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Nothing on this website is an offer or solicitation to buy or sell any security. Although the website may include investment-related information, nothing on this website is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy. Nothing on this website is intended to be, and you should not consider anything on the website to be, investment, accounting, tax or legal advice.
The information contained in the website may include certain historical investment performance information and forward-looking statements relating to the Hellman & Friedman Funds as well as to their underlying portfolio companies. Forward-looking statements are not guarantees of the underlying expected actions or future performance and future results may differ significantly from those anticipated by the forward-looking statements. Past performance is not indicative of future results and there can be no assurance that future performance will be comparable to past performance.
RESTRICTIONS ON USE
RISKS YOU ASSUME BY USING THE WEBSITE
Information on the website speaks only as of the date indicated. While we make reasonable efforts to provide accurate information, at times we may not promptly update or correct the website even if we are aware that it is inaccurate, outdated or otherwise inappropriate. You agree that we are not responsible for any action that you take or decision you make in reliance on any information contained in the website.
While we make commercially reasonable efforts to ensure that the website is secure, we do not guarantee the security of the website or your communications with us through the website. Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this website may not be secure. Communications to Hellman & Friedman, particularly those containing confidential information, may be sent by mail to: Hellman & Friedman LLC, One Maritime Plaza, 12th Floor, San Francisco, CA 94111, attn: General Counsel. Hellman & Friedman shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by you to Hellman & Friedman through this website.
THIRD PARTY WEBSITES
DISCLAIMER OF WARRANTIES
You acknowledge that we provide the contents of this website on an “as is” basis with no warranties of any kind. We disclaim all representations and warranties, express or implied of any kind with respect to the website, including warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property and proprietary rights. Without limiting the foregoing, we do not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, speed or delivery of the website or any part of the information contained in this website. Your use of this website and use or reliance upon any of the materials on it is solely at your own risk. If you are a California resident, you hereby waive California civil code section 1542 which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Neither we nor any of our agents, members, directors or employees are responsible for any damages, liabilities or injury, including but not limited to direct, indirect, incidental, special, exemplary, punitive or consequential damages, or for any lost profits or losses, however caused, arising out of your use of (or inability to use) this website, whether arising under this Agreement or otherwise. Our liability is limited to the maximum extent permitted by law and is limited even if we have been advised of the possibility of the damages, liability or injury that you suffer or if any remedy you have fails of its essential purpose, including any damages, liabilities or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction. Without limiting the foregoing, under all circumstances, the maximum liability of Hellman & Friedman, its agents and employees with respect to your use of this website is $1.
In exchange for using this website, you agree to indemnify and hold Hellman & Friedman, our agents, members, directors and employees harmless against any and all claims, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees) arising from your use of this website or your violation of this Agreement. In addition, you understand and agree that your use of this website is predicated upon your waiver of any right to sue Hellman & Friedman, our agents, members, directors and employees directly or to participate in a suit for any losses or damages resulting from your use of this website.
Notwithstanding the foregoing, nothing contained in preceding paragraphs or elsewhere in this Agreement shall constitute a waiver by you of any of your legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived.
Hellman & Friedman may terminate your access to this website for any reason, without prior notice. The Agreement shall survive any termination or expiration of your access to the website.
You agree that your use of this website and any disputes relating to the website or the Agreement shall be governed in all respects by the laws of the State of California. Any dispute relating to the above shall be brought solely in the state or federal courts located in San Francisco, California and you expressly consent to the exercise of personal jurisdiction by and to venue in such courts for purposes of resolving such disputes. You agree to bring any claim solely in your individual capacity and you expressly waive any right to bring any claim as part of a group or as a class action.
If any provision of the Agreement is deemed unlawful, void, or for any reason unenforceable, than that provision will be deemed severable from the Agreement and will not affect the validity and enforceability of the remaining provisions. The Agreement constitutes the entire agreement and understanding between you and Hellman & Friedman, and supersedes any prior agreement and understandings with respect to your access to or use of the website.