TERMS OF USE

These Terms of Use (“Terms of Use”) constitute a legally binding agreement between Cogenuity Partners, LLC and its affiliates (together, “Cogenuity,” “our,” “us,” “we” or “company”) and you, the user of https://cogenuity.com and its component pages, and any other website, product or service made available by us that links to these Terms of Use (collectively, the “Site”). By accessing the Site, you acknowledge that you have read and agree to these Terms of Use. These Terms of Use govern your use of the Site. Please read these Terms of Use carefully. If you do not agree with any of the terms and conditions contained herein, please do not access the Site. However, these Terms of Use will apply to any access and use of the Site that you make prior to exiting them.

Cogenuity reserves the right to amend these Terms of Use in its sole discretion. Cogenuity will post any changes to these Terms of Use on the Site, and changes are effective immediately upon posting. Your continued use of the Site after any such changes constitutes your acceptance of the new terms and conditions. You should consult the “Terms of Use” bar on the Site each time you visit the Site.

The Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Cogenuity. If you do not meet all of these requirements, you must not access or use the Site.

Purpose of the Site; Not Investment Advice; No Recommendations

The information presented on or through the Site is made available solely for informational purposes in relation to Cogenuity and its investing capabilities for prospective portfolio companies. Cogenuity does not warrant the accuracy, completeness or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. Cogenuity disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

The Site is not intended to provide legal, business, tax, accounting, investment or other advice. You agree not to construe any of the Content (as defined below) provided in connection with the Site as legal, business, tax, accounting, investment, financial or other advice. You agree that the Content provided in connection with the Site does not, and shall not be deemed to, constitute an offer to sell, or a solicitation to any person to buy, any security or similar investment. You understand that none of the Content constitutes a recommendation that you or any other person purchase, sell or hold any security, company, investment product or similar investment, or that you should pursue any investment strategy, and the Content is not to be relied upon for the purpose of making investment or other decisions. In addition, you understand and agree that all Content provided in connection with the Site is published without consideration of your individual circumstances, financial or otherwise. Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including the evaluation of any investment or other risks, with respect to any of the Content provided in connection with the Site. You agree to consult your own professional advisors as to any legal, business, tax, accounting, investment, financial or other advice regarding any Content provided in connection with the Site.

Certain statements about Cogenuity made by portfolio company executives herein are intended to illustrate Cogenuity’s business relationship with such persons, including with respect to Cogenuity’s facilities as a business partner, rather than Cogenuity’s capabilities or expertise with respect to investment advisory services. Portfolio company executives were not compensated in connection with their participation, although they generally receive compensation and investment opportunities in connection with their portfolio company roles, and in certain cases are also owners of portfolio company securities and/or investors in Cogenuity-sponsored vehicles.

Regulatory Disclosures

Cogenuity does not solicit or make its services available to the public. The Content provided on or through the Site may include information regarding past and/or present portfolio companies or investments managed by Cogenuity, its affiliates and/or its personnel. It should not be assumed that investments made in the future will be comparable in quality or performance to the investments described herein. Further, references to past and present portfolio companies should not be construed as a recommendation of any particular investment or security. Current and previous portfolio companies listed on the Site are not to be considered a complete list of all investments historically made by Cogenuity. The portfolio companies listed should not be assumed to have been profitable. Any past performance information on the Site is not necessarily indicative, or a guarantee, of future results.

Certain information contained on the Site constitutes “forward-looking statements.” All forward-looking statements represent only the intent and belief of Cogenuity as of the date such statements were made. None of Cogenuity or any of its affiliates (i) assumes any responsibility for the accuracy and completeness of any forward-looking statements or (ii) undertakes any obligation to disseminate any updates or revisions to any forward-looking statement contained on the Site to reflect any change in their expectation with regard thereto or any change in events, conditions or circumstances on which any such statement is based. Due to various risks and uncertainties, actual events or results may differ materially from those reflected or contemplated in such forward-looking statements.

Cogenuity is exempt from registration with the U.S. Securities and Exchange Commission as an investment adviser.

Privacy Policies

In addition to these Terms of Use, your use of and access to the Site is also subject to our Website Privacy Policy (the “Privacy Policy”), our California Privacy Policy (the “California Privacy Policy”) and our EU & UK Website Privacy Notice (the “EU & UK Privacy Notice”), which are incorporated by reference herein, as applicable. Our Privacy Policy and our EU & UK Privacy Notice contain additional terms relating to our potential collection, use and disclosure of your personal information, as applicable. You agree that you have read, agreed to and understand our Privacy Policy and our EU & UK Privacy Notice, as applicable.

User Access Rights

If you choose, or are provided with, a username, password or any other piece of information, or are otherwise granted any access right through the Site, as part of Cogenuity’s security procedures, you must treat such information or right as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Site access rights are personal to you and agree not to provide any other person with access to the Site or portions of it using your username, password or other security information. You agree to notify Cogenuity immediately of any unauthorized access to or use of the Site, your username or your password or any other breach of security. You also agree to ensure that you exit from the Site at the end of each session. You should use particular caution when accessing the Site from a public or shared computer so that others are not able to view or record your password or other personal information.

Cogenuity has the right to disable any user at any time in Cogenuity’s sole discretion for any or no reason, including if, in Cogenuity’s opinion, such user has violated any provision of these Terms of Use.

Ownership

The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks”) found on the Site and any and all information and content available through the Site (e.g., strategies, policies, business plans, research, concepts and other information (collectively, the “Content”)) are proprietary to Cogenuity or its licensors and are protected by intellectual property rights and unfair competition and other laws. You may not use any Mark or Content without the express written permission of the owner (whether Cogenuity or otherwise), and nothing contained in these Terms of Use or anywhere on the Site shall be construed as granting any license or right to use any Mark or Content.

Third-Party Links

From time to time, Cogenuity may provide links from the Site to websites operated by third parties. Cogenuity’s decision to do so is in no way an endorsement of these sites. Cogenuity does not monitor, edit or control such third-party sites and is not responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to follow links to such websites is at your sole risk. When you click on a link to another website you will be leaving the Site. If you have any questions regarding a linked site, please direct them to the administrator of the relevant site. Cogenuity reserves the right to terminate any link at any time.

Disclaimer of Warranties

THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, ARE PROVIDED WITHOUT WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY COGENUITY, EITHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. COGENUITY FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.

Limitation of Liability
COGENUITY DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE OR THE CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, COGENUITY IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE SITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THE SITE, OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.

UNDER NO CIRCUMSTANCES WILL COGENUITY BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity

You agree that you will be solely responsible for, and that you will defend, indemnify and hold Cogenuity, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use or otherwise resulting from your use of the Site. Cogenuity reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Cogenuity for all liabilities, losses or damages. You agree to provide Cogenuity with whatever cooperation it reasonably requests.

Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, UNLESS OTHERWISE REQUIRED BY LAW.

Miscellaneous

You may not assign or otherwise transfer these Terms of Use or your rights or obligations under it without Cogenuity’s prior written consent, and any attempted assignment or other transfer in violation of this provision shall be null and void. Cogenuity may assign these Terms of Use or any rights under these Terms of Use without your consent and without notice. Nothing in these Terms of Use may be used to construe you and Cogenuity as joint venturers, co-employers, partners or agents of each other, and neither you nor Cogenuity has the power to obligate or bind the other in any way whatsoever. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect. The failure of Cogenuity at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law rules. Any legal proceeding arising out of or relating to these Terms of Use against or relating to Cogenuity or any indemnified party under these Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in San Francisco, California and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

Headings and captions throughout these Terms of Use are for convenience only and should not be considered part of these Terms of Use. The word “including” means “including without limitation.”

If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact Cogenuity, at info@cogenuity.com.

Sarah Sheeder

Executive Assistant & Deal Coordinator

Education
Louisiana State University, BA, Geography

Responsible for
Ensuring the seamless operation of all activities, personnel, and deal coordination.

Prior Organizations
i80 Group, AIMPERA Capital Partners, Vertex Ventures HC, FEMA

Personal Interests
Outside of work, Sarah can usually be found exploring the redwoods or strolling along Ocean Beach with her dog, Fred—who has strong opinions against frisbees but will happily chase the occasional stick. A proud LSU Tiger fan, Sarah never misses a chance to cheer on her alma mater. She’s especially passionate about Women’s Gymnastics (the Uneven Bars and Vault are her personal favorites) and Football—strictly in that order.

Fun Fact
Growing up in New Orleans, Sarah played the clarinet in her high school band and marched in over two dozen Mardi Gras parades.

Graham Banks

Director, Business Development

Education
Westminster University, BS, Business Management
University of San Diego, Knauss School of Business, MBA, Finance

Responsible for
Sourcing new investment opportunities and cultivating intermediary relationships

Prior Organizations
Head, Silicon Valley Bank, Tide Rock

Personal Interests
Graham has reconnected with snowboarding now that it’s just for fun again, but also spends his free time surfing, fishing, spearfishing and boxing.

Fun Fact
In Graham’s previous career he was a professional snowboarder – and while many of his friends went on to win Olympic and XGames gold medals, he was able to walk (limp) away with the record for the most blown knees. 6 ACLs – and that’s just the left! 

Andrea Frey

Executive Assistant

Education
University of Amsterdam, BA, Organizational Sociology and Human Resources

Responsible For
Ensuring the seamless operations of all activities and personnel in the SF Office.

Prior Organizations
Event Producer / Project Manager for the Hakkasan Group and Angel Music Group

Fun Fact
Andrea created the reveal for the flashy overhead lighting vizualization at the Hakkasan Nightclub in Las Vegas’ MGM Grand Hotel when it debuted with Tiesto.  Not to worry though we’ve now got her as excited about critical products and services businesses as she once was about nightclubs.

Spencer Mueller

Associate

Education
University of Washington’s Foster School of Business, Bachelor of Business Administration

Responsible for
As a member of the investment team, Spencer supports the evaluation and execution of acquisitions from inception to exit.

Prior Organizations
Cascadia Capital

Fun Fact
When he’s not working, Spencer enjoys devouring sushi, pretending his golf game is getting better, and purportedly skiing which you might guess by the picture he provided which he claims is actually him and not literally any other person on a mountain.

Richard Cao

Senior Associate

Education
Indiana University, Kelley School of Business, B.S.B. Finance and Accounting

Responsible for
Evaluating, executing and supporting platform and add-on investments from acquisition to exit.

Prior Organizations
Industrial Growth Partners, HSBC Securities

Personal Interests
An avid learner, outside of work you will find Richard playing guitar covers at small gatherings, shooting travel photography, taking calculated risks at the poker table, or searching for the next travel destination.

Brian Rappl *

Principal, Portfolio Operations

Education
University of Minnesota, Bachelors Mechanical Engineering, MBA

Responsible for
Collaborating with management teams on revenue and profitability growth initiatives.

Prior Organizations
Arcline Investment Management, Boston Consulting Group, Ingersoll Rand

Fun Fact
In 7th grade Brian was the runner up in his middle school spelling bee after using a K instead of a C in Bicuspid.  The winner got to advance to a regional competition for spelling Banana correctly and all these years later that still just doesn’t seem fair.

*Operating Partners are either employees or independent contractors that provide services to Cogenuity and portfolio companies of Cogenuity.

Sam Adler

Managing Director

Education
University of Wisconsin-Madison, BBA (Finance & Accounting)

Responsible for
Sourcing, underwriting, and monitoring prospective and current portfolio companies.

Prior organizations
Industrial Growth Partners, Robert W. Baird

Fun Fact
If you’re reading this then Sam is definitely taller than you which makes his dreadful fear of heights terribly ironic.  His passions include skiing, hiking, and conquering his fears to take pictures with his fiancé on top of really tall things.

Kathryn Seni *

Operating Partner

Education
Wake Forest University, BA in Psychology, MAEd in Counseling

Responsible for
Overseeing human capital across the Cogenuity ecosystem and driving talent value creation initiatives in the portfolio.

Prior Organizations
Consulting with multiple PE firms; Vista Equity Partners; Keystone Partners; Fidelity Investments/J. Robert Scott

Fun Fact
In addition to being an active aunt, godmother, and dog-mom, Kathryn is a Licensed Clinical Mental Health Counselor with extensive training in energy and consciousness. After all, quantum transformation is the ultimate value creator and growth accelerator.

*Operating Partners are either employees or independent contractors that provide services to Cogenuity and portfolio companies of Cogenuity.

Brett Johnson

Managing Partner & CFO

Education
Northwestern University, BA, Economics

University of Chicago Booth School of Business, MBA

Responsible for
Finance, investor relations, legal and compliance, as well as firm operations

Prior Organizations
Industrial Growth Partners, Pantheon Ventures, University of California Regents, and One Equity Partners

Personal Interests
Brett is an avid NBA fan and has been blessed to bear witness to the Jordan era and the Curry era while living in Chicago and the Bay Area, respectively. He is closing in on 20 national parks visited and is on a quest to see them all!

Daniel Niccum

Managing Partner & Operating Partner

Education
Wake Forest University, BS, Finance

Responsible for
Overall firm strategy, investing in exceptional leadership teams, and leading the Collaborative Operations group in partnering with management to create value.

Prior Organizations
Voltyx, North American Substation Services, Stifel

Personal Interests
Daniel is a self-proclaimed swirling mix of contradictions – an executive with tattoo sleeves, a playlist of 90’s rap and showtunes, a homebody who has visited over 40 countries, and the social stamina of an introverted extrovert who still recovers from a big night by napping in his closet, despite being out of one since his 20s.

Fun Fact
Daniel’s snazzy-dressing labradoodle (who insists on always wearing a bandana) can trace his name, Link, to three different sources, each representing Daniel’s varied interests:

  1. Link from the Legend of Zelda (90’s era NES gold cartridge for the win!)
  2. Link Larkin – a character from Broadway’s Hairspray (he has seen well over 50 shows and invested in several)
  3. Linkin Park (one of Daniel’s favorite bands, not the Chicago suburb, which is far too cold for Daniel’s California sensibilities) – in fact, Link’s full name is “Linkin Bark”

Dan Delaney

Managing Partner & Founder

Education
California Polytechnic State University, BA, Business Administration 

University of Chicago Booth School of Business, MBA

Responsible for
Firm leadership and strategy, investment decisions & management, and investor relations

Prior Organizations
Industrial Growth Partners, Glencoe Capital, A.G Edwards

Personal Interests
Dan originally decided to skip college and chase his dream of becoming a professional tennis player. Armed with ambition (and his trusty 1986 navy blue 4Runner as a makeshift home), he hit the road. After a few months of competing, earning a whopping $750 in prize money (pre-tax, of course), and learning the true meaning of “living the dream,” Dan realized that maybe—just maybe—a college education could serve him well. A few phone calls later, Dan traded the pro tour for a spot as a student-athlete at Cal Poly, where his next chapter began.