(Rev. October 2020)
Except as set forth below, the information on this Website is maintained and kept current and up-to-date.
Terms and Conditions of Use
1.2 You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the “Legal Disclaimer” link on the Website. The revised Agreement / Terms and Conditions will become effective at the time of posting. If any change to this Agreement is not acceptable, your sole remedy is to discontinue using this Website. Any use of the Website after such date shall constitute acceptance by you of such revised Agreement / Terms and Conditions.
1.3 Nothing contained in this Agreement is intended to modify or amend any other written agreement you may have with Atlantic Park and/or the Co-Advisers (including without limitation any subscription agreement, limited partnership agreement, side letter, client agreement, non-disclosure or confidentiality agreement, admission agreement, promissory note or account agreement) (“Other Agreements”) if any, that may currently be in effect. In the event of any inconsistency between this Agreement and any Other Agreements, the Other Agreements will govern. To the extent this Agreement conflicts with the terms and conditions of use relating to any password-protected area of this Website, the more specific terms and conditions of use relating to such password-protected area shall control.
2.1 In connection with your use of this Website, you agree not to:
You further agree not to violate or attempt to violate the security of this Website, including, without limitation:
We may investigate occurrences that may involve violations of the security of this Website or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right to disclose any information about you or your use of our Website in connection with any investigations by us or law enforcement authorities.
2.2 This Website may contain and/or make available for download material, such as software, text, graphics, images, works of authorship and other material (collectively referred to as the “Content”). The Content may be owned by us or may be provided through an arrangement we have with others. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may print a reasonable number of copies of the Content for your personal use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and Website automatically terminates and you must immediately destroy any copies you have made of the Content.
2.3 The trademarks, service marks and logos of the Company (the “Company Trademarks”) used and displayed on this Website are registered and unregistered trademarks or service marks of the Company or its affiliates. Other company, product and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the Company Trademarks, the “Trademarks”). Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website, without the prior written permission of the Company specific for each such use. The Trademarks may not be used to disparage the Company or the applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by the Company in writing. All goodwill generated from the use of any Company Trademark inures to our benefit.
2.4 The Website contains links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.
2.5 We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
3.2 Nothing contained herein constitutes an offer to sell or a solicitation of an offer to buy any interest in any investment vehicle managed by the Co-Advisers and/or Atlantic Park or any company in which the Co-Advisers, Atlantic Park or its or their affiliates have invested. Nothing contained herein constitutes professional or financial advice nor does any information contained herein constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. While the Co-Advisers and Atlantic Park uses reasonable efforts to obtain information from sources believed to be reliable, the Co-Advisers and Atlantic Park make no representation that the information or opinions contained in the Website are accurate, reliable or complete. You are solely responsible for evaluating the risks and merits regarding use of the Website and should obtain relevant and specific professional advice before making any investment decision.
3.3 Certain information on this Website may contain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words “believe”, “expect”, “anticipate”, “optimistic”, “intend”, “aim”, “will” or similar expressions are intended to identify forward-looking statements. The Co-Advisers and Atlantic Park undertake no obligation to update publicly or revise any forward-looking statements, whether as a result of new information, future developments or otherwise.
3.4 Any transactions described on the Website as having been engaged in by the Co-Advisers or Atlantic Park are included as representative transactions and are not necessarily reflective of overall results of Atlantic Park or any of the Co-Advisers other investment activities. Past performance is not indicative of future results; no representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
Please review the Privacy Notice of each Co-Advisers, which is available on the Website, 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 this Website and forms a part of the Agreement.
5.1 THE CO-ADVISERS, ATLANTIC PARK, AND ITS AND THIER AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK.
THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.
5.2 IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.3 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless the Company Parties, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content, the Trademarks of Atlantic Park or the Co-Advisers, or the Website. Either Co-Adviser shall provide notice to you of any such claim, suit or proceeding and shall assist you, in defending any such claim, suit or proceeding. The Company Parties reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the Company Parties defense of such matter.
7.1 Termination. The Co-Advisers and Atlantic Park reserve the right, in their sole discretion, to restrict, suspend or terminate this Agreement and your access to all or any part of the Website or the Content, at any time and for any reason without prior notice or liability. The Co-Advisers and Atlantic Park reserve the right to change, suspend or discontinue all or any part of the Website or the Content at any time without prior notice or liability.
7.2 Survival. If this Agreement is terminated, Sections 2, 3, 4, 5, 6 and 8 shall survive the termination of this Agreement.
Elements of the Website are protected by trade dress, trademark, unfair competition and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except where allowed in Section 2. None of the Content for this Website may be retransmitted without express written consent from us for each and every instance.
9.1 This Website is based in New York, New York. We make no claims concerning whether the Content may be downloaded, viewed or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
9.2 In the U.K. this Website is issued by General Atlantic (UK) LLP, which is authorized and regulated by the Financial Services Authority (the “FSA”). In the U.K., this Website is directed only at intermediate customers and market counterparties, as defined by the FSA (together “Relevant Persons”). The Content of this Website must not be acted on or relied on by persons who are not Relevant Persons. Any investment or investment activity to which this Website relates is available only to Relevant Persons and will be engaged in only with Relevant Persons.
10.1 This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of New York in the State of New York. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of the Company to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against the Company unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the Company and you, this Agreement constitutes the entire Agreement between you and the Company with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees and sublicensees.
10.2 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, the Co-Advisers and Atlantic Park, and supersedes any prior agreement and understandings with respect to your access to or use of the Website.
All content of this Website is Copyright © 2020 Atlantic Park Strategic Capital Fund GP, L.P.. All rights reserved. Trademark application for Atlantic Park™ is pending.