Assets Under Management
Assets under management (“AUM”) statistic is as of December 31, 2015, Aspen Capital Fund calculates the firm’s AUM as of any date as the sum of: (i) the fair value of the investments of Aspen Capital Fund’s growth equity and venture capital investment funds plus uncalled capital commitments from these funds; (ii) the fair value of investments in Aspen Capital Fund’s co-investment vehicles; (iii) with respect to the firm’s hedge fund, the net asset value of such fund; and (iv) the fair value of other assets managed by Aspen Capital Fund. Aspen Capital Fund’s definition of AUM is not based on any definition of AUM that may be set forth in the agreements governing Aspen Capital Fund’s funds or vehicles or calculated pursuant to any regulatory definitions.
Aspen Capital Fund Senior Advisors are consultants engaged by Aspen Capital Fund and are not Aspen Capital Fund employees.
Aspen Capital Fund investments shown may not be current, and do not include companies whose identities as Aspen Capital Fund investments Aspen Capital Fund is not permitted to disclose.
Aspen Capital Fund provides this Website for your informational purposes only.
Subject to these Terms, Aspen Capital Fund grants you a non-exclusive, non-transferable, limited right to display this Website and download the material displayed on this Website (the “Materials”) solely to view general information regarding Aspen Capital Fund’s businesses and, if you are a limited partner (or equivalent) in any of Aspen Capital Fund’s investment funds, to access certain information regarding your interest in any such funds.
You agree to treat the information you obtain from the Website that requires a password or similar identification procedure as confidential. You agree not to reproduce, modify, make collections or compilations of, distribute, or publicly display the Website or the Materials. You must not transfer the Materials to any other person or entity. You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials. You agree to abide by all additional restrictions displayed on the Website from time to time. Any unauthorized use of the Website or the Materials, misuse of passwords and/or any other information listed on the Website is prohibited. Except as expressly provided herein, Aspen Capital Fund does not grant you any express or implied license or permission under any patents, trademarks, copyrights or trade secret information.
You agree to access the Materials and this Website manually, by request, and not automatically, through the use of a “bot” or similar program, or by other means. You agree not to take any action, alone or with others, that would interfere with the operation of this Website, to alter this Website in any way, or to impede others’ access to and freedom to enjoy and use this Website as made available by Aspen Capital Fund.
Aspen Capital Fund generally does not provide research or analyst reports or solicit or carry accounts for, or offer or sell securities products to, individual retail customers.
The information and services provided on this Website are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or where Aspen Capital Fund is not authorized to provide such information or services.
Ownership and Trademarks
“Aspen Capital Fund” is the trade name for ACF Ventures LLC and its affiliates. All content included on this Website, such as graphics, logos, articles and other materials, is the property of Aspen Capital Fund or others and is protected by copyright and other laws. All trademarks and logos displayed on this Website are the property of their respective owners, who may or may not be affiliated Aspen Capital Fund. Nothing on this Website shall be interpreted as granting any license or right to use any image, trade name, trademark, logo or service mark on the Website. Copying or downloading material from this Website does not transfer title to any material on this Website to you. You are prohibited from using any of Aspen Capital Fund’s marks for any commercial and/or infringing purpose, including but not limited to use as metatags on other pages or sites on the World Wide Web, without the written permission of Aspen Capital Fund or such third party, which may own the marks. Anything transmitted to this Website by you becomes Aspen Capital Fund’s property and may be used by Aspen Capital Fund for any lawful purpose. Aspen Capital Fund reserves all rights with respect to copyright and trademark ownership of all Materials on this Website, and will enforce such rights to the full extent of the law.
All right, title and interest in this Website and any content contained herein is the exclusive property of Aspen Capital Fund, except as otherwise stated. Unless otherwise specified, this Website is for your personal and non-commercial use only and you may print, copy and download any information or portion of this Website for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Website, except for the purposes expressly provided herein, without Aspen Capital Fund’s prior written approval. If you copy or download any information or software from this Website, you agree that you will not remove or obscure any copyright, trademark or other notices or legends contained in any such information.
Disclaimer of Warranties
The information, products and services on this Website are provided on an “as is” basis. Aspen Capital Fund does not warrant the information or services provided herein or your use of this Website generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Aspen Capital Fund will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Website. Although the information provided to you on this Website is obtained or compiled from sources we believe to be reliable, Aspen Capital Fund cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Aspen Capital Fund disclaims any duty to update this Website.
None of Aspen Capital Fund or any of its directors, officers, partners, members, employees, agents, affiliates, subsidiaries or third party vendors (collectively, the “Released Parties”) will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Website, or resulting from the act or omission of any other party involved in making this Website, the data contained herein or the products or services offered on this Website available to you, or from any other cause relating to your access to, inability to access, or use of the Website or the Materials, whether or not the circumstances giving rise to such cause may have been within the control of the Released Parties. In no event will the Released Parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if the Released Parties have been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.
Aspen Capital Fund cannot and does not guarantee continuous, uninterrupted or secure access to the Website.
LIMITATIONS OF DAMAGES
NONE OF THE RELEASED PARTIES ARE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL LOSS, LIABILITY, COST, CLAIM, EXPENSE OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), THAT ARE RELATED TO THE ACCURACY, INACCURACY, USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, OF THIS WEBSITE OR ANY LINKED WEBSITE, EVEN IF ASPEN CAPITAL FUND IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No Offers or Reliance
No material on this Website shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of Aspen Capital Fund or any other issuer. Offers can only be made where lawful under, and in compliance with, applicable law.
Aspen Capital Fund makes no representations that transactions, products or services discussed on this Website are available or appropriate for sale or use in all jurisdictions or by all investors. Those who access this Website do so at their own initiative and are responsible for compliance with local laws or regulations.
While Aspen Capital Fund uses reasonable efforts to obtain information from reliable sources, Aspen Capital Fund makes no representations or warranties as to the accuracy, reliability or completeness of any information or document at this Website obtained outside of Aspen Capital Fund. Opinions and any other contents at this Website are subject to change without notice.
Aspen Capital Fund is not utilizing this Website to provide investment or other advice, and no information or material at this Website is to be deemed a recommendation to buy or sell any securities or is to be relied upon for the purpose of making or communicating investment or other decisions. Any transactions listed on this Website are included as representative transactions and are not necessarily reflective of overall performance. Nothing contained on this Website constitutes financial, legal, tax or other advice.
Forward Looking Statements
PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS. Certain information contained herein may be based upon forward-looking statements. Forward-looking statements are inherently uncertain and factors affecting the markets in general or industries or issuers in particular may cause events or results to vary from those described herein. Accordingly, you should not rely on or draw conclusions from forward looking statements.
External Links to This Website
Aspen Capital Fund shall have no liability for third party content or websites linking to or framing this Website. All links to this Website must be approved in writing by Aspen Capital Fund. Aspen Capital Fund reserves the right to revoke any such consent to link at any time.
Information Provided By You
Do not send any confidential or proprietary information to Aspen Capital Fund via the Website. No information or materials that you provide to Aspen Capital Fund via this Website will be considered or treated as confidential or proprietary. By providing any such information or materials to Aspen Capital Fund, you grant to Aspen Capital Fund an unrestricted, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publicly display, publicly perform, transmit and distribute such information and materials, and you further agree that Aspen Capital Fund is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Aspen Capital Fund. You agree not to use the Website to distribute, email or post any advertising, promotion or solicitation without Aspen Capital Fund’s prior approval. You agree not to use the Website to upload, display or distribute any materials that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporate the copyrighted, confidential or proprietary material of any other person or entity.
Aspen Capital Fund reserves the right, at its sole discretion, to grant or revoke authority to use this Website or to change, add, suspend or remove the information, products or services described in the Website or the Materials at any time without prior notice to you and without any liability to you.
Aspen Capital Fund may also impose limits on certain features and services or restrict your access to parts or all of this Website without notice or liability. Aspen Capital Fund may terminate the authorization, rights and license given above and, upon such termination, you shall immediately cease using and destroy all Materials.
International Users and Choice of Law
This Website is not intended for use by any person or entity that is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to applicable law or regulation or which would subject Aspen Capital Fund or its affiliates to any registration requirement within such jurisdiction.
Aspen Capital Fund makes no representation that the information available on this Website is appropriate or available for use in any jurisdiction. Prior to accessing the Website, users are required to ensure themselves whether the information available on this Website can be accessed and utilized in their respective jurisdictions and observe any relevant restrictions thereto. The user shall be solely responsible for compliance with all applicable laws and shall satisfy that they are not subject to any regulatory requirements which restrict or prohibit them from accessing or using the Website.
The services and facilities have not been registered under any securities law of any foreign jurisdiction and are only for the information of any person in any jurisdiction where it may be lawful to offer such services and facilities. Aspen Capital Fund will not undertake any requisite registration within any prohibited jurisdiction.
This Website is governed by the laws of the State of Colorado, without giving effect to its conflict of law’s provisions. You agree that the state and federal courts of Denver, Colorado shall have exclusive jurisdiction over any and all disputes arising from your use of the Website and/or the Materials.
This page constitutes the entire agreement between Aspen Capital Fund and you with respect to your use of this Website. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this page or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the provision, and the remainder of this page shall continue in full force and effect.
Aspen Capital Fund is committed to providing the highest quality services to its clients. To achieve this, anyone working for or on behalf of Aspen Capital Fund(including staff members, vendors, agents, suppliers or service providers) is expected to maintain the highest ethical standards, to conduct themselves with integrity and in a manner that excludes consideration of personal advantage and the interests of other clients. Aspen Capital Fund does not tolerate bribery or corruption in any form.
USA PATRIOT Act Notice to Clients
The USA Patriot Act and other applicable rules and regulations require us to obtain, verify, and record information to identify each entity or individual that enters into a business relationship with us. We may ask for your address, identification number, corporate documents or other identifying information to help us verify your identity. We may use a third-party source to confirm the information you provide us.
In the ordinary course of business, Aspen Capital Fund collects, uses, and shares personal information pertaining to its partners, employees, clients, and others. Obtaining this information is important to our ability to conduct our operations and to deliver the highest level of service, but we also recognize that you expect us to treat this information appropriately.
How We Collect Information About You
When you visit our Website, our web servers collect the details of your operating system, browser version, domain name and IP address and the details of the website you linked from to the Website. Our web servers may seek to place a “cookie” (a small data file) on your computer’s hard drive, which allows the server to recognize your computer when you visit again. If you prefer not to accept cookies, you can set your browser to reject them or to alert you before one is placed.
There are parts of this Website where we may need to collect personal information from you for a specific purpose, such as to provide you with certain information you request. If you voluntarily submit information to our Website (for example, in a request for general information or through the submission of a business proposal), we may record and use any personally identifiable information, such as your name, phone number, fax number and e-mail address, for reasonable business purposes including, but not limited to, fulfilling your request and marketing and business communications and you expressly agree with the collection, use, storage and handling of your personal data as set out in these terms. If you do not provide all the information we need, we may not be able to give you the information you request.
Please also note we have certain responsibilities to verify the identity of clients and may need to make certain inquiries and obtain certain information from you for that purpose. You confirm that all information you supply will be accurate and that we may disclose such information as we consider necessary to comply with any reporting or legal and regulatory requirements.
Uses of Collected Information
The principal purposes for which we process and store your personal information are, or may in the future be:
to monitor, improve and administer the Website and the services provided on the Website;
to enable us to conduct surveys and aggregate user profiles;
to provide you with information on selected products and selected services that we think may be of interest to you (unless you have asked us not to do so); and
to enable us to comply with our legal and regulatory obligations.
Disclosures of Your Personal Information Within Aspen Capital Fund
In order to provide efficient and reliable services and to improve service options available to you, we may share your personal information with our subsidiaries or affiliates. For this purpose, we may transfer the information you provide outside your country to another country that does not have similar data protection legislation and may provide a lower level of protection for your information. By submitting any information, you consent to these transfers. We have taken certain measures outlined below to try to ensure the security of your information.
Disclosures of Your Personal Information to Third Parties
We may share your personal information with other companies we have hired to provide services for us. These companies – our vendors – are required to maintain the confidentiality of such information to the extent they receive it and to use your personal information only in the course of providing such services and only for the purposes that Aspen Capital Fund has hired them.
We may also release information about you if you direct us to do so, or if we are required or authorized by law to make disclosures to the government or private parties in connection with a lawsuit, subpoena, investigation or similar proceeding, or to protect against fraud and to otherwise cooperate with law enforcement or regulatory authorities.
Where you have provided personal information to us, you expressly consent to the sharing of such personal information with third parties for the purposes set out in this section.
Security of Collected Information
We use all reasonable efforts to maintain physical, electronic, and administrative safeguards to protect your personal information from unauthorized or inappropriate access, but we note that the Internet is not a secure medium. We restrict access to information about you to those Aspen Capital Fund personnel who need to know the information to respond to your inquiry or request.
Although Aspen Capital Fund endeavors to take steps to provide a secure environment for users accessing the Website, due to the nature of the Internet, Aspen Capital Fund cannot guarantee confidentiality or security of any personal and other information being provided. Aspen Capital Fund makes no warranty whatsoever to you, express or implied, regarding the security of the Website, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Internet.
Aspen Capital Fund welcomes your e-mail correspondence. However, it is possible that information transmitted to Aspen Capital Fund may be read or obtained by other parties. Messages sent over the Internet cannot be guaranteed to be completely secure or error-free as they are subject to possible interception, corruption, delay, loss or possible alteration. Aspen Capital Fund is not responsible for them and will not be liable to you or anyone else for any damages or otherwise in connection with any messages sent by you to Aspen Capital Fund or any message sent by Aspen Capital Fund to you over the Internet. If you send e-mail (encrypted or not) to Aspen Capital Fund over the Internet, you are accepting the associated risks, including lack of confidentiality.
Further, despite all possible security measures that Aspen Capital Fund may take to keep this Website free from hacking and other interference, this Website like any other website is not free from such risks. Aspen Capital Fund disclaims all liability on account of any loss or damage that any user may suffer or incur on account of any alteration or manipulation of any data or information accessed or downloaded from this Website.
While Aspen Capital Fund endeavors to take every reasonable precaution to ensure accuracy, security and confidentiality of information available through / on the Website, Aspen Capital Fund cannot be held responsible for any consequence of any action(s) carried out by any authorized or unauthorized user.
Access to Collected Information
You have certain rights under applicable laws to access your personal information held by us. You can contact us as described below to request a review or update of that information.
Business Continuity Disclosure
Aspen Capital Fund has developed and implemented a Business Continuity Plan (BCP) designed to address and mitigate the potential consequences of a significant business disruption with a goal of recovering the key aspects of our business within twenty-four hours or less. Our BCP also is designed to safeguard employees and protect our books and records.
We further believe that we have implemented reasonable and prudent measures to overcome or at least mitigate the consequences of an event that would otherwise interfere with the normal course of our business. However, because it is not possible to anticipate the nature, scope, impact and consequence of every possible business disruption, Aspen Capital Fund does not represent or guaranty that it will be able to continue or resume business operations within any specified period of time under all circumstances.
Our BCP is subject to periodic modification. A copy of the summary of our BCP is available upon request and as appropriate by writing ACF Ventures LLC, 3773 Cherry Creek Drive North 575, Denver, Colorado 80209, Attn: Compliance Department or by sending a request by email to md@AspenCapitalFund.com.