These Terms of Use (the “Terms”) govern your access to and use of silverhookcapital.com and any subdomain, page, or interactive feature offered through it (collectively, the “Site”), which is operated by Silver Hook Capital and its affiliated entities (collectively, “Silver Hook,” “the Firm,” “we,” “our,” or “us”). PLEASE READ THESE TERMS CAREFULLY. They contain important information regarding the limits of our liability, a binding arbitration provision, and a class-action waiver.
1. Acceptance and Modification of Terms
By accessing, browsing, or otherwise using the Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms in full, you must immediately discontinue use of the Site. We may modify these Terms at any time by posting a revised version on this page with an updated “Last Updated” date. Your continued use of the Site after any modification constitutes acceptance of the revised Terms. It is your responsibility to review the Terms periodically.
2. Eligibility
You represent and warrant that you are at least eighteen (18) years of age, that you have the legal capacity to enter into a binding agreement, and that your use of the Site is not prohibited by, and does not violate, any applicable law or regulation in the jurisdiction from which you access the Site. Access to the Site from jurisdictions where its content or any aspect of the Firm’s activities is unlawful is prohibited.
3. Informational Purpose Only: No Offer of Securities
The Site is provided solely for general informational and relationship-building purposes. Nothing on the Site is, or should be construed as, an offer to sell or a solicitation of an offer to buy any security, investment product, investment advisory service, fund interest, partnership interest, real-estate interest, or any other regulated product or service. No such offer or solicitation will be made except by means of a definitive private placement memorandum, subscription agreement, purchase agreement, or other formal offering document, and then only to qualified persons in jurisdictions where such offer or solicitation may lawfully be made and only after a thorough one-on-one due diligence process.
Silver Hook is a privately held family investment office. We do not solicit, accept, or manage capital from the general public. The Firm is not registered as an investment adviser, broker-dealer, commodity pool operator, commodity trading adviser, or municipal securities dealer with the U.S. Securities and Exchange Commission, the Commodity Futures Trading Commission, any state securities or insurance regulator, or any non-U.S. regulator, and nothing on the Site should be construed as an offer or undertaking to provide any service that would require such registration.
4. No Investment, Legal, Tax, or Accounting Advice
The information provided on the Site does not constitute investment, legal, tax, accounting, regulatory, or any other form of professional advice and should not be relied upon as such. The Site does not take into account the specific objectives, financial situation, risk tolerance, liquidity needs, or particular circumstances of any visitor. Before making any investment, business, legal, or tax decision, you should consult your own qualified independent advisors. You assume sole responsibility for evaluating the merits and risks associated with any use of the information on the Site.
5. No Adviser or Fiduciary Relationship
Your access to or use of the Site, or any communication you initiate through it, does not create an investment advisory, fiduciary, broker-client, agency, partnership, joint venture, employment, or similar relationship between you and Silver Hook. No such relationship will arise except pursuant to a separate written agreement signed by an authorized representative of the Firm.
6. Accredited Investor and Qualified Purchaser Notice
To the extent any future offering of interests by Silver Hook or any of its affiliated investment vehicles is made, it will be made exclusively to persons reasonably believed to be “accredited investors” as defined in Rule 501 of Regulation D under the Securities Act of 1933, as amended, and, where applicable, “qualified purchasers” as defined in Section 2(a)(51) of the Investment Company Act of 1940, as amended, or to comparable categories of sophisticated investors under applicable non-U.S. law. Information on the Site is not directed to, and should not be relied upon by, any person who does not meet such standards or to whom such an offer would be unlawful.
7. Forward-Looking Statements
Statements on the Site that are not historical fact may constitute forward-looking statements within the meaning of applicable securities laws. Forward-looking statements include, without limitation, statements regarding the Firm’s investment focus, strategy, opportunities, philosophy, or anticipated outcomes. Such statements involve known and unknown risks, uncertainties, assumptions, and other factors that may cause actual results to differ materially from those expressed or implied. Silver Hook undertakes no obligation, and disclaims any duty, to update or revise any forward-looking statement, whether as a result of new information, future events, or otherwise.
8. Past Performance, Track Record, and Case Examples
Any reference on the Site to the Firm’s history, experience, track record, prior investments, or representative transactions is provided for illustrative purposes only. Past performance is not indicative of, and provides no guarantee of, future results. Individual investments and overall portfolio outcomes are subject to numerous risks, including loss of all invested capital. Where specific investments are described, they may not be representative of all investments made by Silver Hook, and the outcome of any particular investment may differ materially from that described.
9. Risk Acknowledgment
Investments of the type pursued by Silver Hook — including real estate, healthcare ventures, and other private investments — involve substantial risks, including but not limited to illiquidity, leverage, concentration, valuation uncertainty, regulatory change, operational risk, market and macroeconomic risk, environmental and physical risk, counterparty risk, key-person dependence, and the possibility of partial or total loss of capital. You acknowledge that you understand these risks and that you will not rely on the Site as a basis for any investment, financial, or business decision.
10. Confidentiality of Communications
Communications submitted through the Site, including via the contact form or unencrypted email, are transmitted over networks that are not under our exclusive control and should not be considered confidential, secure, or privileged. Please do not transmit non-public, sensitive, material, or proprietary information — including, without limitation, deal materials, financial statements, identifying information of third parties, or information subject to a confidentiality agreement — through the Site. Appropriate secure channels and a written confidentiality framework will be established once a specific matter warrants. The transmission of information through the Site does not, by itself, establish any confidentiality, nondisclosure, or attorney-client obligation on the part of Silver Hook.
11. Intellectual Property
The Site and all of its contents, including text, graphics, photographs, video, audio, logos, taglines, marks, trade names, the “Silver Hook,” “Silver Hook Capital,” and “We invest where others see friction” marks, page design, layout, code, and the selection, arrangement, and presentation of materials, are the property of Silver Hook or its licensors and are protected by United States and international copyright, trademark, trade-dress, and other intellectual-property laws. All rights are reserved. Except as expressly permitted herein, no portion of the Site may be copied, reproduced, republished, downloaded, uploaded, posted, framed, transmitted, distributed, modified, translated, displayed in any other website, or otherwise exploited without our prior written consent. You may view and print pages of the Site solely for your personal, non-commercial reference, provided that you retain all copyright and proprietary notices.
12. Permitted Use and Prohibited Conduct
You agree to use the Site only for lawful purposes and in a manner consistent with these Terms. Without limiting the foregoing, you agree not to:
- use the Site in any manner that could disable, overburden, damage, or impair it or interfere with any other party’s use of the Site;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any portion of the Site, the server on which it is stored, or any server, computer, or database connected to it;
- introduce any virus, trojan, worm, logic bomb, or other malicious or technologically harmful material;
- scrape, harvest, crawl, index, or otherwise collect content from the Site by automated means for any commercial purpose, including for the training of machine-learning or generative-AI models, without our prior written consent;
- impersonate or attempt to impersonate the Firm, a Firm employee, another user, or any other person or entity;
- use the Site to transmit unsolicited commercial communications or to engage in any conduct that restricts or inhibits any other person’s use of the Site; or
- use the Site in any manner that violates any applicable federal, state, local, or international law or regulation, including sanctions, anti-money-laundering, anti-corruption, securities, privacy, and export-control laws.
13. User Submissions
Any communication, information, or material you submit to us through the Site — other than personal information governed by our Privacy Policy and other than information specifically protected by a written confidentiality agreement then in effect — is provided on a non-confidential and non-proprietary basis. You grant Silver Hook a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable license to use, reproduce, modify, and act upon such submissions for any lawful business purpose, including for diligence, evaluation, recordkeeping, and compliance. You represent and warrant that you have all rights necessary to make such submission and that the submission does not infringe or misappropriate the rights of any third party.
14. Third-Party Links and Featured Projects
The Site contains links to third-party websites, including project-specific sites such as privatecolorado.com. Such links are provided as a convenience and do not imply endorsement, sponsorship, affiliation, or warranty by Silver Hook of the linked site or its content. We are not responsible for the content, accuracy, privacy practices, or security of any third-party site, and your use of any third-party site is at your own risk and subject to the terms and policies of that site.
15. Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, AND INFORMATION ON OR AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SILVER HOOK DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SILVER HOOK DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. ANY RELIANCE ON CONTENT OBTAINED THROUGH THE SITE IS AT YOUR SOLE RISK.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SILVER HOOK, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE PARTNERS, PRINCIPALS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, ADVISORS, AGENTS, LICENSORS, OR SERVICE PROVIDERS (THE “FIRM PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR USE, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT OR MATERIALS ON OR AVAILABLE THROUGH THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE FIRM PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). THE FOREGOING LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW; SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN WHICH CASE THE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED.
17. Indemnification
You agree to defend, indemnify, and hold harmless the Firm Parties from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees and disbursements) arising out of or relating to (a) your violation of these Terms; (b) your misuse of the Site; (c) your violation of any applicable law or regulation; or (d) your violation or alleged violation of any right of a third party in connection with your use of the Site. Silver Hook reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case you agree to cooperate with our defense.
18. Governing Law; Dispute Resolution; Arbitration; Class-Action Waiver
These Terms and any dispute or claim arising out of or related to them, the Site, or your relationship with Silver Hook (collectively, “Disputes”) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict-of-laws principles. The Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions of these Terms.
The parties shall first attempt in good faith to resolve any Dispute through informal negotiation by sending a written notice to info@silverhookcapital.com describing the Dispute and the relief sought. If the Dispute is not resolved within sixty (60) days of receipt of such notice, the Dispute shall be finally resolved by binding arbitration administered by JAMS in Dallas, Texas, in accordance with its then-current Comprehensive Arbitration Rules and Procedures, before a single arbitrator. The arbitrator shall have exclusive authority to resolve all threshold issues of arbitrability. Judgment upon the award may be entered in any court of competent jurisdiction.
CLASS-ACTION WAIVER. ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF.
Notwithstanding the foregoing, either party may bring an individual action in small-claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction located in Dallas County, Texas to protect its intellectual property or confidential information. You consent to the personal jurisdiction of, and exclusive venue in, the state and federal courts located in Dallas County, Texas for any such proceeding.
19. Term and Termination
These Terms remain in effect while you use the Site. We may suspend or terminate your access to all or any part of the Site at any time, with or without notice, for any reason or no reason, including for any breach or suspected breach of these Terms. All provisions that by their nature should survive termination shall survive, including, without limitation, sections relating to intellectual property, disclaimers, indemnification, limitation of liability, and dispute resolution.
20. Miscellaneous
These Terms, together with the Privacy Policy and any other agreements expressly referenced herein, constitute the entire agreement between you and Silver Hook with respect to the Site and supersede all prior or contemporaneous communications regarding such subject matter. If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision will not be deemed a waiver of such right or provision. You may not assign these Terms or any rights or obligations hereunder without our prior written consent; any purported assignment in violation of this provision is void. We may assign these Terms in our sole discretion without notice to you. Headings are for convenience only and do not affect interpretation. The terms “include,” “including,” and similar terms shall be construed as if followed by the phrase “without limitation.”
21. Notice to U.S. Government Users
The Site is comprised of “commercial computer software” and “commercial computer software documentation” as those terms are used in the Federal Acquisition Regulation. Any use, modification, reproduction, release, performance, display, or disclosure by the U.S. Government will be governed solely by these Terms.
22. Contact
For questions regarding these Terms, please contact:
Silver Hook Capital
Attention: Legal & Compliance
Email: info@silverhookcapital.com