Visitors to the NovaBay Capital Website are Requested to Read the Following:

Thank you for visiting the website of NovaBay Capital, LLC (“NovaBay”). By accessing this website, you acknowledge and agree to accept the following terms and conditions of use (“Terms of Use”), which may be updated by NovaBay at any time. Any updates to the Terms of Use will be posted here, and are effective upon posting. As NovaBay is under no obligation to alert the users of its website to such updates, you should consult this Terms of Use page each time you visit the website.

If you have any questions or comments about the Terms of Use, please contact us at email@novabaycapital.com

Use of Website and Content

All content and information, and all trademarks, logos, copyrights and other intellectual property displayed on the website is owned by NovaBay or others. By visiting this website, you agree to not use any website content commercially, forward it as a mass distribution, post it on another site, or otherwise copy, distribute, download or modify any portion of it without advance permission. Other trademarks, service marks, images and logos may be owned by other parties, who may or may not be affiliated with NovaBay. Nothing on this website shall be interpreted as granting, by implication, estoppel or otherwise, any license or right to use any content on this website without the written permission of NovaBay or such other third party that may own such content. All rights not expressly granted are reserved.

Linked Sites and Third-Party Information

Certain links, including links to client company websites, are provided on this website. These links are provided as a convenience and do not imply NovaBay’s sponsorship or approval of any of these websites or their content. NovaBay has no control over or responsibility for other websites that may be accessible from this website, the contents thereof, their security or privacy policies, or any products/services that may be offered by them. If you access any third-party website through this website or because it is referred to in this website, you do so at your own risk. Links to or from this website do not constitute an endorsement by NovaBay of the parties or businesses which are so linked.

NovaBay encourages you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites. Neither NovaBay nor any of the funds it manages or clients it represents are considered to be ESG-focused. Any discussion of ESG or DEI initiatives contained on this website is not meant to indicate otherwise.

Website Security and Account Management

Certain areas of the website require registration or otherwise ask you to provide information to participate in certain features or access certain content. Do not share your password or login ID with anyone, including anyone from NovaBay. If you share your password with a third party, you assume all responsibility for all such party’s activity related to this website. You must notify NovaBay immediately of any breach of security or unauthorized use of your account. If NovaBay determines you have violated these Terms of Use or applicable law, NovaBay may terminate your access to this website and its features, cancel any related user accounts and/or delete all information associated with such accounts. For further information regarding NovaBay’s privacy procedures regarding the use of this website, please see NovaBay’s privacy notice.

Representations and Limitations of Liability

All website content is provided “as is” and “as available.” NovaBay makes no representations about the reliability of the website, its content or any other website features. NovaBay and its affiliates disclaim all liability in the event of claims, losses or damages arising out of or in connection with any access, use or distribution of the website. NovaBay, its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents are not responsible for any damages or injury, including but not limited to special, indirect, incidental or consequential damages, that result from your use of (or inability to use) this website, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction. You understand and agree that your use of this website is predicated upon your waiver of any right to sue us or our affiliates or any of our or their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents directly or to participate in a suit for any losses or damages resulting from your use of this site.

Governing Law, Jurisdiction and Severability

These Terms of Use will be governed by and construed in accordance with the laws of Delaware without regard to conflicts of laws principles. By using this website, you hereby agree that any and all disputes regarding these Terms of Use will be subject to the courts located in Delaware, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action. You must commence any cause of action you may have with respect to your use of this website within one year after the claim or cause of action arises or such claim or cause of action will be deemed to have been waived. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of NovaBay to enforce the strict performance of any provision of these Terms of Use shall not be a waiver by NovaBay of its right to subsequently enforce such provision or any other provision or provisions of these Terms of Use.