Five Myths of Debt Financing for Software Startups
By entering the website (the “Site”) of GC Advisors LLC and its affiliates (“Golub Capital” or “We,” “Us,” or “Our”), you accept and agree to follow the terms and conditions described in this User Agreement. This User Agreement is a binding agreement between you and Golub Capital, and governs your access and use of the Site, which includes any information, data, tools, products, services and other content (together, “Content”) available on or through the Site. You may contact Golub Capital at the address provided below with questions about the terms and conditions of this User Agreement.
This website does not pertain to Golub Capital BDC, Inc. For information related to Golub Capital BDC, Inc., refer to the Golub Capital BDC, Inc. website, including the User Agreement of that website.
PLEASE READ THIS USER AGREEMENT (“USER AGREEMENT”) CAREFULLY BEFORE ENTERING THE SITE. EACH TIME YOU ENTER THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS USER AGREEMENT, PLEASE EXIT THE SITE AND DO NOT USE OR ACCESS THE SITE IN ANY MANNER.
- LIMITED LICENSE TO USE THE SITE
Golub Capital grants you a limited right to use the Site only for your own internal, private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use. In certain instances, the ability to print or reproduce pages or materials from the Site may be limited or prohibited. As between Golub Capital and you, Golub Capital maintains all copyrights in the text, graphic images and logos contained in this Site. You may not, nor will you, modify, distribute, transmit, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and any other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site. You are prohibited from removing any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site or on any printed pages. In addition, you are prohibited from decomposing, decompiling, reverse engineering, disassembling or otherwise deconstructing all or any portion of the Site or otherwise using any information contained in this Site for any purpose other than as specifically described above. Without limiting the foregoing, no information contained within this Site may be disclosed in whole or in part to the press or otherwise made available to third parties or the public in any manner.
All materials at the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
Your continuing right to use the Site is subject to your agreement to abide by this User Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site. At any time and for any reason we may revoke your right to use all or any portion of the Site.
- NO RELIANCE; NO OFFERING
All content provided on this Site is for informational purposes only and in no way constitute investment advice or recommendations. Any estimates, projections or predictions on this Site are intended to be forward-looking statements. Although Golub Capital believes that the expectations in such forward-looking statements are reasonable, it can give no assurance that any forward-looking statements will prove to be correct. Such estimates are subject to actual known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those projected. Golub Capital expressly disclaims any obligation or undertaking to update or revise any forward-looking statement contained herein to reflect any change in its expectations or any change in circumstances upon which such statement is based. No statements contained on this Site should be construed as a guarantee or assurance of future performance or future results. Golub Capital’s past performance is not indicative of future results. The value of investments can go down as well as up. All investments carry the risk of loss, including the loss of all principal.
No information found on this Site constitutes an offering of advisory services or any securities. Offerings of securities may only be made in connection with a private offering memorandum in compliance with the Securities Act of 1933, as amended, and related rules and regulations. In the case that an offering is made pursuant to the foregoing, such an offering will only be made to accredited investors, and in some cases, offerings of securities will only be made to qualified purchasers that are also accredited investors.
There are various risks you assume when reviewing the content on this Site. You agree that we are not liable for any action you take or decision you make in reliance on any content on the Site.
We make reasonable efforts to provide accurate content, but at times we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate. Golub Capital therefore does not warrant or guaranty the accuracy or completeness of the information it makes available on the Site, unless otherwise specifically so noted. In addition, we do not endorse the opinions of, or warrant the accuracy of facts or other content contributed by, any third party. Dated content speaks only as of the date indicated. We may modify the content on this Site at any time and without notice to you.
Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax or legal advice. You are encouraged to discuss information that you learn from the Site with your financial, legal or tax advisors where applicable.
- YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant as follows:
that you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement;
that you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of this User Agreement; and
that you will not delete any content from the Site or use or introduce into the Site any device, software, or routine that could damage or interfere with the operation of the Site.
- THIRD PARTY LINKS
Golub Capital is not responsible for information on any third party website that may be referenced in, or accessible or connected by hyperlink to, the Site. If you access any third party website through the Site or otherwise, you do so at your own risk. Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with us.
- NO WARRANTY
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL USE OF THE SITE IS AT THE USER’S OWN RISK.
GOLUB CAPITAL AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. THIS DISCLAIMER WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT CONTAINED WITHIN OR PRESENTED BY THE SITE.
GOLUB CAPITAL’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL GOLUB CAPITAL, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY OR TECHNICAL PROBLEMS IN USING THE SITE, OR ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF GOLUB CAPITAL, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES LIMIT THE APPLICABILITY OF DISCLAIMERS OR LIMITATIONS OF LIABILITY, IN WHICH CASE SUCH LIMITATIONS SHALL APPLY ONLY TO THE EXTENT LEGALLY ENFORCEABLE IN THE APPLICABLE JURISDICTION.
- BREACH AND INDEMNIFICATION
You will be responsible for any liability to Golub Capital that arises out of your breach of this User Agreement or your use of the Site, which will be deemed to include without limitation any such breach or use by any person acting either on your behalf, with your permission, or under your control.
You agree to indemnify, defend and hold harmless Golub Capital, its affiliates, their respective, officers, directors, members, principals, agents, employees, and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to: (i) your use of the Site; (ii) your breach of this User Agreement or any representation, warranty or covenant made by you in this User Agreement; (iii) your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights, or (iv) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this User Agreement.
- UPDATES TO THE SITE AND MODIFICATIONS TO THE USER AGREEMENT
You acknowledge that Golub Capital may update the Site and its contents, and may modify the terms of this User Agreement at any time and without notice to you. Modifications will be effective immediately upon posting unless we indicate otherwise. You agree to review periodically the terms of this User Agreement.
By entering the Site you agree to and fully accept this User Agreement in its then current form each time you enter the Site.
This User Agreement shall be governed by and construed under the laws of the State of New York, without regard to its choice of law rules. Any legal action brought hereunder shall be brought exclusively in state or federal courts located in New York, New York, and it is agreed that such courts shall have jurisdiction over the parties to this User Agreement and any dispute arising hereunder. If any provision of this User Agreement is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and this User Agreement shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.
11. NOTICE TO ALL INDIVIDUAL INVESTORS RESIDING IN THE EUROPEAN UNION
IF YOU ARE AN INDIVIDUAL EUROPEAN UNION RESIDENT AND ARE ACCESSING THIS SITE FROM THE EUROPEAN UNION IN YOUR INDIVIDUAL CAPACITY, DO NOT ACCESS OR USE THIS SITE, SUBSCRIBE TO THE MATERIALS AVAILABLE ON THIS SITE OR OTHERWISE PROVIDE PERSONAL DATA TO GOLUB CAPITAL VIA THIS SITE. GOLUB CAPITAL DOES NOT INTEND FOR THIS SITE TO BE USED BY INDIVIDUALS WHO ARE RESIDENT IN THE EUROPEAN UNION.