1. Acceptance of terms
These Terms of Use (the "Terms") govern your access to and use of the website located at whyte.biz (the "Site") operated by Whyte Consolidated LLC ("Whyte Consolidated," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Site.
2. No offer or solicitation
The information on the Site is provided for informational purposes only and does not constitute an offer to sell, or a solicitation of an offer to buy, any security or investment product. Any such offer or solicitation will be made only by means of a confidential private placement memorandum and related subscription documents, and only in jurisdictions where such offer or solicitation is lawful.
3. Accredited investors only
Investments referenced on the Site are available exclusively to investors who qualify as "accredited investors" under Rule 501(a) of Regulation D promulgated under the Securities Act of 1933, as amended. Investor status will be verified prior to disclosure of any deal-specific information. By submitting an inquiry, you represent that the information you provide is accurate.
4. Eligibility and jurisdiction
The Site is directed only to U.S. persons located within the United States. Whyte Consolidated makes no representation that the materials are appropriate or available for use in other locations, and access from jurisdictions where such use is unlawful is prohibited.
5. No investment, legal, or tax advice
Nothing on the Site constitutes investment, legal, accounting, or tax advice. You should consult your own advisors regarding any investment decision. Past performance is not indicative of future results, and there can be no assurance that any investment objective will be achieved.
6. Forward-looking statements
The Site contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These statements reflect current views about future events and are subject to known and unknown risks, uncertainties, and other factors — including but not limited to power availability, grid-interconnection timing, supply-chain availability for long-lead equipment, construction costs, tenant credit, and regulatory changes — that may cause actual results to differ materially. Whyte Consolidated undertakes no obligation to update such statements.
7. Third-party data
Market data referenced on the Site and attributed to third parties (including CBRE, JLL, Synergy Research Group, Goldman Sachs Research, McKinsey, RCLCO, EESI, and Data Center Watch) reflects information published by those sources and has not been independently verified by Whyte Consolidated. We make no representation or warranty as to the accuracy, completeness, or timeliness of any such information.
8. Intellectual property
All content on the Site — including text, graphics, logos, images, and the underlying code — is the property of Whyte Consolidated LLC or its licensors and is protected by copyright, trademark, and other intellectual-property laws. You may view and download content for your personal, non-commercial use only. Any other use, including reproduction, modification, distribution, or republication, requires our prior written consent.
9. Acceptable use
You agree not to:
- Use the Site in any unlawful manner or for any unlawful purpose;
- Attempt to gain unauthorized access to any part of the Site or its systems;
- Interfere with or disrupt the Site or servers or networks connected to it;
- Use any automated means (including robots, scrapers, or data-mining tools) to access or collect information from the Site without our prior written consent.
10. Third-party links
The Site may contain links to third-party websites that are not under our control. We provide such links solely as a convenience and are not responsible for the content, accuracy, or practices of any linked site.
11. Disclaimer of warranties
The Site and its content are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Whyte Consolidated disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
12. Limitation of liability
To the fullest extent permitted by law, Whyte Consolidated and its affiliates, members, managers, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with your access to or use of the Site, even if advised of the possibility of such damages.
13. Indemnification
You agree to indemnify and hold harmless Whyte Consolidated and its affiliates, members, managers, officers, employees, and agents from and against any claim, liability, damage, loss, or expense (including reasonable attorneys' fees) arising out of your breach of these Terms or misuse of the Site.
14. Governing law and dispute resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Site will be resolved in the state or federal courts located in Delaware, and you consent to the exclusive jurisdiction and venue of those courts.
15. Changes to these Terms
We may modify these Terms at any time. The "Effective" date above reflects the most recent revision. Continued use of the Site after a change constitutes acceptance of the modified Terms.
16. Contact
Questions about these Terms may be directed to:
Whyte Consolidated LLC
[email protected]