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 this website.
By accepting these Terms of Use, you represent and warrant to Hellman & Friedman that you are authorized to enter into this Agreement. 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 this website indicates your full acceptance of the terms, conditions and notices contained herein in their then current form each time you access this website. If you do not accept these conditions, do not use this website. We suggest that you review these Terms of Use periodically for changes.
All materials on this website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
If you have any questions about these Terms of Use, please contact [email protected].
PRIVACY POLICY
Please review our Online Privacy Policy to learn about our information and collection practices and the measures we take to preserve the privacy and security of your information. It is available on this website and forms a part of this 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.
Hellman & Friedman grants you a personal, limited, non-exclusive, non-transferable right to use this website, which includes any images, texts, illustrations, designs, icons, photographs, graphic, video clips, downloads, systems and methods, interfacts, information, data, tools, products, services and other content solely for your personal and noncommercial use.
INFORMATIONAL PURPOSES ONLY
Nothing on this website is an offer or solicitation to buy or sell any security, product, service or fund. Although this website may include investment-related information, nothing on this website is a recommendation that you buy, sell or hold any security or other investment, or that you pursue any investment style or strategy. Any such offer or solicitation may only be made by means of delivery of the applicable legal offering documents, as amended from time to time, and other documents associated with the investment, each of which should be reviewed in its entirety prior to investment. Nothing on this website is intended to be, and you should not consider anything on this website to be, investment, accounting, tax, legal or other advice. You should consult a qualified investment, legal and/or tax professional before making any decision based on information provided on this website. Decisions based on use of this website are the sole responsibility of the user, and you agree that Hellman & Friedman is not liable for any action you take or decision you make in reliance thereon. The investments and strategies discussed hereon may not be suitable for all investors, and are not obligations of or guaranteed by Hellman & Friedman. Hellman & Friedman provides investment advice and solicits investment advisory services only in those states and countries where it is registered or where it is exempt from such registration.
The information contained in this 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. Past performance is not indicative of future results and there can be no assurance that future performance will be comparable to past performance. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties, speak only as of the date on which they are made and are subject to change. 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. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.
RESTRICTIONS ON USE
You may not access this website or use the information contained in this website for any illegal purpose or in any manner inconsistent with these Terms of Use. You agree to access this 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 this 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 disclose, modify, copy, distribute, displate, publish, broadcast, retransmit, reproduce, repackage, license, commercially exploit, create any derivative of or otherwise redistribute all or any portion of this website except as explicitly permitted in these Terms of Use.
You may not (1) make any commercial use of this website or the content herein; (2) make more than minimal copies of the site or content, including, by way of example and without limitation, using bots, robots or spiders that “harvest” this website; (3) interfere with the functioning of this website or restrict or inhibit others from using this website; or (4) modify or alter the content, post or “frame” it on or in another website, or remove or obscure copyright or other notices or legends therefrom. All trademarks, service marks, logos and other indicia of source displayed on this website are the property of their respective owners, who may or may not be affiliated with Hellman & Friedman. You may not use any such marks without prior written consent.
RISKS YOU ASSUME BY USING THIS WEBSITE
Information on this 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 this 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 this website.
UNAUTHORIZED ACCESS
This website is not absolutely protected against unauthorized third parties. You acknowledge that any information provided through the internet may be potentially accessed by unauthorized third parties. Although Hellman & Friedman will make reasonable efforts to protect the privacy of users of this website, no guarantee can be made that unauthorized third parties will not access the information contained on this website. You acknowledge that Hellman & Friedman is not responsible for notifying you that unauthorized third parties have gained such access or that any data has been otherwise compromised during transmission across computer networks or telecommunications facilities, including, but not limited to, the internet.
Any unauthorized use of this website or the content herein may also violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.
You agree that when using this website, you will not violate or facilitate any violation of any applicable local, state, federal or international law, rule or regulation, including, without limitation, regulations or rules of any securities exchange. Fraudulent conduct may be reported to law enforcement, and Hellman & Friedman will cooperate to ensure that violators are prosecuted to the fullest extent of the law. Hellman & Friedman does not grant, by implication, estoppel or otherwise, any license or right to use material on this website other than those set forth above, and you shall not make any other use of such material without Hellman & Friedman’s written permission.
Hellman & Friedman reserves the right to remove anything that violates these Terms of Use or is otherwise objectionable and to report to appropriate law enforcement officials, regulators or other third parties any activity that it suspects violates any law or regulation. In order to cooperate with governmental requests, to protect Hellman & Friedman’s systems or to ensure the integrity and operation of Hellman & Friedman’s business, Hellman & Friedman may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, internet protocol addressing and traffic information, usage history and posted content.
COMMUNICATIONS
While we make commercially reasonable efforts to ensure that this website is secure, we do not guarantee the security of this website or your communications with us through this 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, 415 Mission Street, Suite 5700, San Francisco, CA 94105, 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.
RIGHT TO MONITOR
Hellman & Friedman has the right, but not the obligation, to monitor and record activity on this website and respond as it deems appropriate. Hellman & Friedman may monitor and record activity on this website for any or no reason. Hellman & Friedman may investigate any complaint or reported violation of its policies. Hellman & Friedman may report any activity that it suspects may violate any law or regulation to regulators, law enforcement officials or other persons or entities that it deems appropriate. Hellman & Friedman may issue warnings, suspend or terminate use of this website, deny access to all or part of this website or take any other action that it deems appropriate, without notice or liability.
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. This Agreement does not govern your use of any website or service other than this website. 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.
Hellman & Friedman does not review or monitor any websites linked from or to this website and is not responsible for the content of any such websites and any content on this website that is produced by users, publishers, and other third parties not controlled by Hellman & Friedman. You acknowledge that such content is the sole responsibility of the third party person or organization that created it and we assume no responsibility for any third party content or information. Although Hellman & Friedman reserves the right to review all content that appears on this website and to remove any content at our discretion, we do not necessarily review all or any of it. Access and use of third party content made available through this website, including news articles, is solely at your own risk and Hellman & Friedman makes no warranties, express, statutory, or implied, with respect to such third party content or information. Hellman & Friedman disclaims responsibility for the privacy policies and customer information practices of third party internet websites hyperlinked from this website. To the maximum extent permitted by applicable law, we will not be liable for any content submitted, posted, linked to, shared or otherwise made available via this website, including, but not limited to, any inaccuracies, errors or omissions in any content, any intellectual property infringement with relation to the linked content, or any loss or damage of any kind incurred as a result of the use of any content linked in or otherwise made available via this website. If you link other websites to this website, you may not imply or suggest that Hellman & Friedman has endorsed or is affiliated with such websites. Hellman & Friedman reserves the right to terminate any link or linking program at any time. Similarly, links or copies of third party articles regarding Hellman & Friedman, its affiliates or its portfolio companies have generally been prepared without the input of Hellman & Friedman and are provided for convenience purposes only. By inclusion on this website, Hellman & Friedman does not represent or warrant the accuracy of such information or take responsibility for its content.
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 website 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 this website, including warranties of merchantability, fitness for a particular purpose and use or non-infringement of intellectual property and proprietary rights. Without limiting the foregoing, we do not warrant the availability, accuracy, completeness, sufficiency, timeliness, suitability, functionality, reliability, speed or delivery of this website or any part of the information contained in this website. Any contents on this website are subject to change without notice. Hellman & Friedman further assumes no responsibility for, and makes no warranties that, functions contained at this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available will be free of viruses or other harmful components. 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.” Please note that some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you.
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 (including, but not limited to, damages for loss of data, loss of programs, or any other pecuniary loss), 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, defend 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, your violation of this Agreement or from any decisions that you make based on such information. 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. This Agreement shall survive any termination or expiration of your access to this website.
UNITED KINGDOM FINANCIAL PROMOTION RULES
In the United Kingdom, this website constitutes a financial promotion for the purpose of Section 21 of the Financial Services and Markets Act 2000. It is being issued by Hellman & Friedman, which is not authorised or regulated by the Financial Conduct Authority in the United Kingdom and is being made available only to and directed only at: (i) “investment professionals” within the meaning of Article 19 of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (as amended) (“FPO”); or (ii) high net worth companies, unincorporated associations, etc. within the meaning of Article 49 of the FPO (broadly, companies or partnerships with net assets of £5 million sterling or more and trustees of trusts with assets of £10 million sterling or more, or any person acting in the capacity as director, officer or employee of such an entity where that person’s responsibilities when acting in that capacity involve that person in the entity’s engaging in investment activity), (together “Relevant Persons”). The information on this website must not be acted on or relied on by persons who are not Relevant Persons. any investment or investment activity to which information on this website relates is available only to Relevant Persons and will be engaged in only with Relevant Persons. Persons of any other description in the United Kingdom should not act or rely on any of the information contained on this website.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of this website are entitled to the following specific consumer rights notice. This website is provided to you by Hellman & Friedman, which may be contacted regarding complaints or concerns at 415 Mission Street, Suite 5700, San Francisco, CA 94105, (415) 788-5111. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
GOVERNING LAW
You agree that your use of this website and any disputes relating to this website or this 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.
ARBITRATION
By using this website, you agree that Hellman & Friedman, at its sole discretion, may require you to submit any disputes arising from the use of the services, related services or this agreement concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration (the “Rules”) of the American Arbitration Association, by one or more arbitrators appointed in accordance with the Rules. Notwithstanding the Rules, however, such proceeding shall be governed by the laws of California and will take place in the state of California.
SEVERABILITY
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, than that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of the remaining provisions. This 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 this website.