Terms of Use

Effective Date: February 12, 2026

 

These Terms of Use (“Terms”) of Gauge Capital LLC (“Gauge,” “we,” “us” or “our”) apply to all contents and information available within https://gaugecapital.com/ (the “Site”). You agree, on behalf of yourself and the institution, company or other legal entity that you represent, to be legally bound by these Terms when you access or use the Site.

 

Please review THESE TERMS carefully. By using THE Site, you acknowledge that you ARE AT LEAST the age of majority in your jurisdiction AND accept the TERMS set forth herein. If you ARE NOT AT LEAST the age of majority in your jurisdiction or do not accept such TERMS, you may not access the Site.

 

The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.

 

Please review our (“Privacy Policy”) which also applies to your use of the Site.

 

As between you and Gauge, Gauge owns or licenses all information and materials, including logos, designs, titles, phrases, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Site (“Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Content. The Site and Content are protected by United States and international copyright and trademark laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Content. As between you and Gauge, all names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to Gauge or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. The Content may not be copied, distributed, modified (including to create derivative works), reproduced, published, sold, or used, in whole or in part, except for purposes expressly authorized in writing by us. Under no circumstances will you have any rights of any kind in or to the Content, other than the right to use the Content in accordance with these Terms. All rights not expressly granted herein are reserved to us, our affiliates and our licensors.

 

Gauge grants you a limited license to access and make personal use of the Site subject to these Terms. The Site and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of Gauge.

The services and products described on this Site are only for persons in those states and jurisdictions where such products and services may legally be sold. Nothing on this Site shall be considered a solicitation to buy or an offer to sell any products or services to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful.

 

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Site is inaccurate at any time without prior notice. We cannot and do not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Content or the Site, including information submitted in connection with the Content or other features at any time, with or without notice in our sole discretion.

 

You agree to use the Site only for purposes that are permitted by these Terms in compliance with all applicable laws, regulations, and generally accepted practices and guidelines in the relevant jurisdictions. You may only use the Site as authorized in these Terms and for no other purposes.

You will not (and will not attempt to): (a) access the Site by any means other than through the interfaces that are provided by Gauge; (b) gain unauthorized access to Gauge’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site or Gauge’s networks and computer systems; (c) access the Site through any automated means or with any automated features or devices (including use of scripts or web crawlers, data mining, scraping, robots, spiders, or any other data gathering or extraction tools); (d) access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including commercial purposes; (e) reproduce, duplicate, copy, republish, upload, post, transmit, distribute, sell, trade, resell, or create derivate works of any aspect of the Site for any purpose; (f) upload, post, or otherwise transmit, through the Site, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing,” or any other form of solicitation, including the solicitation of users to become subscribers of other online information services competitive with Gauge; (g) stalk, harass, or otherwise disturb another person; (h) impersonate another person; (i) infringe any intellectual property rights of any person or entity, including any trademark rights, rights of publicity, personality, or privacy of any person or entity; (j) violate or attempt to violate the security of the Site, including by accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, or introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (k) access or use the Site or any portion thereof without authorization or in any way that violates any applicable federal, state, local or international law or regulation; (l) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability; (m) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site; (n) use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent; (o) use any device, software or routine that interferes with the proper working of the Site or otherwise attempt to interfere with the proper working of the Site; or (p) “frame” or “mirror” this Site or any portion thereof.

 

All material, information or other communication you submit, transmit, upload or post to this Site or email to us at info@gaugecapital.com, including any reviews, photographs, videos, ideas, comments, suggestions, feedback, data, images, sounds, text or the like (“Feedback”) will be considered non-confidential and non-proprietary. Except with respect to personally identifiable information, which we will collect, use and disclose in accordance with our Privacy Policy, Gauge will have no obligations with respect to the Feedback. You hereby assign to Gauge all intellectual property rights, including any moral, publicity and privacy rights you have in any Feedback. By submitting the Feedback to Gauge, you agree Gauge is free to use the Feedback, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identified form. Without limitation, Gauge and its designees will be free to copy, disclose, distribute, incorporate, publicly display, publicly perform, modify, create derivative works of, commercialize and otherwise use the Feedback for any and all commercial or noncommercial purposes anywhere in the world.

 

Gauge expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (a) that the Site, Content, goods, services, advice, information or links provided or displayed on the Site will meet your requirements; (b) that the Site will be uninterrupted, timely, secure or free from error or that any errors will be corrected; (c) that defects in the operation or functionality of any software provided to you as part of the Site will be corrected; and (d) regarding the Site, Content, goods, services, advice, information or links provided by any third parties or users. No advice or information, whether oral or written, obtained by you from the Site shall create any warranty not expressly stated in these Terms.

 

TO THE EXTENT PERMITTED BY LAW, USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE, CONTENT, AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. GAUGE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. NEITHER GAUGE NOR ANY PERSON ASSOCIATED WITH GAUGE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE SITE, SITE CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS CONTAINED THEREIN.  YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

 

WITHOUT LIMITING THE FOREGOING, Gauge makes no representation or warranty that any investment performance numbers presented on the site are guaranteed or will be consistent in the future.  Past performance is not indicative of future results.   Market analyses and opinions found on this site are speculative and based upon various assumptions, so you should formulate your own analysis and opinions based upon your own research. 

 

Except for historical information, statements set forth throughout this SITE may constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Words such as “anticipate,” “estimate,” “expects,” “projects,” “intends,” “plans,” “believes,” “will” and similar words and terms indicate forward-looking statements. EXAMPLES INCLUDE forward-looking statements in the form of future-oriented financial and financial outlook information. All forward-looking statements are GAUGE’S present expectations of future events and are subject to a number of factors and uncertainties that could cause results to materially differ from those described on the SITE. You are cautioned not to rely on such forward-looking statements. GAUGE is not under any obligation, and expressly disclaims any obligation, to update or alter any forward-looking statements, whether as a result of new information, future events or otherwise. All subsequent forward-looking statements attributable to GAUGE, its affiliates or any person acting on their behalf are expressly qualified in their entirety by the cautionary statements referred to in this Section. WITHOUT LIMITING the FOREGOING, You acknowledge and agree that the Contents are solely for general informational purposes and nothing contained on the site may be construed as a solicitation, offer, recommendation, representation or endorsement of any security or investment and may not be relied upon in connection with any offer or sale of securities or other assets.

 

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL Gauge OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SITE, SITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE.

 

UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF GAUGE AND OUR AFFILIATES, SUBSIDIARIES AND LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THE FOREGOING EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF GAUGE AND OUR AFFILIATES, SUBSIDIARIES AND LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, OR FEEL WE HAVE BREACHED THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

Any claims arising in connection with your use of the Site or any products or services purchased through the Site must be brought within one (1) year of the date of the event giving rise to such action occurred. 

 

You agree to defend, indemnify, and hold harmless Gauge, its parents, subsidiaries, officers, directors, shareholders, members, employees, agents, affiliates, licensors and suppliers, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees) arising from: (a) your use of and access to the Site, including any Content, products, and services; (b) your violation of any of these Terms or Privacy Policy; (c) your fraud, violation of law, negligence, or willful misconduct; and (d) your violation of any third party rights, including intellectual property or privacy rights. This defense and indemnification obligation will survive the termination or cessation of these Terms and your use of the Site. Gauge reserves the right, at Gauge’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim that is referenced or otherwise covered by this Section without the prior written consent of Gauge.

 

These Terms shall be governed by the laws of the State of Texas without regard to any conflict of law principles. Further, you and we agree to the jurisdiction of a state or federal court in the State of Texas to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms, including any non-contractual disputes and/or claims relating to or arising in connection with these Terms.

 

We each agree that any dispute resolution proceedings or lawsuits will be conducted only on an individual basis and not in a class, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis or otherwise coordinating claims.

 

Our Site may contain links to third-party websites and online services. Any access to and use of such third-party websites or online services is not governed by our Privacy Policy or these Terms but is instead governed by the privacy policies and terms of use of those third-party websites or online services, and we are not responsible or liable for any such third-party websites or online services, including any information practices of such third-party websites or online services or your use or access to any such third-party websites or online services.

 

 

The Site is controlled and operated from within the United States. Without limiting anything else, Gauge makes no representation that the Site, Site Content, services, products, information, or other materials available on, in, or through the Site is appropriate or available for use outside the United States, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from outside the United States do so on their own will and are responsible for compliance with applicable laws.

 

If you believe that any content or posting on the Site violates your intellectual property or other rights, please notify Gauge at info@gaugecapital.com, providing a comprehensive, detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate, and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

 

These Terms, and the Privacy Policy, constitute the entire legal agreement between you and Gauge regarding the Site and govern your use of the Site and any transactions you may have with Gauge through the Site. These Terms completely replace and supersede any prior agreement or understanding, arrangement, undertaking, or proposal, written or oral, between you and Gauge regarding these matters. In the event any other rule, code of conduct, or other matter posted on the Site conflicts with these Terms, these Terms shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”

 

You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.

 

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove any contents generated by you on the Site, block your access to the Site, block IP addresses.

 

If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

 

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.

 

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site or any Content, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

 

If you have any questions, comments or notices regarding these Terms, please contact us at info@gaugecapital.com.  

 

 

Last Updated: February 12, 2026

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