursements, such as for travel. Payments to Operating Partners and Senior Advisors are not deemed paid to or received by FICA and do not offset the management fee or any other fee paid to FICA.  From time to time, FICA adds additional Operating Partners and Senior Advisors who were not acting as such, and thus were not named in offering documents, at the time of a fund’s offering.
 
RISKS OF INVESTING
Any investment strategy described on the Website entails various substantial risks, and there can be no guarantee that the investment objectives of such strategies will be achieved. These risks relate to, among other things: the highly competitive market for investment opportunities; dependence on FICA’s ability to identify and consummate suitable investments and add value to its portfolio companies; general risks associated with portfolio companies’ businesses; changes in economic or market conditions, legal or regulatory requirements and tax laws; reliance on portfolio company management teams; costs associated with investing; and the ability to recruit and retain talented and well-qualified investment professionals. For the avoidance of doubt, the preceding sentence merely identifies at a high level some of the risk factors associated with the investment strategies described on this Website and does not, by any means, purport to provide a complete and sufficiently detailed description of the various substantial risks associated with such strategies.

 

LIMITATION OF LIABILITY; DISCLAIMERS; INDEMNITY
The Firm, its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, agents and representatives (“Related Parties”) assume no responsibility for, and make no representations or warranties, and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Website, including but not limited to the implied warranties of merchantability or fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery, that functions contained at the Website will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses, bugs or other harmful components. The Website is provided on “as is” and “as available” basis.

The Firm, its affiliates and their Related Parties shall not be liable to any party for any claims, liabilities, losses, costs or damages under any theory, including but not limited to any direct, indirect, punitive, special, incidental, consequential or exemplary damages that result from the access or use of, or the inability to access or use, the Website even if the Firm has been advised of the possibility of such damages. You agree to indemnify, defend and hold harmless the Firm, its affiliates and their Related Parties against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from your breach of these Terms of Use and/or your activities in connection with the Website. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
 
OWNERSHIP; RESTRICTIONS ON USE
All Content, such as graphics, logos, articles and other materials, is the property of FICA or others and is protected by copyright and other laws. All trademarks and logos displayed on the Website are the property of their respective owners, who may or may not be affiliated with FICA. Except as otherwise provided herein, anything transmitted to the Website by you will be deemed non-confidential as between you and us, and FICA will be free to use, modify, reproduce and distribute it for any purpose without compensation to you.

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You may copy and print individual pages of our Site. However, you may not extract, copy or download a large portion of the Content, such as by a bot, webcrawler, scraper, spider, or other device that “harvests” portions of the Site. Any copies of our Site pages must not remove any copyright, trademark, or other proprietary notices or other legends. You may not alter or modify the Content in your copies.You may use and print minimal copies of our Content solely for your personal, non-commercial purposes. Unless you receive our permission in advance, you may not make more than minimal copies of our Content, exploit any of our Content commercially, forward it as a mass distribution, or post it on another Site.

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Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content or trademark displayed on this Website without the written permission of FICA or such other third party that may own the Content or trademark displayed on this Website. If you link other websites to this Website, you may not imply or suggest that FICA has endorsed or is affiliated with such websites and you may not display this Website as “framed” within another website. FICA reserves all rights with respect to ownership of all Content on this Website, including all intellectual property rights therein, and will enforce such rights to the full extent of the law.

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The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations in connection with accessing and using the Website, and that you will not violate the rights of any person, interfere with the functioning of the Website or restrict or inhibit any others from using the Website or attempt to violate the security of this Website or use or gain access to the identities, information or computers of others through this Website.

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FICA has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you. You may not link to this Site or display this Site as “framed” within another website. You may not (and may not encourage others to) violate any law, regulation, rule, or the intellectual property, privacy or publicity, or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information or computers of others, through this Site. You may not: send through this Site any materials or communications that are unlawful or defamatory, indecent, harassing, or otherwise objectionable in our sole discretion; transmit any virus, worm, time bomb, or similar system interference or corruptant through this Site; or use this Site to engage in any other unauthorized or unwelcome online conduct.

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FICA  may investigate any complaint regarding or suspected violation of these Terms of Use, and may report any activity relating to this Website to regulators, law enforcement officials or other persons or entities that it deems appropriate.

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You agree to indemnify and hold harmless FICA and its affiliates and their employees, agents, and representatives from any and all liabilities, damages, losses, claims, expenses, and fees resulting from your violation of our website policies.
 
INTERNATIONAL USE

The Website is not intended for distribution to, or use by, any person or entity in any jurisdiction, country or territory where such distribution or use would be contrary to law or regulation or which would subject FICA to any registration or other requirement within such jurisdiction, country or territory. Visitors who choose to access this Website do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access and use. Access to the Website is prohibited where such access or use violates applicable laws and regulations.
 
LINKS TO EXTERNAL SITES
The Website may provide access or contain links to websites and services owned and operated by third parties. The Firm does not review or monitor any such websites linked from or to the Website and is not responsible for the content of any such sites, or any products or services contained on or accessible through such other sites, their terms of use or privacy policies. Accordingly, the Firm disclaims responsibility for the information, materials, products or services obtained on or from such other websites, nor will the Firm be liable in any respect for any damages arising from your access to such websites.

Third party websites may have a privacy policy or security practices different from the Website so it is important to read the policies of those sites before sharing your personal information.

MISCELLANEOUS
If any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall be interpreted in accordance with the laws of the State of Texas and any applicable Federal Laws in the United States. Any action related to these Terms of Use must be brought in a State or Federal court located in Harris County in the State of Texas, and you agree to waive trial by jury in any such action. Subject to applicable laws, any failure by FICA to act on any of its rights, or enforce any of the Terms of Use shall not be considered a waiver of any such rights to act on or to enforce the Terms of Use at any point in the future.