Terms & Conditions
These Terms and Conditions constitute a legally binding agreement between Torch Key Asset Management, LLC and its affiliates (together, “Torch Key” and referred to in these Terms and Conditions using the pronouns “we,” “us,” and “our”) and you, the user of www.tkam.com (the “Site”). By accessing the Site, you acknowledge that you have read and agree to these Terms and Conditions. These Terms and Conditions govern your use of the Site. Please read these Terms and Conditions carefully. If you do not agree with any of the terms and conditions contained herein, please do not access the Site.
We reserve the right to amend these Terms and Conditions in our sole discretion. We will post any changes to these Terms and Conditions 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. We strongly recommend that you periodically visit this page of the Site to review the Terms and Conditions.
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 Torch Key. If you do not meet all of these requirements, you must not access or use the Site.
Your use of this website does not create any fiduciary, advisory, or other special relationship between you and Torch Key or any of its affiliates. Torch Key does not undertake any duty or obligation to you by virtue of your access to or use of this website or its content.
1. 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 Torch Key and our financing capabilities for prospective portfolio companies. We do 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. We disclaim 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.
This 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, 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 other investment. You understand that none of the Content constitutes are a recommendation that you or any other person purchase, sell or hold any security, company, investment product, or other 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, financial, or other advice regarding any Content provided in connection with the Site.
2. Regulatory Disclosures
We do not solicit or make our 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 us and/or our 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 Torch Key. The portfolio companies listed should not be assumed to have been profitable. Any past performance information on the Site is not necessarily indicative of, or a guarantee of, of future results.
Certain information on this website may contain forward-looking statements. The words “believe,” “expect,” “anticipate,” “optimistic,” “intend,” “aim,” “will,” or similar expressions are intended to identify such forward-looking statements. Forward-looking statements are inherently uncertain, and changing factors, such as those affecting the markets generally or those affecting particular industries, may cause events or results to differ from those discussed on this website. As a result, reliance should not be placed on such statements or the conclusions drawn therefrom. We undertake no obligation to update or revise any forward-looking statements, whether as a result of new information, future developments, or otherwise.
3. Terms and Conditions. User Submission
By entering the Site, you acknowledge and agree that any communication or material you transmit to the Site or Torch Key, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any materials you transmit to Torch Key may be used by us, anywhere, anytime, and for any reason whatsoever.
4. 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 (including strategies, policies, business plans, research, concepts, and other information (collectively, the “Content”)) are proprietary to us or our 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 Torch Key or otherwise), and nothing contained in these Terms and Conditions or anywhere on the Site shall be construed as granting any license or right to use any Mark or Content.
5. Third-Party Links
From time to time, we may provide links from this Site to websites operated by third parties. Our decision to do so is in no way an endorsement of these sites. We do not monitor, edit, or control such third-party sites and are 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. If you have any questions regarding a linked site, please direct them to the administrator of the relevant site. We reserve the right to terminate any link at any time.
6. Disclaimer of Warranties
THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, PROVIDED WITHOUT WARRANTIES, CLAIMS, OR REPRESENTATIONS MADE BY TORCH KEY, 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. WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS CONTENTS 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.
7. Limitation of Liability
WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE OR THE CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE 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 AND CONDITIONS.
UNDER NO CIRCUMSTANCES WILL WE 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 AND CONDITIONS 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.
8. Indemnity
You agree that you will be solely responsible for, and that you will defend, indemnify, and hold Torch Key and our 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 and Conditions or otherwise resulting from your use of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify us for all liabilities, losses, or damages. You agree to provide us with whatever cooperation we reasonably request.
9. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS 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.
10. Privacy Policy
In addition to these Terms and Conditions, your use of and access to the Site is also subject to our Privacy Policy[1] (the "Privacy Policy"),which is incorporated by reference herein, as applicable. Our Privacy Policy contains 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.
11. Miscellaneous
You may not assign or otherwise transfer these Terms and Conditions or your rights or obligations under it without our prior written consent, and any attempted assignment or other transfer in violation of this provision shall be null and void. We may assign these Terms and Conditions or any rights under these Terms and Conditions without your consent and without notice. Nothing in these Terms and Conditions may be used to construe you and Torch Key as joint venturers, co-employers, partners, or agents of each other, and neither you nor Torch Key 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 in any jurisdiction, either in its entirety or in a particular application, the remainder of these Terms and Conditions shall nonetheless remain in full force and effect. Our failure 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 and Conditions 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 or relating to these Terms and Conditions against or relating to us or any indemnified party under these Terms and Conditions will be subject to the exclusive jurisdiction of any state or federal court sitting in Los Angeles, California, and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in these Terms and Conditions and any agreements included or referred to in these Terms and Conditions 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 and Conditions are for convenience only and should not be considered part of these Terms and Conditions. The word “including” means “including without limitation.”
If you have any questions or concerns about these Terms and Conditions or any issues raised in these Terms and Conditions or on the Site, please contact us at info@tkam.com or via the Contact form on the Home[2] page.
Last updated February 2026.