TERMS OF USE

HELLMAN & FRIEDMAN LLC TERMS OF USE

Users should read these Terms of Use carefully before accessing this website.

Welcome to the Hellman & Friedman LLC (together with its affiliated fund and management entities “Hellman & Friedman” or “we”) website.  By accessing or using this website, you acknowledge that you have read these Terms of Use in their entirety and agree to abide by them.  These Terms of Use, which incorporate our Online Privacy Policy, constitute a legally binding agreement (the “Agreement”) between you and Hellman & Friedman and govern your access and use of the website.

By accepting these Terms of Use, you represent and warrant to Hellman & Friedman that you are authorized to enter into this Agreement.  If you do not accept these conditions, do not use this website.  Hellman & Friedman may change, add or remove portions of the Terms of Use from time to time and any modifications will be effective immediately upon posting unless we indicate otherwise.  Your use of the website indicates your full acceptance of these Terms of Use in its then current form each time you access the website.  We suggest that you review these Terms of Use periodically for changes.

PRIVACY POLICY
Please review our Online Privacy Policy to learn about our information collection practices and the measures we take to preserve the privacy and security of your information.  It is available on the website, forms a part of the Agreement.

OWNERSHIP
All content included on this website, such as documents, charts, graphics, logos, articles and other materials, is the property of Hellman & Friedman or others and is protected by copyright and other laws. All trademarks and logos displayed on this website are the property of their respective owners, who may or may not be affiliated with Hellman & Friedman.

INFORMATIONAL PURPOSES ONLY
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
You may not access the website or use the information contained in the website for any illegal purpose or in any manner inconsistent with these Terms of Use.  You agree to access the website and use the information contained therein solely for your own noncommercial use and benefit, and not for resale, redistribution or other transfer or disposition to, or use by or for the benefit of, any other person or entity.  You agree not to use, transfer, distribute or dispose of any information contained in the website in any manner that could compete with the business of Hellman & Friedman or its portfolio companies.

You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this website. You may not publish, broadcast, retransmit, reproduce, repackage, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the website except as explicitly permitted in these Terms of 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.

COMMUNICATIONS
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
Please note that these Terms of Use apply only to this website and not to other websites that may be accessible from this website via hyperlink.  We are responsible only for the content of our own website and we have no control over other websites that may be accessible from this website, the contents therein or the products/services offered thereby.  If you access any third party website through our website or otherwise, you do so at your own risk. Hyperlinks to or from this website do not constitute third party endorsement of, sponsorship by or affiliation with us.  We encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.

INTERNATIONAL USE
Due to the global nature of the Internet, this website may be accessed by users in countries other than the United States.  We make no warranties that materials on this website are appropriate or available for use in such locations.  If it is illegal or prohibited in your country of origin to access or use this website, then you should not do so.  Those who choose to access this site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.  In addition, as noted in our Online Privacy Policy, information collected from users outside the United States may be transferred to the United States and other countries.

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.”

LIABILITY
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.

TERMINATION
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.

GOVERNING LAW
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. 

SEVERABILITY
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.