Legal Terms and Conditions of Use

 

1. Terms and Conditions of Use

ABRY Partners (“ABRY” or “we”) is providing this website as an information service to its investors, companies and visitors. By accessing, browsing and/or using (including, without limitation, copying any materials from) the website, you acknowledge that you have read and agree to abide by these Terms and Conditions of Use (the “Terms and Conditions”). If you do not agree to abide by these Terms and Conditions, do not access, browse or use (including, without limitation, by copying any materials from) this website. Please note that it is your responsibility to be aware of, and to observe, all applicable laws and regulations of any relevant jurisdiction.

2. Ownership and Use of Website and Content

The trade names, trademarks, service marks, trade dress, logos and other indicia of source found on this website (collectively, the “Marks”) and any and all information, content (including, without limitation, text and images) and materials available through this website (including, without limitation strategies, text, images, policies, business plans, research, concepts, and other information) (collectively, the “Content”) are proprietary to ABRY, its affiliates or its licensors and are protected by intellectual property, unfair competition and other laws. The copyright in the compilation of the Content on this website is the exclusive property of ABRY. You may not use any Mark or Content without the express written permission of the owner (whether ABRY, its affiliates or its licensors), and other than the limited license granted herein, nothing contained in these Terms and Conditions or anywhere on this website shall be construed as granting any license or right to use any Mark or Content. You may not modify, “mirror” or “frame” this website, or any Content of this website, for any reason without ABRY’s prior written consent.

ABRY grants you a limited license to access, browse and use this website for informational purposes only, subject to each of the terms and conditions set forth in these Terms and Conditions. ABRY may terminate this license at any time and for any reason, with or without notice to you.

3. Not Investment Advice; No Recommendations

This website is not intended to provide legal, business, tax, accounting, investment or other advice. You agree not to construe any of the Content provided in connection with this website as legal, business, tax, accounting, investment or other advice. You agree that the Content provided in connection with this website does not, and shall not be deemed to, constitute an offer to sell, a solicitation of an offer to buy, or a recommendation for any security of a company to you or any other person by ABRY, its affiliates or any third party, and nothing on this website constitutes a comprehensive or complete statement of the matters discussed or the law relating thereto. In addition, you understand and agree that all Content provided in connection with this website is published without consideration of your individual circumstances, financial or otherwise. Accordingly, you agree that you are solely responsible for any investment decision or other determination made, including, without limitation, the evaluation of any investment or other risks, with respect to any of the Content provided in connection with this website. You agree to consult your own professional advisors as to any legal, business, tax, accounting, financial or other advice regarding any Content provided in connection with this website.

4. Information Provided By You

Please do not send ABRY anything that constitutes a trade secret or confidential and proprietary information. We are not in a position to accept such information, nor can we agree to obligations of nondisclosure or confidentiality with regard to submitted plans or ideas. You agree that any information or materials that you, or individuals acting on your behalf, provide to ABRY will not be considered confidential or proprietary. We receive a large number of business plans, and we reserve the right to review only those plans that we believe fit our criteria for investment. We also reserve the right to reject plans in our sole discretion, and we are under no obligation to return any information or materials to the sender. We expect to receive many similar plans and ideas. Therefore, you understand that your idea may already have been submitted to us or be under consideration by us. We are not limited or restricted in any way from pursuing opportunities with others as a result of you providing any information or materials to us.

5. Disclaimer of Warranties

This website (including, without limitation, the Content and the functions of the website) are provided “as is.” ABRY specifically disclaims any representation or warranty, express or implied, of any kind, including, but not limited to, representations or warranties (i) of merchantability, noninfringement or fitness for any particular purpose, (ii) that the functions of, and Content on, this website will be available or uninterrupted, (iii) that the Content is accurate, current, complete or error-free, and (iv) that this website or the server that makes it available is free of viruses or other harmful code. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.

6. Limitations of Damages

IN NO EVENT SHALL ABRY, OR ANY PARENT, SUBSIDIARY OR AFFILIATED ENTITY, OR ANY OF THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, PARTNERS, STOCKHOLDERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, MULTIPLE, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED, DIRECTLY OR INDIRECTLY, TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND FUNCTIONS OF THIS WEBSITE OR ANY LINKED WEBSITE, EVEN IF ABRY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Indemnification and Release

By accessing this website, you agree to indemnify ABRY and any parent, subsidiary or affiliated entities, and their respective predecessors, successors, partners, stockholders, members, managers, officers, directors, employees and agents, and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of this website or breach of these Terms and Conditions. In addition, you hereby release ABRY and any parent, subsidiary or affiliated entities, and their respective predecessors, successors, partners, stockholders, members, managers, officers, directors, employees and agents, from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the website or breach of these Terms and Conditions. You hereby agree to waive your rights under all laws that may limit the efficacy of such releases.

8. Third-Party Websites

As a convenience to you, ABRY may provide on this website links to websites operated by other entities. If you use these websites, you will leave this website. If you decide to visit any linked website, you do so at your own risk. In addition, third-party websites may be linked to this website, with or without our consent. ABRY makes no warranty or representation regarding, does not endorse, and does not accept any responsibility for, any websites linked to or from this website, including without limitation, the information appearing thereon or any of the products or services described thereon. Links do not imply that (i) ABRY endorses, is affiliated or associated with, or is the owner of such linked websites, (ii) ABRY is legally authorized to use any trademark, trade name, logo or copyright displayed in or accessible through the links, or (iii) any linked website is authorized to use any trademark, trade name, logo or copyright of ABRY or any of its affiliates.

9. Changes and Availability

We reserve the right, at our sole discretion, to change, modify, add or remove any portion of this website or these Terms and Conditions, in whole or in part, at any time. Changes will be effective when posted. Your continued use of the website after any changes are posted will be considered acceptance of those changes.

We may also terminate, suspend or discontinue any aspect of this website, including the availability of any features of the website, at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the website without notice or liability.

10. Privacy Policy; Cookies

We generally record certain usage information, such as the number and frequency of visitors to this website.  This information may include the websites that you access immediately before and after your visit to our website, the Internet browser you are using, and your IP address.  If we use such data, it will be on an aggregate basis.

The only personally identifiable information we collect through this website is information voluntarily submitted by you (e.g., in connection with making a request for general information).  In such cases, we may record and use personally identifiable information, such as your name, phone number and e-mail address, for reasonable business purposes (for example, to respond to a request for information, to administer the website, and for internal operations, including for troubleshooting/data analysis, to improve the website and as part of our efforts to keep the website safe).  By accessing, browsing and/or using the website, you are accepting and consenting to us collecting and processing such personally identifiable information in accordance with these Terms and Conditions.  We may also share your personally identifiable information with any member of our group and such other companies that may be affiliated or associated with us from time to time.  We will not use your personally identifiable information for any purpose that is not described in these Terms and Conditions without your consent.

ABRY may use internal service providers to operate our website and employ other persons to perform work on our behalf, such as sending postal mail and e-mail.  These persons may have access to your personally identifiable information that you submit through our website, but only for the purpose of performing their duties.  By accessing, browsing and/or using the website, you consent to such internal service providers processing your personally identifiable information for such purposes. These persons may not use your personally identifiable information for any other purpose.

Other than as described in these Terms and Conditions, we will not provide any of your personally identifiable information to third parties, except if we are required to make disclosures to third parties (including the government) in order to comply with any legal obligations (e.g. in connection with a lawsuit, subpoena, investigation or similar proceeding).

The personally identifiable information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”), e.g., the U.S.  It will also be processed by staff operating outside the EEA who work for us or for one of our internal service providers. This includes staff engaged in, among other things, the provision of support services. By submitting your personally identifiable information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with applicable data protection legislation.

We may use cookies or other technology to obtain certain types of information when your web browser accesses our website.  “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive.  Our website may use cookies and other technology to store pertinent user information during a session to keep track of items and make navigation more efficient, and to collect anonymous traffic data that we may use to enhance our website and for marketing and promotional purposes.  The “help” portion of the toolbar on most browsers will inform you how to prevent your browser from accepting new cookies, require your browser to notify you when you receive new cookies, or disable cookies altogether. If you disable cookies, you may not be able to use all functions of this website.

You have the right to access information held about you. If you would like to make such a subject access request, please send us an email to [information@abry.com] with the words “Subject Access Request” in the subject line.

You are also able to challenge the accuracy and completeness of any recorded personally identifiable information that we hold about you and have it amended as appropriate, upon written notice to information@abry.com.

11. Miscellaneous

These Terms and Conditions shall be governed by the laws of Massachusetts, without giving effect to its conflict of laws provisions. The Terms and Conditions constitute the entire agreement between ABRY and you with respect to your use of this website and supersede any prior agreements or understandings (written or oral) with respect thereto. Any cause of action you may have with respect to your use of this website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision hereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms, and the remainder shall continue in full force and effect.

Should you have any questions about these Terms and Conditions, please contact information@abry.com.

Copyright © 2017 by ABRY Partners. All Rights Reserved.