Effective October 2018
Effective October 2018
By accessing or using the Site, you accept and agree to be bound and abide by these Terms and our Privacy Notice found at vistria.com/privacy-notice/, incorporated herein by reference. If you do not accept these Terms you may not access, browse or use the Site.
This Site is provided by Vistria for the convenience of visitors to our Site. Your use of this Site is at your own risk and you agree to only use this Site for the purposes for which is has been designed. Notwithstanding any other provision herein, Vistria reserves the right to change, modify or otherwise alter any features of this Site, in each case, at any time and for any purpose without prior written notice.
This Website may include forward-looking statements. All statements other than statements of historical fact are forward-looking statements (including words such as “believe,” “estimate,” “anticipate,” “may,” “will,” “should,” and “expect”). Although Vistria believes that the expectations reflected in such forward-looking statements are reasonable, Vistria can give no assurance that such expectations will prove to be correct. Various factors could cause actual results or performance to differ materially from those discussed in such forward-looking statements.
Past performance is not indicative of any specific investment or future results. Views regarding the economy, securities markets or other specialized areas, like all predictors of future events, cannot be guaranteed to be accurate and may result in economic loss to the investor.
Any information provided by the Website regarding historical market performance is for illustrative and education purposes only. Clients or prospective clients should not assume that their performance will equal or exceed historical market results and/or averages.
The material listed in this website is current as of the date noted, and is for informational purposes only, and does not contend to address the financial objectives, situation, or specific needs of any individual investor. Any information is for illustrative purposes only, and is not intended to serve as investment advice since the availability and effectiveness of any strategy is dependent upon your individual facts and circumstances. Results will vary, and no suggestion is made about how any specific solution or strategy performed in reality.
Vistria does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to the Website or incorporated herein, and takes no responsibility therefor. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly.
While accessing or using the Site, you agree to comply with all applicable laws, rules and regulations, and these Terms. Your access to and use of the Site is conditioned upon your compliance with the rules of conduct set forth in this section. Your failure to comply with any such rule may result in termination of your access to or use of the Site (or any part thereof). You agree that you will not:
This Site, its features, functions, and the information and content which it contains, is the property of Vistria and its affiliates and licensors, and is protected by intellectual property rights, including United States and international copyright, trademark patent and/or other proprietary rights and laws. All trademarks and logos appearing on the Site are the property of their respective owners. We reserve all of our intellectual property rights in the Site and the information and materials made available through the Site, and do not grant you any license or right in or to any trademarks, logos or other intellectual property rights. Except as expressly authorized in advance by us, you agree not to reproduce, copy, modify, republish, sell, transmit, distribute or create derivative works based on, all or any part of the Site, any materials made available through the Site or the intellectual property rights contained therein.
This Website may contain interactive features that allow users to submit, publish, display, or transmit to us content or material on or through the Site (collectively, “User Information”). You own your User Information and you hereby grant, and agree to grant, to Vistria an unrestricted, worldwide, irrevocable, non-exclusive, perpetual, fully-paid, royalty-free, transferrable license to access, view, display, reproduce, adapt, publish, translate, store, host, cache, maintain, modify, distribute, and otherwise use and exploit your User Information in any manner, provided that it is in accordance with the Privacy Notice and applicable law. You also grant Vistria the right to sub-license these rights through multiple tiers, and the right to bring an action for infringement of these rights. You agree that you are solely responsible for the content of all information that you provide to us and that such information is true, accurate, complete, does not infringe any other person’s legal rights, and you agree that you will maintain and update such information regularly.
You can learn how we handle your information including the User Information when you use the Site by reading our Privacy Notice, which explains how we collect, use and disclose information that pertains to your privacy. We encourage you to become familiar with the Privacy Notice because when you access or use this Site you signify your agreement to the Privacy Notice and consent to the collection, use, disclosure and other handling of information consistent with that policy.
This Site may contain links to websites and content owned, maintained or operated by third parties who may or may not be affiliated with Vistria, including Vistria’s portfolio companies. Vistria is providing these links to you only as a convenience. The inclusion of any link does not imply that Vistria endorses any third-party website or content, or has any responsibility for or makes any representations about, any other sites, including their products and services, content, communications and website use policies. You acknowledge that Vistria assumes no responsibility whatsoever for the functionality of such websites or for the accuracy, integrity, quality, legality, usefulness or safety of any information presented at such other websites. We have no obligation to monitor third party content, and we may, in our sole discretion, block or disable access to any third party content (in whole or part) via this Site at any time. 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 other companies’ websites you do so at your own risk.
Because this Site may be accessible internationally, you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Site. The information on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Vistria to any registration requirement within such jurisdiction or country.
By accessing or using this Site you and Vistria agree that the laws of the State of Illinois, without regard to its conflicts of laws principles, will apply to all disputes based on, arising out of, or relating to your access to or use of the Site or any information it contains. With respect to such disputes, you and Vistria also agree and hereby submit to the exclusive personal jurisdiction and venue of any state court located in Chicago, Illinois, or federal court located in Chicago, Illinois.
While Vistria may periodically update or correct information presented on the Site, such information may include typographical errors and/or technical inaccuracies and/or omissions. Vistria makes no representation or warranty as to the timeliness, usefulness, completeness or accuracy of any information on Site and expressly disclaims any obligation to update such information. Any reliance you place on such information is strictly at your own risk. Vistria also reserves the right to make additions, deletions or modifications to any information on this Vistria for any reason, at any time and from time to time without any prior notice.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS SITE AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, VISTRIA DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH THIS SITE IS UP-TO-DATE OR FREE OF ERRORS; (ii) THE CONTENT, FUNCTIONS OR SERVICES PROVIDED BY THIS SITE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED; OR (iv) THAT THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, INCLUDING BUT NOT LIMITED TO THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS WEBSITE. VISTRIA AND ITS LICENSEES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
IN NO EVENT SHALL VISTRIA OR ITS AFFILIATES, OR ANY OF ITS PARTNERS, STOCKHOLDERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, FUNDS AND SUCH FUNDS’ LIMITED PARTNERS, BE LIABLE TO YOU, ANY OTHER USER OF THIS SITE, THIRD-PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), WHETHER FORESEEABLE OR UNFORSEEABLE, ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THIS WEBSITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN THE EVENT OF ANY PROBLEM WITH THIS SITE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.
You agree to indemnify and hold harmless Vistria and its affiliates, and any of its partners, stockholders, members, managers, officers, directors, employees, agents, funds and such funds’ limited partners from and against all losses, expenses, damages and costs (including, but not limited to, reasonable attorneys’ fees and costs) resulting from any violation by you of these Terms.
These Terms are effective unless and until terminated. You may terminate these Terms at any time, provided that you discontinue any further use of the Site. We also may terminate these Terms, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to the Site. Termination shall not affect the respective rights and obligations of you or Vistria arising before the date of termination.
Vistria reserves the right to change these Terms from time to time for any reason in our sole discretion and without prior notice. All changes are effective immediately when we post them to the Site and your continued use of the Site following the posting of revised Terms mean that you accept and agree to the changes; provided that any such changes shall only apply to your use of the Site after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through, signed agreement or otherwise.
Copyright © 2018, The Vistria Group, LP, All Rights Reserved.