- Acceptance of These Terms of Use
These Terms of Use (these “Terms”) are a binding agreement between you and Asto Consumer Partners LP, a Delaware limited partnership (“Astō,” “we,” “us,” or “our”), and govern your access to and use of astoconsumer.com (the “Site”) and the investor portal accessible through the Site (the “Portal”). By accessing or using the Site, you accept and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not access or use the Site.
- No Offer or Solicitation
The Site and its contents are provided for general informational purposes only. Nothing on the Site constitutes, or is intended to constitute, an offer to sell, or a solicitation of an offer to buy, any security or investment product, including any interest in any private fund or other investment vehicle managed or advised by Astō, including Asto Consumer Partners Fund LP (each, a “Fund”), in any jurisdiction. Any offer or solicitation with respect to a Fund will be made only to eligible investors by means of a confidential private placement memorandum and related subscription documents (collectively, the “Fund Documents”), and only in jurisdictions where such an offer or solicitation is permitted by law.
Interests in the Funds have not been, and will not be, registered under the Securities Act of 1933, as amended, or the securities laws of any state or other jurisdiction, and are offered and sold in reliance on exemptions from registration, including Rule 506(b) of Regulation D, without any form of general solicitation or general advertising. Each Fund is excluded from the definition of an investment company under Section 3(c)(1) or Section 3(c)(7) of the Investment Company Act of 1940, as amended, as applicable to that Fund. Interests in the Funds are available only to persons who are “accredited investors” within the meaning of Regulation D and who satisfy any additional eligibility requirements applicable to the relevant Fund, including, in the case of a Fund relying on Section 3(c)(7), status as a “qualified purchaser” or “knowledgeable employee” within the meaning of the Investment Company Act. Nothing on the public portions of the Site should be construed as an offer of any Fund, and information concerning any Fund is made available only through the Portal to persons who satisfy applicable eligibility requirements.
- No Investment, Legal, or Tax Advice; No Client Relationship
Nothing on the Site constitutes investment, legal, accounting, or tax advice, or a recommendation to purchase, sell, or hold any security or to pursue any investment strategy. Your use of the Site does not create an investment advisory relationship, client relationship, or fiduciary relationship between you and Astō. Astō Consumer Partners LP is a relying adviser of Christopher & Co., LLC, an investment adviser registered with the U.S. Securities and Exchange Commission. Registration does not imply a certain level of skill or training.
- Accuracy of Information; Forward-Looking Statements
Information on the Site is provided as of the date indicated or, if no date is indicated, as of the date posted, and Astō undertakes no obligation to update it. Certain statements on the Site may constitute forward-looking statements, which are subject to risks and uncertainties, are not guarantees of future performance, and should not be relied upon as such. Actual results may differ materially. References to portfolio companies or other investments on the Site do not represent all investments made by the Funds or by Astō personnel in prior roles, and it should not be assumed that any investment identified was or will be profitable. Past performance is not indicative of future results.
- Portal Access; Registration and Security
Access to the Portal is limited to investors in the Funds and other persons expressly authorized by Astō. The Portal is hosted by FIS, a third-party service provider, on FIS’s systems, and your use of the Portal may also be subject to terms and privacy practices presented by FIS at log-in, which supplement (and do not supersede) these Terms as between you and Astō. You are responsible for maintaining the confidentiality of your Portal credentials and for all activity occurring under them, and you agree to notify us immediately at ir@astoconsumer.com of any unauthorized access to or use of your credentials. You may not share your credentials or permit any other person to access the Portal using them. We may suspend or terminate Portal access at any time, with or without notice, including where we believe credentials have been compromised or these Terms have been violated.
Information available through the Portal, including information concerning any Fund and its portfolio companies, is confidential, is subject to the confidentiality obligations set forth in the applicable Fund Documents, and may not be reproduced or distributed except as those documents permit.
- Electronic Communications
By using the Site and providing your email address, including by subscribing to our newsletter, you consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may unsubscribe from the newsletter at any time. Consent to electronic delivery of Fund reports, capital account statements, tax documents, and other investor communications is governed by the applicable Fund Documents.
- Unsolicited Submissions
If you submit a business plan, pitch, investment opportunity, idea, or other material to Astō through the Site or by email, you do so at your own risk. Unless and until you enter into a written agreement with Astō expressly providing otherwise, no submission will be treated as confidential or proprietary, no confidential, fiduciary, or other relationship is created by the submission, and Astō will have no obligation with respect to the submission and will be free to use, disclose, or disregard it, in whole or in part, for any purpose in its sole discretion. Astō and its personnel review numerous opportunities, and materials similar or identical to your submission may already be known to, under consideration by, or developed independently by Astō or companies in which the Funds have invested.
- Intellectual Property; Limited License
The Site and all of its contents, including text, graphics, logos, images, video, and software, are owned by Astō or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial informational use. You may not otherwise reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any Site content without our prior written consent.
- Trademarks
“Astō,” “Astō Consumer Partners,” the Astō logo, and all related names, logos, and slogans are trademarks of Astō or its affiliates and may not be used without prior written permission. Names and logos of portfolio companies and other third parties appearing on the Site are the property of their respective owners, and their appearance does not imply any affiliation with, or endorsement of or by, Astō beyond the relationship described.
- Prohibited Uses
You agree not to: use the Site in violation of any applicable law or regulation; access or attempt to access any non-public portion of the Site, or any Portal account other than your own; use any robot, spider, scraper, or other automated means to access or extract data from the Site; introduce any virus, malware, or other harmful code; interfere with the proper working of the Site or impose an unreasonable load on its infrastructure; impersonate any person or misrepresent your affiliation with any person; frame or mirror any portion of the Site; or circumvent any access or security control of the Site or the Portal.
- Third-Party Websites and Content
The Site contains links to third-party websites, including websites of portfolio companies, press outlets, LinkedIn, and the FIS-hosted Portal log-in page. Such links are provided for convenience only. We do not control, endorse, or assume responsibility for the content, products, services, or privacy practices of any third-party website, and your use of them is at your own risk and subject to their terms. Press articles and other third-party content referenced on the Site were prepared by third parties; Astō has not verified and does not adopt them.
- Linking to the Site
You may link to the Site’s homepage, provided you do so in a way that is fair and lawful, does not suggest any affiliation with or endorsement by Astō, and does not frame the Site or present it as your own content. We may withdraw linking permission at any time.
- Geographic Restrictions
The Site is operated from the United States and is intended for persons located in the United States. We make no representation that the Site or its content is appropriate or available for use in any other jurisdiction, and access from jurisdictions where the content is illegal or restricted is prohibited.
- Online Fraud Warning
astoconsumer.com is Astō’s only website, and the FIS-hosted Portal is its only investor portal. Astō does not offer investment products or services to the general public, does not promote securities or investment opportunities through social media, messaging applications, or chat groups, and will never request money, bank account details, or personal identifying information through unsolicited calls, texts, or emails. Any website, application, group, or individual purporting to offer investments on behalf of Astō other than through the channels described above is not authorized by or affiliated with Astō. If you receive a suspicious communication purporting to come from Astō, contact us at info@astoconsumer.com before responding or transmitting any funds or information.
- Disclaimer of Warranties
THE SITE AND ALL CONTENT AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. ASTŌ DOES NOT WARRANT THAT THE SITE OR ANY CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO CERTAIN OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ASTŌ, ITS AFFILIATES, OR THEIR RESPECTIVE MEMBERS, PARTNERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, WHETHER BASED ON CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF ASTŌ, ITS AFFILIATES, AND THEIR RESPECTIVE MEMBERS, PARTNERS, OFFICERS, EMPLOYEES, AND AGENTS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). NOTHING IN THESE TERMS LIMITS OR WAIVES ANY LIABILITY THAT MAY NOT BE LIMITED OR WAIVED UNDER APPLICABLE LAW, INCLUDING LIABILITY ARISING UNDER THE FEDERAL SECURITIES LAWS, OR ANY RIGHT OR OBLIGATION UNDER ANY FUND DOCUMENT, WHICH IS GOVERNED EXCLUSIVELY BY THAT DOCUMENT.
- Indemnification
You agree to indemnify, defend, and hold harmless Astō, its affiliates, and their respective members, partners, officers, employees, and agents from and against any claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your misuse of the Site or the Portal.
- Governing Law; Jurisdiction and Venue; Jury Waiver
These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Any legal action arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of such courts and waive any objection to venue in such courts. EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE.
- Time Limitation on Claims
Any claim arising out of or relating to these Terms or the Site must be commenced within two (2) years after the claim accrues, or it is permanently barred, except where a longer period is required by applicable law and cannot be shortened by agreement.
- Waiver; Severability
No waiver by Astō of any term of these Terms is a further or continuing waiver of that term or any other term, and any failure to assert a right under these Terms does not waive that right. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
- Entire Agreement
These Terms and the Privacy Policy constitute the entire agreement between you and Astō with respect to the Site and supersede all prior and contemporaneous understandings with respect to the Site. For the avoidance of doubt, these Terms do not amend, supplement, or supersede any Fund Document or any other written agreement between you and Astō or any Fund, and in the event of any conflict between these Terms and a Fund Document, the Fund Document controls.
- Changes to These Terms
We may revise these Terms at any time by posting the revised Terms on the Site with an updated “Last Updated” date. Revisions are effective upon posting, and your continued use of the Site after posting constitutes acceptance of the revised Terms.
- Contact
Questions about these Terms may be directed to info@astoconsumer.com or Astō Consumer Partners, Attn: Chief Compliance Officer, 600 W. 5th Street, Suite 1200, Austin, TX 78701.