Terms of Use and Other Important Disclosure

TERMS OF USE

By entering the EagleTree Capital, LP (“EagleTree”) website, you acknowledge your agreement with and understanding of the following Terms of Use pertaining to this site including all material on it.

This Terms of Use statement sets forth the terms of use governing this website (this "Website")  for EagleTree Capital, LP and its affiliates (collectively, "EagleTree"). This Terms of Use statement sets out your obligations and ours with respect to your use of this Website and, by using this Website, you agree to abide by the terms of this Terms of Use statement without limitation or qualification. If you do not agree to these terms and conditions of use, you do not have our consent and should exit this Website immediately. EagleTee reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Therefore, we suggest that you review these terms periodically for changes. By using our Website after we have posted changes to these terms and conditions of use, you are agreeing to be bound by these terms as amended.

BY USING THIS WEBSITE, YOU CONSENT TO OUR USING ANY INFORMATION THAT YOU PROVIDE TO US OR THAT WE COLLECT, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS TERMS OF USE STATEMENT.

HISTORICAL INVESTMENT ACTIVITIES

The Portfolio Companies reflected under the Investments section of the Website, as well as certain items listed under the Newsroom section of the Website related to Portfolio Companies, reflect investments led or overseen through the Investment Committee by the Senior Partners and certain members of the EagleTree investment team while at EagleTree Capital, as well as predecessor firms Wasserstein & Co., LP and Wasserstein Perella. The Senior Partners were primarily responsible for sourcing and/or overseeing all investments presented on the Website and discussed in the Newsroom section of the Website.

NO OFFER OR SOLICITATION

The confidential materials contained on and through this Website are intended only for financially sophisticated investors who have been given access to such information and are for their private use. The material contained on or through this Website are provided to you for informational purposes only and are not intended to, and should not be used or considered to, constitute an offer, recommendation or solicitation to sell or an offer, recommendation or solicitation to buy or subscribe to any financial instruments, investment management or advisory services, or  any interests in any investment fund or other entity managed directly or indirectly by EagleTree whether or not described herein. EagleTree’s investment funds rely on private placement exemptions to registration under the Securities Act of 1933 (and the securities laws of applicable states) and have not been registered as investment companies under the Investment Company Act of 1940.

EagleTree provides no advice or recommendations with respect to the use of this Website, and the information and content contained herein do not constitute a recommendation or solicitation to purchase or sell any security or make any type of investment or financial decision, nor do the contents of this Website constitute legal, tax, or accounting advice or advice regarding the suitability or profitability of any transaction or investment.

No material from this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way You may not distribute, modify, transmit, reuse, repost, or use the content of this Website, including, without limitation, any text, images, audio and video, for public or commercial purposes without EagleTree’s prior written permission. EagleTree will not treat users of this Website as its clients by virtue of their accessing this Website

OWNERSHIP OF CONTENT

All text, images, graphics, sounds and software code ("Content") on this Website are copyrighted property of EagleTree and/or its affiliates. They may only be used for the personal education of visitors to this Website and they may not be placed in the public domain. You may not reproduce, redistribute, publish or otherwise use by electronic or any other means any of the Content without EagleTree’s prior written permission.

TRADEMARKS

EagleTree’s logo and other marks indicated on this Website are service marks of EagleTree and/or its affiliates. They may not be used or displayed without the prior written consent of EagleTree. All other trademarks, service marks and company names and logos appearing on this Website are the property of their respective owners.

NON-UNITED STATES VISITORS

Given the global nature of the Internet, this Website may be accessed by visitors residing outside of the United States. We make no representations or warranties that this Website is appropriate or available for use in countries outside of the United States. Visitors who choose to access this Website from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

DISCLAIMER OF WARRANTIES

You expressly acknowledge and agree that:

(a) YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EAGLETREE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(b) EAGLETREE DOES NOT WARRANT OR REPRESENT THAT (i) THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) USE OF THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION, SERVICES OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS, (v) THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (vi) ANY ERRORS IN THE SITE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL. YOU (AND NOT EAGLETREE OR ANY OF ITS AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR ANY OF THE SERVICES AVAILABLE ON THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

(e) DECISIONS BASED ON INFORMATION CONTAINED ON THIS WEBSITE ARE THE SOLE RESPONSIBILITY OF THE VISITOR, AND AS CONSIDERATION FOR ACCESS TO THE SITE, YOU AGREE TO HOLD EAGLETREE HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.

(f) THIS WEBSITE IS SUBJECT TO PERIODIC UPDATE AND REVISION, INCLUDING, BUT NOT LIMITED TO, THE LIST OF EAGLETREE PROFESSIONALS, WHOSE STATUS AND/OR TITLE MAY CHANGE FROM TIME TO TIME. EAGLETREE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, WITHOUT ANY OBLIGATION AND WITHOUT ANY NOTICE, TO CHANGE, MODIFY OR DELETE THE INFORMATION, MATERIALS AND DESCRIPTIONS ON THIS WEBSITE AND TO SUSPEND OR DENY ACCESS TO IT. EAGLETREE MAY DISCONTINUE OR CHANGE ANY PRODUCT OR SERVICES DESCRIBED ON THIS WEBSITE AT ANY TIME. MATERIALS SHOULD ONLY BE CONSIDERED CURRENT AS OF THE DATE OF INITIAL PUBLICATION, WITHOUT REGARD TO THE DATE ON WHICH YOU MAY ACCESS THE INFORMATION.

LIMITATION OF LIABILITY

EagleTree and its affiliates, officers, agents, partners and employees shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use this Website and services or resulting from any information or services obtained or messages received or transactions entered into through this Website or resulting from unauthorized access to or alteration of your transmissions of data, including but not limited to, damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this site.

LINKS TO OTHER SITES

This website may contain links to other sites not supported by EagleTree. Such links are provided as a convenience to the user. The inclusion of any link does not constitute an endorsement, authorization, sponsorship, affiliation or monitoring by EagleTree with respect to such linked site or its owners. EagleTree has not verified the accuracy or completeness of any information in such linked sites, and makes no representations as to the information contained therein. Accessing any linked sites is at the user’s own risk. The user should review the applicable terms of use and privacy policies in connection with their use of such third party sites.

NO RELIANCE

The information set forth herein has been obtained or derived from sources believed by EagleTree to be reliable. However, EagleTree does not make any representation or warranty, express or implied, as to the information’s accuracy or completeness, nor does EagleTree recommend that the attached information serve as the basis of any investment decision. Any reliance on the information provided herein is solely at the user’s own risk.  Opinions and any other contents at this site are subject to change without notice.

APPLICABLE LAW

This Terms of Use statement will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of this Website will be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

PRIVACY POLICY

EagleTree takes precautions to maintain the privacy of nonpublic personal information concerning its current and prospective investors in its private investment vehicles.  These precautions include the adoption of certain procedures designed to maintain and secure such investors’ nonpublic personal information from inappropriate disclosure to third parties.  Federal regulations require EagleTree to inform its new investors of this privacy policy prior to any investment management agreement being signed as well as on an annual basis to all existing clients and investors.

In connection with providing investment management services, EagleTree may collect nonpublic personal information about its investors from the following sources:

– Information EagleTree receives from an investor in subscription documents or other related documents or forms;

– Information about an investor’s transactions with EagleTree, its affiliates or others; and

– Information EagleTree may receive from a consumer reporting agency.

EagleTree does not disclose any nonpublic personal information about its prospective, existing or former investors to anyone, except as permitted by applicable law and regulation.

EagleTree restricts access to nonpublic personal information about its investors to those employees and agents of the EagleTree who need to know that information in order to provide services to its investors.  EagleTree may disclose such information to its affiliates and to service providers and financial institutions that provide services to EagleTree and its private investment vehicles.  EagleTree will require such third party service providers and financial institutions to protect the confidentiality of investors’ nonpublic personal information and to use the information only for purposes for which it is disclosed to them.  EagleTree maintains physical, electronic and procedural safeguards that comply with federal standards to safeguard investors’ nonpublic personal information and which EagleTree believes are adequate to prevent unauthorized disclosure of such information.

If you have any questions concerning this privacy policy, please contact EagleTree at 1185 Avenue of the Americas, New York, New York 10036, and telephone: (212) 702-5600.

 

Last updated on April 21, 2017