TERMS OF USE

 

LEGAL NOTICE

By accessing this site, you signify your agreement with, and understanding of, the following Terms of Use and Legal Information pertaining to both this site and any material on it.  This site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.  Your use of this site constitutes your agreement to all such terms, conditions and notices.  TRG Management LP (d/b/a The Rohatyn Group) (the “Firm”) reserves the right to change the terms, conditions, and notices under which this site is offered.

 

AGREEMENT TO TERMS OF USE

Please read the following terms and conditions ("Terms of Use") before using the Firm’s website (the "Website"). Your access to and use of the Website is subject to these Terms of Use and all applicable laws and regulations. The Terms of Use constitute a legal agreement between you and the Firm. The Website is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to persons under age 18. By accessing and using the Website, you accept, without qualification, these Terms of Use. If you do not approve and accept these Terms of Use without qualification, you should exit the Website immediately.

 

NO SECURITIES OFFERING OR INVESTMENT ADVICE

The information on the Website is intended to enable investors to understand the nature of the Firm's financial advisory services. Nothing contained in or on the Website should be construed as a solicitation of an offer to buy or offer, or recommendation, to acquire or dispose of any security, commodity, or investment or to engage in any other transaction. Any such offer or solicitation shall be made only pursuant to the confidential private placement memorandum for a fund (“Confidential Memorandum”), which qualifies in its entirety the information set forth herein and contains a description of the risks of investing.  The Confidential Memorandum relating to a fund should be reviewed carefully prior to an investment in that fund. The terms and risk factors of a fund are set out in its Confidential Memorandum, which is available to qualified prospective investors upon request.  The contents hereof are qualified in their entirety by the Confidential Memorandum and subscription agreements of the fund.

The information in the Website should not be construed as the Firm's endorsement, recommendation or sponsorship of any company or security. There are inherent risks in relying on, using or retrieving any information found on the Website, and the Firm urges you to make sure that you understand these risks before relying on, using or retrieving any information on the Website. You should evaluate the information made available through the Website, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service or other information.

The Firm's services are designed to integrate with the services provided by its clients' other financial, legal and tax advisers, not to replace their services.

You acknowledge that any of your requests for information are unsolicited and any information shall neither constitute nor be construed as investment advice from the Firm to you or to form an investment advisory relationship, or any other client relationship between you and the Firm or any of its affiliates or employees. The Firm strongly recommends that you seek outside advice from a qualified securities professional. The Firm does not guarantee the suitability or potential value of any particular investment or information source. The Firm may invest or otherwise hold an interest in companies or securities that may be discussed on the Website.

 

OWNERSHIP OF SITE & COPYRIGHT 

The Website is owned by TRG Management LP (d/b/a The Rohatyn Group).  The Website and any and all accompanying screens, information, materials, user documentation, user interfaces, images, arrangements of information, related software and other proprietary property of the Firm or its licensors accessible via the Website is and shall remain the exclusive property of the Firm and its licensors, as the case may be.  All rights to the Website remain with the Firm or its licensors.  This site is for your personal and non-commercial use.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this Website. You are prohibited from using the Website to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper or other automated means to access the Website for any purpose without the prior written permission of the Firm. You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website, or bypass any measures that we may use to prevent or restrict access to the Website. Any rights not expressly granted herein are reserved.

 

UNAUTHORIZED ACCESS

This site 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 the Firm will make reasonable efforts to protect the privacy of users of this site, no guarantee can be made that unauthorized third parties will not access the information contained on the Website.  You acknowledge that the Firm 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.

Use of this Website by recruiters, "head hunters," employment consultants or agencies, personnel placement agencies, professional services companies, employment contractors and staffing agencies seeking current TRG employees as candidates for placement is strictly prohibited.

 

PASSWORDS AND SECURITY

You are responsible for the confidentiality and use of your password.  Your password is an important means of protection for you.  You agree to contact us immediately if you believe that an unauthorized person has obtained access to your password. You may not allow others to use your user name or password to access or use any part of the Website. If your password has been compromised for any reason, you should contact the Firm immediately for a new password. If you provide your password to any third party, you will be solely responsible for any actions taken by such third party using your password. All information on the non-public (i.e., password-restricted) areas of the Website is confidential and private and you may not disclose or distribute such information to any other person for any purpose and is made available solely for your personal use in connection with your investment activities.

 

LINKS

The Firm makes no representations whatsoever about the opinions of any third party appearing on a linked site, neither regularly monitors nor has control over the contents of such sites and does not endorse, and disclaims all responsibility for, the content of such statements or websites.

 

NO WARRANTY

THE WEBSITE, INCLUDING INFORMATION AND MATERIALS CONTAINED IN THE WEBSITE, TEXT, GRAPHICS, SOFTWARE, LINKS AND OTHER ITEMS ARE PROVIDED “AS IS,” “AS AVAILABLE”.  THE FIRM DOES NOT WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS, TIMELINESS OR AVAILABILITY OF THE WEBSITE, AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE. THERE IS NO WARRANTY OF MERCHANTIBILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY OF NON-INFRINGEMENT, NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, IN CONJUNCTION WITH THE WEBSITE.

THE FIRM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND OPERATION OF THE SITE AT ANY TIME WITHOUT NOTICE. THE SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS OR OTHER REASONS.

 

LIMITATION OF LIABILITY

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT WILL THE FIRM OR ITS PARTNERS, MEMBERS OR AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE WEBSITE OR USE THEREOF OR THE INABILITY BY ANY PARTY TO USE SUCH SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THE FIRM, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

 

INDEMNITY

You agree, at your own expense, to indemnify, defend and hold harmless the Firm, its parents, subsidiaries and affiliates, and their officers, partners, managers, members, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms of Use or the Privacy Policy, your use of the Website or any product or service related thereto, or any of your other acts or omissions.

 

TRUTHFUL INFORMATION

As a condition to your use of the Website, you represent and warrant to, and agree with, the Firm that, all of the information that you provide shall be truthful, accurate and complete.

 

REFERENCES TO PUBLICATIONS AND OTHER COMPANIES

References to any publication or any other company in the Website are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of the Firm or that the Firm endorses, recommends or approves the services or products of such companies. News stories reflect only the author's opinion and not necessarily that of the Firm.

 

MODIFICATION AND MONITORING OF WEBSITE

The Firm may, at its discretion, change, modify, add or remove portions of these Terms of Use at any time without notice to you. We suggest that you check these Terms of Use periodically for changes. These Terms of Use can be accessed from the link at the bottom of each page. If you use the Website after we post changes to these Terms of Use, you accept the changed Terms of Use. The Firm expressly reserves the right to monitor any and all use of the Website.

 

NO UNLAWFUL OR PROHIBITED USE

As a condition to your use of the Website, you represent and warrant to, and agree with, the Firm that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use.

 

JURISDICTIONAL ISSUES AND APPLICABLE LAW

Unless otherwise specified, the Firm controls and operates the Website from its offices within the State of New York, United States of America.

The Firm does not claim that materials in the Website are appropriate or available for use in locations other than New York. If you choose to access the Website from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.

Software from the Website is further subject to United States export controls. Software from the Website may not be downloaded or otherwise exported or reexported outside the United States. By downloading or using such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside of the United States.

These Terms of Use are governed by the laws of the State of New York, without regard to its choice of law provisions. You hereby consent to the exclusive and personal jurisdiction and venue of the courts in the City and county of New York, New York, which shall have exclusive jurisdiction over any and all disputes arising out of or relating to these Terms of Use, the use of the Website or any product or service related thereto. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

 

GENERAL

You agree that no joint venture, partnership, employment or agency relationship exists between you and the Firm as a result of these Terms of Use or use of the Website.

The Firm's performance of these Terms of Use is subject to existing laws and legal process, and nothing in these Terms of Use is in derogation of the Firm's right to comply with law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Firm with respect to such use.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
By reviewing or using the information on the Website after accessing the Website, you represent and warrant that (a) you have the authority to enter into these Terms of Use and create a binding contractual obligation, (b) you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract equally binding, and (c) you will use the information on the Website in a manner consistent with applicable laws and regulations in accordance with these Terms of Use, as the Firm may amend them online or otherwise from time to time. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use constitute the entire agreement between you and the Firm with respect to the Website and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Firm with respect to the Website.

You agree to be bound by any agreement or consent you transmit to or through the Website via any media or electronic device, including internet, telephone and wireless devices.

 

ADDITIONAL TERMS

Certain web pages on this Website may contain separate terms and conditions, which are in addition to these Terms. In the event of a conflict, the additional terms and conditions will govern such web pages.