FOUNDING LETTER
November 5, 2019

We came together to build this company from three very different backgrounds, with wildly different paths to get here. But we all shared overwhelming curiosity, a deep interest in thinking about the future, and similar values. And we all loved starting and growing new companies. Peter and Jesse joined forces to start The Chernin Group in 2010 and Mike came on board in 2015. Our collective experiences, respect, and admiration for one another have shaped The Chernin Group for the last decade. We now look forward to this new chapter together.

Over the past ten years, we’ve partnered with many entrepreneurs and management teams building consumer businesses across a variety of industries. Each time, we learned a little more about how people were behaving differently than they had in the past. When we thought we could turn those observations into conviction about how consumers would continue to behave, opportunities soon followed.

In the beginning, our focus and conviction were greatest in media. We had some ideas about how technology would re-shuffle the media landscape. We thought new businesses would emerge that would have strong brand identities, passionate fan bases, and solid business models. We loved direct-to-consumer, subscription businesses, and founders that had done the hard work of building a great brand but needed help scaling. When we found management teams we believed in, we invested in their companies, got to work on their behalf, and encouraged them to go bigger. Along the way we offered up advice, helped them recruit talented leaders, and provided access to capital.

Over time, we found that our thesis in media was transferable to what was occurring across all consumer industries – from commerce and health and wellness, to gaming, consumer finance, and more. The sectors were different, but the characteristics of what made for a great, emerging consumer business were quite similar. So, we began partnering with these consumer companies across all sectors and before we knew it, we had 70+ portfolio companies. We were having fun and felt fortunate to be involved with these great companies.

Part of what made this so fun was our team. We assembled a group of talented folks from diverse backgrounds who all shared the same hustle, drive, and curiosity.

Fast forward a few years, we’ve accomplished a lot. We’ve helped founders realize their visions across the consumer landscape and we’re hungry for more.

To implement our strategy on a broader scale, we have shifted from a holding company to an investment firm which we call ‘TCG’. In many ways, it’s the same team running back the same playbook. We’re still singularly focused on consumer platforms and brands.

You may know a lot about us, you may have heard of us but have questions about what exactly we do, or this may be the first time you’re hearing of us. We have purposefully remained low key for the last 10 years. While we now have a website, you can expect that our investments and company executives will do most of the talking from here on out. We hope our newest companies will be more evidence of the aspirations for the firm – bespoke, ambitious, unique, and focused.

We just closed our new fund with over $700M of commitments from investors. Our teams in Los Angeles and San Francisco are growing and we’ve since added a New York office. We’re trying hard to carry forward the culture we’ve built over the years. Stay curious. Be creative. Care deeply. Do it all with some levity.

TCG is just another chapter in the same book we’ve been writing together for nearly a decade. What will tomorrow’s consumers want? Which companies are building toward that? Which founders feel destined to win? What would happen if we helped?

Let’s find out.

Peter Chernin

Jesse Jacobs

Mike Kerns

TCG Privacy Policy and Terms and Conditions

LAST UPDATED: NOVEMBER 29, 2023

Thank you for visiting the website of TCG Capital Management, LP (“TCG”, “we”, “our” or “us”). The Privacy Policy and Terms and Conditions set forth herein govern this website (the “Site”) of TCG and its affiliates.

Please read the Privacy Policy and Terms and Conditions carefully before using the Site. Your visit to the Site is subject to the Privacy Policy and Terms and Conditions, which constitutes a legal agreement between you and TCG. By visiting the Site, you agree to the Privacy Policy and Terms and Conditions and each time you use the Site, your use indicates your full acceptance of and agreement to abide by the Privacy Policy and Terms and Conditions. If you do not accept the Privacy Policy and Terms and Conditions (a) do not use the Site and (b) you agree that your sole and exclusive remedy is to discontinue using the Site.

Your compliance with the Privacy Policy and Terms and Conditions and all other rules, procedures, policies, terms and conditions that govern all or any portion of the Site is a condition to your right to access the Site. Your breach of any provision contained therein will automatically, without the requirement of notice of other action, revoke and terminate your right to access the Site and you will be fully liable for conversion, misappropriation, trespass to chattels, and all other claims and causes, regardless of the identity of the claimant or injured party, arising from or relating to your continued use of the Site after such breach.



PRIVACY POLICY

This Privacy Policy describes how TCG Capital Management, LP and its affiliates (“TCG”, “we”, “our” or “us”) collects, uses, and discloses the personal information we receive when you use or interact with our website (“Site”) or otherwise in connection with your relationship with us, as well as rights that may be available to you with respect to your information. If you are a partner and have a financial service with us, please refer to the privacy policy that is provided in your subscription packet for a description of what personal information we collect from or about you and your choices with respect to that information.

Personal Information We Receive

Personal information is any information from or about an identified or identifiable person, including information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household. In the past twelve (12) months, we have obtained personal information as follows: directly from you, such as when you proactively submit information on our Site; and indirectly from you, such as when you interact with our Site. We may collect the following categories of personal information when you use or interact with our Site:

  • Personal identifiers, such as your name, home address, telephone number, and e-mail address, when you contact us directly.

  • Device information, such as information about the computers, phones, and other devices used when interacting with our Site, which may include unique personal identifiers, online identifiers, the name of the domain and host from which you access the Internet, the browser software you use, your OS version, and IP address (which may be used to infer general location at a city or country level).

  • Activity and usage information, or information regarding your use of our Site, including the time, date, and length of time of use; the pages you view, including the time spent on each page and clicks on each page; how you got to the Site (i.e., referring URL).

How We Use Personal Information

We use personal information for the following purposes described below. We may also process your personal information as otherwise permitted or required by applicable law. This personal information may be used to fulfill your request or for internal business purposes, including, without limitation, for:

  • Provide services and to fulfill your requests, including to provide our Site to you and enhance your experience;

  • Research and analytical purposes, including to perform statistical analyses of user behavior and characteristics to better understand how users access and use the Site, improve the Site, respond to user preferences, and to perform internal quality control;

  • Authentication, integrity, security, and safety purposes, including to maintain the safety, security, and integrity of our Site and to verify your identity;

  • Communications, including to send communications regarding our Site, programs or services; respond to your inquiries; or advise you of changes to our Site;

  • Legal reasons, including to comply with applicable laws, prevent potentially prohibited or illegal activities; and to enforce our Terms and Conditions;

  • Change of ownership, including to evaluate or conduct a merger, sale, or other acquisition of some or all of our organization or its assets.

How We Share Personal Information

We may disclose your personal information with our affiliates, with your consent, and in the following circumstances or as otherwise described in this Privacy Policy:

  • Service Providers: We may engage third-party service providers to perform certain tasks on our behalf, including to provide, support, and improve the Site, provide and support our technical infrastructure, research and analytics, and other duties in connection with the Site. These service providers may have access to the information you submit through this Site, but only for the purpose of performing their duties in connection with the Site.

  • Change of Control: We may share personal information with actual or prospective acquirers, their representatives and other relevant participants in, or during negotiations of, any sale, merger, acquisition, restructuring, or change in control involving all or a portion of our business or assets.

  • Other: We may share personal information as needed to: (1) comply with applicable law or respond to, investigate, or participate in valid legal process and proceedings, including from law enforcement or government agencies; (2) enforce or investigate potential violations of its Terms and Conditions or policies; (3) detect, prevent, or investigate potential fraud, abuse, or safety and security concerns, including threats to the public; (4) protect our and our customers’ rights and property; (5) resolve disputes and enforce agreements; or (6) with your consent or at your direction.

U.S. Privacy Rights

You may have certain rights to manage your personal information depending on where you live. Depending on your jurisdiction, the following rights may apply:

  • Right to Know and Access: The right to know and access the personal information we have collected about you.

  • Right to Data Portability: The right to receive a copy of the personal information described above in a portable format.

  • Right to Correct: The right to correct inaccuracies in your personal information, in certain circumstances.

  • Right to Delete: The right to request that we delete your personal information.

  • Right to Opt-Out of “Sales” and/or “Shares” for Targeted Advertising: We do not sell or share your personal information for targeted advertising purposes, and therefore do not offer this right. We do not have actual knowledge that we “sell” or “share” the personal information of consumers under 16 years of age.

  • Right to Opt-Out of Use of Sensitive Personal Information: We do not receive personal information that would be considered sensitive when you use or interact with this Site, and therefore do not offer this right.

  • Right to No Discrimination: The right not to be discriminated against for exercising any of your privacy rights.

  • Right to Appeal: Sometimes we are unable to process requests relating to your personal information, in which case, your request will be denied. If you are a resident of California or Virginia whose privacy rights request has previously been denied by us and you believe we denied it in error, you may appeal for reconsideration of your request by e-mailing corporate.legal@tcg.co.

To exercise any privacy rights available to you, you may submit a request to us using the following methods:

You may exercise these rights by submitting (or having your registered, authorized agent submit) a request to us by contacting us using the information below. We will provide a timely response, in accordance with applicable law. To respond to your request we may need to verify your identity or the authority of your authorized agent to make the request. If needed, we will verify your consumer request by comparing the information you provide to information already in our possession.

Retention of Personal Information

Unless otherwise stated above, we will keep your personal information for as long as necessary for the purposes identified in this Privacy Policy, or as permitted by applicable law. We use the following criteria to determine how long to retain personal information:

  • Our relationship with you;

  • Your requests to us regarding your information, or our products or services;

  • Any legal obligations to retain the data, or for our own legal purposes (such as enforcing our agreements or litigation);

  • Recommendations and legal requirements in applicable labor and employment;

  • Technical considerations and feasibility, and level of protections in place for your personal information.

Security

We use reasonable technical, administration, and physical controls to help protect your personal information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security. We are not liable or responsible for use or disclosure of your personal information that is the result of unauthorized or illegal access to our systems or those of third parties. If you believe the security of your personal information has been compromised, please notify us immediately using the contact information below.

Changes to This Privacy Policy

We may update this Privacy Policy periodically to account for changes in our collection and/or processing of personal information, and will post the updated Privacy Policy on our website, with a “Last Updated” date at the top. Your continued use of our Site after the effective date of any modification to this Privacy Policy will be deemed to be your agreement to the changed terms.

How to Contact Us

For questions or concerns about our privacy practices, please email us at corporate.legal@tcg.com.



TERMS AND CONDITIONS

Limited Right to Use

TCG grants you a limited right to use the Site. TCG may revoke your right to use all or any portion of the Site at any time and for any reason (or no reason). This Privacy Policy and Terms and Conditions will survive any termination or expiration of your access to the Site.

Updates

TCG reserves the right, in its sole discretion, to modify, alter or otherwise change the Privacy Policy and Terms and Conditions set forth herein at any time. Any updates to the Privacy Policy and Terms and Conditions will be posted here, and any such updates will be effective upon posting. Your continued use of the Site after any such updates constitutes your acceptance of the updated Privacy Policy and Terms and Conditions . You should consult the Privacy Policy and Terms and Conditions each time you visit the Site. If you do not agree with the Privacy Policy and Terms and Conditions, do not use the Site.

No Offer or Advice

By accessing the Site, you acknowledge and agree that the information made available to you through this Site is for general, informational purposes only and is not intended to constitute an offer to sell or buy any securities or other assets or promise to undertake or solicit business and may not be relied upon in connection with any offer or sale of securities or other assets. Any such offer or solicitation will be made only through a private offering pursuant to a confidential private placement memorandum, subscription documents and/or other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor and certain risk and conflict of interest disclosures contained therein. TCG makes no representations that any information provided via this Site is accurate, current, or complete, and you are solely responsible for evaluating the risks and merits regarding the use of the Site and any services provided herein. Although this Site may include investment-related information, nothing on this Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy. Any investments referred to on this Site are included as representative investments only and are not necessarily reflective of the overall investment performance of TCG. Nothing on this Site is intended to be, and you should not consider anything on this Site to be, investment, accounting, tax or legal advice. If you would like investment, accounting, tax or legal advice, you should consult with your own professional advisors.

Past Performance

Past performance is not indicative of future results and no representation or warranty is made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that losses will be avoided. In addition, through various portions of the Site, you may access historical documents that were published in the past. Please be advised that these documents may reflect information that, with the passage of time, has since changed. TCG does not undertake any obligation to update any such document. Any transactions described on the Site as having been engaged in by TCG are included as representative transactions for illustrative purposes only, and may not be representative of all transactions engaged in by TCG.

Forward-Looking Statements

The contents of the Site may contain forward-looking statements. These statements are based on certain beliefs, assumptions, current expectations, estimates, and projections about the financial industry, the economy, TCG, its investments and other factors. You can identify these forward-looking statements by the use of words such as “outlook,” “indicator,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “anticipate,” “optimistic,” “intend,” “plan,” “estimate,” “aim,” “will” or the negative version of these words or similar expressions. These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict with regard to timing, extent, likelihood and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. Furthermore, TCG undertakes no obligation to update, amend or clarify forward-looking statements, whether as a result of new information, future events or otherwise.

Sources of Information

Certain information contained on the Site was obtained from published and nonpublished sources, including from companies in which funds advised or managed by TCG have invested. Such information may not have been, and in many cases, has not been, independently verified by TCG. TCG does not assume responsibility for the accuracy of such information (or for updating the Site based on facts learned following its publication). The analyses contained in any article posted on the Site represent the applicable author’s opinion on the date of such article’s publication and these assessments were not independently verified.

Restrictions on use of Site

The information, materials and other content of the Site may not be copied, displayed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written consent of TCG. You agree not to: (a) “flood,” “spam,” “mailbomb,” “crash” or overload the Site or otherwise take any action that may result in damage, impairment or overload of the Site’s infrastructure; (b) use any device, software or routine to attempt to interfere with the Site’s functionality or appearance; (c) data mine, data scrape or otherwise attempt to use any software, device, tool or technique (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site to harvest, extract or collect information from the Site; (d) attempt to decompile, disassemble or reverse-engineer the Site’s source code or software; (e) use the Site to violate anyone’s rights or applicable local, state, federal or international law, statute, regulation, code or ordinance, including, without limitation, regulations promulgated by or the rules of any national or other securities exchange or do anything malicious, misleading, defamatory, libelous, abusive, fraudulent, deceptive or discriminatory; (f) assist or encourage violations of these Terms and Conditions or applicable laws or regulations; (g) send unsolicited email, including promotions and/or advertising of products or services; (h) forge any TCP/IP packet header or any part of the header information in any email or posting; (i) violate or attempt to violate the security of the Site (including without limitation, accessing user accounts, servers or data without authorization, probing or testing the vulnerability of the Site’s authentication measures, security or system infrastructure without proper authorization, or otherwise interfere with service to any user, host or network); or (j) otherwise invade the privacy of, obtain the identity of, or obtain any personal information about any user of the Site. The prior written permission of TCG is required for any commercial use of materials on the Site. Tampering with any portion of the Site, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Site, whether or not through the use of agents, are prohibited and constitute a breach of these Terms and Conditions.

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). TCG 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. TCG may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to the Site if it believes that such restriction or termination is necessary to prevent, or prevent the further spread, of a virus, security breach or system malfunction.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You may not access this Site or use the information contained herein for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You warrant that when using this Site, you will not violate or facilitate any violation of any applicable local, state, federal or international law, statute, regulation, code or ordinance, including regulations promulgated by or the rules of any national or other securities exchange. Permission to use this Site will terminate automatically if you breach any provision of these Terms and Conditions.

Intellectual Property

All content included on the Site, such as text, images, graphics, logos, articles and other materials, is the property of TCG or others, as applicable, and is protected by United States and international copyright and other laws. All trademarks and logos displayed on the Site are the property of their respective owners, who may or may not be affiliated with TCG. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any content or trademark displayed on the Site without the express written permission of TCG or such other third party that may own the content or trademark displayed on the Site. Nothing in the Privacy Policy and Terms and Conditions shall constitute a waiver of any trademark or other intellectual property rights concerning name, logo or trademark. You may download or copy content on the Site only to the extent such download is expressly permitted in writing on the Site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Site, any content thereof, or any related software. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other website or in any environment of networked computers is prohibited.

Confidentiality

All information available through any restricted or password-protected area of the Site is confidential and proprietary to TCG. You will keep such information strictly confidential and will not disclose any of this information to any person or use it for any purpose other than as strictly permitted by TCG. Any information or materials sent to this Site will become the property of TCG and will be treated as NOT CONFIDENTIAL. TCG may use such information for any purpose whatsoever.

Third Party Content and Linked Sites

References on this Site to any names, marks, products or services of third parties who may or may not be affiliated with TCG, or hypertext links to third party sites or information or content provided by third parties, are provided solely as a convenience to you and do not in any way constitute or imply TCG’s endorsement, sponsorship, referral or recommendation of the third party, its information, materials or services. TCG is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations or warranties regarding third party materials or services, or the content or accuracy of any material on such third party sites. TCG has not independently verified the content of any such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk. You are advised to review the terms of use and privacy policies of any website that you visit.

Password and Security Notification

Certain areas of the Site may be password-protected. You may not attempt to access any password-protected areas of the Site without authorization. If you have been issued a password for the Site, you agree that TCG has granted you limited access to specific files relevant to you, and you agree not to attempt to access other files. All information that TCG provides to Site users supplying a password is confidential and intended solely for the information of its intended recipient and/or such recipient's financial, legal or tax advisors;, provided that such advisors agree not to disclose any information that is confidential. You are solely responsible for maintaining the confidentiality of your passwords, account information, user names, and/or security questions and answers for the Site, and for logging off any protected areas of the Site when you finish a session. Accordingly, you should protect the confidentiality of your password, and notify TCG immediately if you become aware of its unauthorized use. If you share your password with a third party, you assume all responsibility for all such third party's activity related to the Site.

Blog Posts

The views expressed in any blog post may be the personal views of such author and do not necessarily reflect the views of TCG. Neither TCG nor the author guarantees the accuracy, adequacy or completeness of information provided in any blog post. No representation or warranty, express or implied, is made or given by or on behalf of TCG, the author or any other person as to the accuracy and completeness or fairness of the information contained in any blog post and no responsibility or liability is accepted for any such information. Nothing contained in any blog post constitutes investment, regulatory, legal, compliance or tax or other advice nor is it to be relied on in making an investment decision. Blog posts should not be viewed as a current or past recommendations or solicitations of an offer to buy or sell any securities or to adopt any investment strategy. The blog posts may contain projections or other forward-looking statements, which are based on certain beliefs, assumptions and expectations that may change as a result of many possible events or factors. If a change occurs, actual results may vary materially from those expressed in the forward-looking statements. All forward-looking statements speak only as of the date such statements are made, and neither TCG nor each author assumes any duty to update such statements. To the extent that any documents, presentations or other materials produced, published or otherwise distributed by TCG are referenced in any blog post, such materials should be read with careful attention to any disclaimers provided therein.

Social Media Channels

The content on TCG’s social media channels, including Twitter, Instagram, LinkedIn, YouTube and Facebook provided as information only. It does not constitute an offer to sell any securities or the solicitation of an offer to purchase any securities. TCG does not warrant the accuracy, completeness or usefulness of the information available on its social media channels. TCG does not control and is not responsible for any third party content on such channels or on other third party sites that may be linked to by such channels. Such third party content or sites should not be presumed to reflect the view of TCG or its personnel. TCG is not responsible for the ramifications of your use of such channels or such third party content or sites, or for any third party’s policies or practices regarding security, privacy, use or other matters.

Other Agreements

Nothing contained in these Terms and Conditions is intended to modify or amend any other written agreement you may have with us (“Other Agreements”), if any, which may currently be in effect. In the event of any inconsistency between these Terms and Conditions and any Other Agreements, the Other Agreements will govern.

We cannot and do not assure that other users are or will be complying with these Terms and Conditions, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

DISCLAIMER

ALL INFORMATION AND MATERIALS AVAILABLE ON OR THROUGH THE SITE AND ALL SERVICES OFFERED IN CONNECTION WITH THE SITE ARE PROVIDED AS IS; AS AVAILABLE AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, TCG DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. YOUR USE OF THIS SITE AND USE OR RELIANCE UPON ANY OF THE MATERIALS ON IT IS SOLELY AT YOUR OWN RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Indemnity

By using the Site, you acknowledge and agree: (a) that your use of the Site is at your sole risk; (b) that you assume full responsibility for all costs associated with your use of the Site; (c) to indemnify TCG and its officers, directors, managers, partners, members, shareholders, employees, consultants, advisors and agents (collectively, the “Related Persons”) from and against any and all claims, losses, liability, costs and expenses (including, but not limited, to attorney’s fees), arising from your use of the Site or related services or from your violation of these Terms and Conditions; and (d) that TCG and its Related Persons shall not be liable for any damages, losses or liabilities of any kind related to your use of or inability to use the Site, including without limitation, direct, indirect, incidental, special, punitive, compensatory or consequential damages, lost profits and/or loss of or damage to property whether the alleged liability is based on contract, tort, negligence strict liability, or any other basis, even if TCG has been advised of the possibility of such damages. In no event shall TCG be liable for any damages, losses or liabilities, in connection with your reliance on or use or inability to use the information, materials, products or services on the Site, or in connection with any failure of performance, error, omission, interruption, defect or delay in operation or transmission, computer virus, line or system failure or other computer malfunction even if TCG is advised of the possibility of such damages, losses, or expenses. Neither TCG nor any party involved in creating, producing or delivering the Site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages arising out of access to, use of or inability to use the Site, or any errors or omission in the content thereof. This limitation includes damages to, or for any viruses that infect your computer equipment. TCG reserves the right to alter or remove the content of the Site or suspend or terminate your use in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes.

Linking and Framing

We do not permit others to link to or frame this Site or any portion thereof.

Please note that these Terms and Conditions apply only to this Site and not to other websites that may be accessible from this Site via hyperlink. We are responsible only for the content of our own Site. We encourage you to review the privacy policies and terms and conditions of all other websites that you visit.

International Use

Due to the global nature of the Internet, this Site may be accessed by users in countries other than the United States. We make no warranties that materials on this Site are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this Site, then you should not do so. Those who choose to access this site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.

Governing Law

This Site is maintained and controlled by TCG from its offices in Playa Vista, California. TCG endeavors to operate the Site in conformance with the laws of the United States of America. TCG does not represent that information in the Site is appropriate or available for use in any specific location. Access to it from locations where its contents are illegal is prohibited.

These Terms and Conditions and any claim relating to the Site will be governed by the laws of the State of California, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, the State of California, United States of America, in all questions and controversies arising out of your use of this Site and these Terms and Conditions.

The failure of TCG to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and will not limit TCG’s rights with respect to such breach or any subsequent breaches. You agree that if any dispute should arise between you and TCG, you will bring your claim on an individual basis and waive your right to pursue any claim in a class action.

Injunctive Relief

You acknowledge that a violation or attempted violation of any of these Terms and Conditions will cause such damage to TCG as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that TCG will be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by TCG in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security will be required in connection with such injunction.

Arbitration

By using the Site, you agree that TCG, in its sole discretion, may require you to submit any disputes arising from the use of the Site, related services or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of California, without giving effect to its conflict of laws principles.

Severability

These Terms and Conditions will be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision will nonetheless be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.

Contact Information

If you have any questions or concerns about this Site and/or the Privacy Policy and Terms and Conditions set forth herein, please email the Corporate Legal Department at corporate.legal@tcg.co or call us toll-free at 1-833-713-0611.