Roark Website Terms of Use
Last updated May 20, 2025
THE TERMS OF USE STATED BELOW (THESE “TERMS”) GOVERN YOUR USE OF THE WEBSITE LOCATED AT WWW.ROARKCAPITAL.COM (THE “SITE”), WHICH IS OWNED BY ROARK CAPITAL MANAGEMENT, LLC (“ROARK,” “WE,” “OUR,” OR “US”). THESE TERMS ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION CONTAINED ON THE SITE. BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM IN THEIR ENTIRETY.
ROARK RESERVES THE RIGHT IN ITS SOLE DISCRETION TO MODIFY, ADD TO, OR DELETE ANY OF THESE TERMS AT ANY TIME. WE WILL NOTIFY YOU OF SUCH CHANGES BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE, WHICH SHALL IMMEDIATELY BECOME EFFECTIVE AND REPLACE ALL PRIOR VERSIONS. BY CONTINUING TO USE THE SITE, YOU CONSENT TO SUCH CHANGES.
These Terms do not amend or supersede any previous written agreements you may have, or are a party to, with Roark or any Roark fund or account (“Other Agreement”). In the event of any inconsistency between these Terms and any Other Agreement, the Other Agreements will govern. Some parts of the Site may contain supplemental terms and conditions, disclosures and disclaimers, which are hereby incorporated in these Terms. In the event of a conflict, the supplemental terms and conditions, disclosures and disclaimers will govern for those aspects.
1. Privacy Policy
By using the Site, you agree to be bound by our Privacy Policy, available here (the “Privacy Policy”), which is incorporated into these Terms by reference.
2. General Use Restrictions
You certify that you are 18 years of age or older. If you are under the age of 18, you may not use or access the Site. You represent and warrant that you will comply with all applicable laws and regulations pertaining to your use of the Site, that your use of the Site is legal in, and does not violate any laws or regulations where you live, and that your use of the Site will be in accordance with these Terms. You further represent and warrant that: (1) you are not located in a country or region that is targeted for comprehensive trade sanctions by the US Government; (2) you will not access or use our Site from such a country or region; and (3) you are not designated on the US Treasury’s Specially Designated Nationals or Blocked Persons List or otherwise a person who is barred from doing business with US persons or from receiving exports of goods or services from the United States.
3. Limited License to Use
All information, documents, products, software, content, source code, and services provided on or through the Site, including trademarks, logos, graphics, and images (the “Materials”), are the property of Roark or its licensors. More information on our intellectual property is provided below.
Subject to your compliance with all of the provisions of these Terms, Roark grants you a nonexclusive, nontransferable, revocable, limited right to access, use, and display the Materials only on your personal computer and to copy and download the Materials displayed on this Site, provided that: (1) all copyright notices (including those set forth in these Terms or elsewhere on the Site) and this permission notice appear in the Materials so displayed, copied, or downloaded, (2) the display, copy, or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You agree that you have no right to modify, edit, alter, enhance, republish, reproduce, distribute, sell, or otherwise prepare any derivative works based upon any of the Materials in any manner, in whole or in part.
This limited license terminates automatically, without notice to you, if you breach any of these Terms or in our sole discretion at any time. Upon termination of this limited license, you agree to immediately destroy any electronic or printed Materials.
Except as stated in these Terms, you acknowledge that you have no right, title, or interest in or to the Materials on any legal basis, without the advance written authorization of Roark.
4. Prohibited Uses
You shall not use the Site in any manner that could damage, disable, overburden, or impair the Site. You shall not disable, remove, avoid, bypass, deactivate, impair or otherwise interfere with the security of the Site or the Materials or any servers or networks connected to or accessible from the Site or interfere with any other person’s use of the Site. You shall not post or otherwise transmit through the Site any viruses, Trojan horses, worms, or any objectionable content. You shall not attempt to gain unauthorized access to any portion of the Site that is restricted from general access and shall not attempt to grant such access to any third party. You shall not frame, reproduce or copy the Site, or access or use the Site through an interface other than one we provide to you. You shall not use any robot, spider, web crawler, or other automatic or manual process to monitor, extract, collect, harvest, mine, scrape, or copy the Site or any of the Materials. You shall not access the Site for the purpose of building a similar or competitive service, website, or application; decompile, reverse engineer, recreate, disassemble, or otherwise attempt to determine the makeup or source code of the Site.
Any violations of system or network security, including attempts to intentionally access a computer without authorization or exceed your authorized access level, may result in civil and criminal charges, including but not limited to charges under the Computer Fraud and Abuse Act (18 U.S.C. § 1030). We may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users of the Site if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread of, a virus, security breach, or system malfunction. If we so restrict or terminate access, we will use commercially reasonable efforts to restore access and use to users for proper purposes.
5. Changes to the Site
Roark may change, modify, remove, suspend, discontinue, or terminate any aspect of the Site or any features thereof at any time without notice or liability. We may, in our sole discretion, impose restrictions on services, features, or any of the Materials, terminate your access to the Site or any portion thereof, or terminate all rights and licenses contained in these Terms, without notice or liability.
In the event of any termination of your access to the Site, the restrictions on your use of the Materials, and any of these Terms that are by their nature unaffected by termination of your usage of the Site (including the terms applicable to Submissions, dispute resolution, indemnification, limitation of liability, and disclaimer of warranties) shall survive such termination, and you agree to remain bound by those terms. We reserve the right to seek all remedies available at law and in equity for violations of these Terms.
6. Third-Party Content and External Sites
Third parties may provide certain information and content to Roark, which may be included in the Materials or otherwise available through the Site (“Third-Party Content”). The Third-Party Content is, in each case, the copyrighted work of the creator/licensor and may be subject to terms of use, privacy policies, or other terms and conditions of such third parties. Please contact the appropriate third party for further information regarding these terms.
ROARK DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIRD-PARTY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Although the Site may link to other websites (“External Sites”), Roark is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any External Site unless specifically stated otherwise. If you follow links to any External Site, you will leave the Site. You acknowledge and agree that Roark has not reviewed the External Sites and is not responsible for the content contained on any External Site. Your access and use of any External Site is at your own risk and is subject to any terms and conditions provided by the owners of such External Site.
7. Submissions
You acknowledge that you are responsible for the information and material that you submit to the Site (each a “Submission”) and that you, and not Roark, are fully responsible for each Submission, including its legality, reliability, appropriateness, originality, and copyright. Unless otherwise explicitly stated in these Terms, you agree that any Submission provided by you in connection with this Site is provided on a nonproprietary and non-confidential basis. You agree that Roark will be free to use or disseminate a Submission on an unrestricted basis for any purpose and that if you submit information, photographs, audio or video recordings, files, documents, content, or materials to the Site, you grant Roark a nonexclusive, irrevocable, perpetual, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, store, copy, exploit, display, publish, broadcast, perform, print, reproduce, distribute, sell, sub-license, and prepare derivative works of the Submission. You represent and warrant that you have all necessary licenses, rights, consents, and permissions to grant us the foregoing license. Nothing in these Terms will restrict other legal rights that we may have to Submissions, for example, under other licenses. You agree that you will not receive any consideration or compensation in connection with your Submissions.
8. Trademarks and Copyrights
The Site and the Materials are protected under United States and other copyright and trademark laws, and are the property of Roark or its licensors.
The trademarks, service marks, brands, names, logos, and designs (“Trademarks”) of Roark or others used on this Site are the property of Roark or their respective owners. You may not copy, remove, alter, imitate, or use any Trademark displayed on the Site, in whole or in part, without the express prior written permission of Roark or its respective owner, and nothing contained on this Site grants, by implication, waiver, estoppel, or otherwise, any right to use any Trademark.
All of the Materials appearing on this Site, including the selection, assembly, and arrangement thereof, are protected by United States copyright laws, international conventions, and other copyright laws and are the sole property of Roark, unless otherwise stated. All rights not expressly granted in these Terms are reserved. You will abide by this and any additional copyright notices, information, or restrictions contained in any of the Materials. Except as otherwise required by applicable law, any copying, reproduction, distribution, modification, retransmission, display, transmission, sale, commercial exploitation, or publication of any copyrighted material, and any preparation of derivative works based thereon, is strictly prohibited without the express written consent of the copyright owner. You may not distribute any of the Materials to any other person.
9. Non-Public Investor Sections of the Site
If you are a Roark investor or are a representative of a Roark investor, you may have been granted access to certain non-public portions of the Site through a uniquely assigned investor log-in (“Investor Sections”). In addition to this Site, your use of the Investor Sections may also be governed by Other Agreements and by all applicable laws and regulations. All information available through the Investor Sections of the Website is confidential and proprietary to Roark. This includes all investment information and results, offering materials, financial statements, and other information provided through the Investor Sections of the Site. You will use best efforts to keep all this information strictly confidential. You will not disclose any of this information to any person or use it for any purpose other than those expressly permitted by Roark in writing.
If you have been granted access to the Investor Sections by Roark, you must maintain the confidentiality of your log-in information and you remain responsible for all usage of the Investor Sections of the Site through your account, whether such use is made by you or anyone else. You may not provide your log-in information or access to the Investor Sections or any information or Materials found within the Investor Sections to any other person or entity. You must immediately notify us of any known or suspected unauthorized use of your log-in information or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of, or access to, your log-in information. We reserve the right to require you to change your log-in information from time to time.
10. Performance Information
a. Past Performance
The information contained on, or comments expressed on, the Site may include certain prior indications of past investment performance. In considering such prior performance information, you should bear in mind that past performance is not necessarily indicative of future results and there can be no assurance that an investment will, or is likely to, achieve comparable results to those achieved in the past or that significant losses will be avoided.
b. Analyses and Opinions
Market analyses and statements of opinions provided on the Site are inherently uncertain and are based on a number of assumptions. You should carefully review information regarding any such analyses and underlying assumptions.
c. Forward-Looking Statements
Certain information in the Site may contain certain “forward-looking statements” about Roark, the funds or accounts it advises, and their underlying investments which can be identified by the use of words such as “may,” “will,” should,” “expect,” “anticipate,” “project,” “estimate,” “intend,” “continue,” “believe,” or similar expressions. Roark undertakes no obligation to update publicly or revise any forward-looking statements. Due to various risks and uncertainties, actual events, results, or performance may differ materially from those reflected or contemplated in such forward-looking statements. No representation or warranty is made as to future performance or such forward-looking statement.
11. Informational Use Only
This Site does not constitute an offer to sell or the solicitation of an offer to purchase any investment product or any interest in any investment vehicles or accounts managed or advised by Roark or any of its affiliates (collectively, the “Roark Funds”) in any jurisdiction to any person. Any such offer or solicitation for interests in any Roark Fund will only be made pursuant to the applicable Roark Fund’s confidential private placement memorandum and the definitive offering documents of such Roark Fund, which contain a description of the material terms (including risk factors, conflicts of interest, fees and charges, and regulatory and tax considerations) relating to such Roark Fund, and which should be reviewed carefully prior to making an investment. 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, nor does any information on the Site constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell, or hold any security or other investment or that you pursue any investment style or strategy.
12. Disclaimer of Warranties
Roark makes no warranties or representations as to the accuracy, completeness, timeliness, or use of the Site or the Materials. You acknowledge and agree that the Site may include certain errors, omissions, and outdated information that may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by Roark, agree that Roark does not warrant the accuracy or timeliness of the Materials, and further agree that Roark has no liability for any errors or omissions in the Materials, whether provided by Roark or its affiliates. Roark assumes no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any data, text, images, video, audio, or other Materials from the Site.
ROARK, FOR ITSELF AND EACH OF ITS AFFILIATES, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD-PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE MATERIALS, AND ANY OTHER INFORMATION OR MATERIAL ACCESSIBLE THROUGH THE SITE IS PROVIDED ON AN “AS IS” AND “WHERE-IS” BASIS AND ARE FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE DISCLAIMED.
ROARK MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, ANY MATERIALS, AND ANY OTHER INFORMATION OR MATERIAL ACCESSIBLE THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE EQUIPMENT THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. Indemnification
You agree to defend, indemnify, and hold harmless Roark, its affiliates and each of their representatives, partners, agents, and employees from and against all liabilities, claims, costs, and expenses, including attorneys’ fees, that arise out of or in connection with your use of the Site or breach of these Terms.
14. Limitation of Liability
NEITHER ROARK NOR ANY OF ITS PARTNERS, AFFILIATES OR THIRD-PARTY PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, ANY EXTERNAL SITES, OR THE MATERIALS, HOWEVER ARISING, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ROARK WAS INFORMED OF THE POSSIBILITY OF THESE DAMAGES. YOU ACKNOWLEDGE THAT ROARK WOULD NOT PROVIDE ACCESS TO THE SITE IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS ON LIABILITY ARE ESSENTIAL ELEMENTS OF THESE TERMS. NOTE THAT CERTAIN JURISDICTIONS, INCLUDING NEW JERSEY, RESTRICT COMPANIES’ ABILITY TO LIMIT LIABILITY. THIS LIMITATION DOES NOT APPLY TO THE EXTENT PROHIBITED BY LOCAL LAW.
15. Severability and Waiver
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then that provision will be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
The failure of Roark to enforce any right or provision in these Terms will not constitute a waiver of this right or provision unless acknowledged and agreed to by Roark in writing.
16. Governing Law and Venue
These Terms shall be governed by Georgia law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. The exclusive jurisdiction and venue for all disputes, actions, claims, or causes of action related to these Terms or in connection with the Site shall be the federal and state courts located in Fulton County, Georgia.
17. Dispute Resolution
YOU SHOULD READ THIS SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You may contact us at legal@roarkcapital.com to address any concerns you may have regarding the Site or the Materials. Roark is able to resolve most concerns to our users’ satisfaction. You and Roark agree to use best efforts through Roark’s internal dispute resolution processes to resolve any dispute, claim, question, or disagreement and engage in good faith negotiations, which shall be a condition precedent to either party initiating a lawsuit.
a. Class-Action Waiver
You agree that, to the fullest extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with the Site, the Materials, these Terms, or our Privacy Policy (collectively, “Disputes”) will be resolved on an individual basis, without resort to any form of class action or mass action. This provision shall not be construed as a waiver of your right to seek public injunctive relief as provided under California law to the extent such right may otherwise be available to you.
b. Time Limitation
You agree to file any and all Disputes within one year from the date of accrual of a cause of action, and that actions brought after this date will be deemed time-barred.
18. Assignment
We may assign our rights and delegate our duties and obligations under these Terms to any party at any time without notice to you. These Terms are not assignable, transferable, or sub-licensable by you without our prior, express, and written consent.
19. Waiver
No delay or failure by Roark to enforce any provision in these Terms shall constitute a waiver of any of our rights. Neither the receipt of any funds by Roark nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of Roark shall have any legal effect.
20. Severability
If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
21. Contact
Thank you for visiting our Site. Please contact us at legal@roarkcapital.com if you have any questions about our Site or these Terms. Electronic mail or other communications through this Site to Roark (or any of its employees, agents, or representatives) may not be secure and we do not guarantee the confidentiality of such communications.