Fidus

Terms of Use

This website (the “Site”) is owned and maintained by Fidus Investment Corporation (the “Company”). By accessing or using the Site, you unconditionally agree to be bound by all of the terms, conditions and notices contained in this user agreement, as it may be amended by the Company from time to time and in the Website Privacy Policy, as it may be amended from time to time and that is incorporated herein by reference (collectively, the “Agreement”). If you are unwilling to be bound by these general terms and conditions, please do not access the Site. By accessing the Site, you also express your understanding and agreement that you are responsible for complying with all applicable laws and regulations. Accessing or using any portion or feature of the Site from any territory where such portion or feature of the Site is illegal is expressly prohibited. You are responsible for regularly reviewing this Agreement. By continuing to access the Site after any revisions to this Agreement, you express your understanding and agreement to such revised terms.

No information found at the Site constitutes an offering of advisory services or any securities. Offerings of securities are made only by a public prospectus or private offering memorandum in compliance with the Securities Act of 1933, as amended, and related rules and regulations. The reports filed by the Company with the Securities and Exchange Commission and listed on the Site speak only as of the respective dates on which they were filed. Such reports and information on the Site may contain certain forward-looking statements. Any such statements, other than statements of historical fact, are likely to be affected by other unknowable future events and conditions, including elements of the future that are or are not under the Company’s control, and that the Company may or may not have considered; accordingly, such statements cannot be guarantees or assurances of any aspect of future performance. Actual developments and results are highly likely to vary materially from these estimates and projections of the future as a result of a number of factors, including those described from time to time in the Company’s filings with the Securities and Exchange Commission. Any forward-looking statement found at the Site may be out of date and the Company undertakes no duty to update any forward-looking statements made herein.

THE SITE AND ALL OF ITS CONTENT ARE MADE AVAILABLE BY THE COMPANY “AS IS,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SITE AND ITS CONTENT AND ACKNOWLEDGE THAT THE SITE AND ITS CONTENT MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME WITHOUT NOTICE TO YOU. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE.

Neither the Company, any affiliate of the Company nor any independent provider/transmitter of information found at the Site shall be liable in any way and you agree to indemnify and hold harmless the Company and all such affiliated or third parties for any inaccuracy, error, or delay in, or omission of, any information or the transmission or delivery of any information found at the Site. The materials found at the Site may be out of date and the Company makes no commitment to update the materials at the Site.

In no event will the Company, its affiliates, or other third parties mentioned at the Site be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of the Site or any website linked to the Site, or the materials or information contained at any or all such websites.

Links to third-party websites on the Site are provided solely as a convenience to you. If you access these links, you will leave the Site. The Company does not control and is not responsible for any of these third-party link sites or their content. The Company does not endorse or make any representations about these sites or any information or product or material found in them. If you decide to access any of the third-party sites linked on the Site, you do so entirely at your own risk.

You shall not use or introduce into the Site any device, software, or routine that could damage or interfere with the operation of the Site. You shall not directly or indirectly take any action to interfere with the operation of the Site, including by way of example and not limitation, conducting search queries that the Company reasonably determines to be abusive, or using any scraper, robot, spider, or other automated mechanism to access the Site or download content from the Site. The Company reserves the right to monitor your use of the Site and to monitor your compliance with this Agreement. You acknowledge and hereby consent to such monitoring.

All Site content is Copyright [2012] Fidus Investment Corporation. All rights reserved. Any product, process or technology described in the Site content may be the subject of other intellectual property rights reserved by Fidus Investment Corporation or its affiliates and are not licensed hereunder. You may download material displayed on this Site solely for your non-commercial, personal use, provided you retain all copyright and other proprietary notices contained on the materials. You may not copy, reproduce, republish, upload, post, transmit, distribute, modify, reuse, report or use any of the content of this Site for commercial purposes without the Company’s prior written permission. The Fidus service mark is a registered trademark of Fidus Partners, LLC. Fidus Investment Corporation and its affiliates, including Fidus Investment Advisors, LLC, have a license pursuant to the Trademark License Agreement between Fidus Partners, LLC and Fidus Investment Corporation to use the Fidus and Fidus Investment Corporation logo. All other marks are the property of their respective owners.

This Agreement is governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of Illinois. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.