Terms and Conditions
These Terms and Conditions may be updated by us at any time. Your continued use of the Site after any such modifications shall constitute your acceptance of these Terms and Conditions as modified.
Permitted Uses of the Site and Content
All Content on the Site is the intellectual property of MCCP or other parties, and is protected by copyright and other intellectual property law. We have listed below the permitted uses of the Content by Internet Site visitors. We reserve the right to change our permitted uses at any time.
You may copy and print individual pages of the Site. However, you may not extract, copy or download a large portion of the Content, such as by a bot, webcrawler, scraper, spider or other device that “harvests” portions of the Site. Any copies of the Site pages must not remove any copyright, trademark or other proprietary notices or other legends. You may not alter or modify the Content in your copies.
You may use and print minimal copies of the Content solely for your personal, non-commercial purposes. Unless you receive our written permission in advance, you may not make more than minimal copies of the Content, exploit any of the Content commercially, forward it as a mass distribution, or post it on another Site.
We welcome any questions, comments or other content you choose to submit to us through the Site (including through e-mail links). To avoid any misunderstandings, please be advised that we have the right to (and to allow others to) use, copy and distribute any questions, comments or other content you submit to us, without compensating or notifying you.
While we make reasonable efforts to ensure that the Site is secure, we do not guarantee the security of the Site. Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from the Site may not be secure. Communications to MCCP, particularly those containing confidential information, may be sent by mail to the intended recipient at the appropriate office address contained on the Site.
Prohibited Uses of the Site and Content
MCCP has the right (but not the obligation) to monitor the Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you.
You may not link to the Site or display the Site as “framed” within another website. You may not (and may not encourage others to) violate any law, regulation, rule or the intellectual property, privacy or publicity, or contractual rights of others, or attempt to violate the security of the Site or use or gain access to the identities, information or computers of others, through the Site. You may not: send through the Site any materials or communications that are unlawful or defamatory, indecent, harassing, or otherwise objectionable in our sole discretion; transmit any virus, worm, time bomb or similar system interference or corruption through the Site; or use the Site to engage in any other unauthorized or unwelcome online conduct.
We reserve the right to change or supplement our policies as to prohibited uses at any time.
You agree to indemnify and hold harmless MCCP and its affiliates and their employees, agents and representatives from any and all liabilities, damages, losses, claims, expenses and fees resulting from your violation of the Site’s policies.
No Offer or Advice
The Content is provided for informational purposes only and does not constitute an offer to sell or buy any securities and may not be used or relied upon in connection with any offer or sale of securities. An offer or solicitation will be made only through a final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.
MCCP is not utilizing the Site to provide investment or other advice, and nothing on the Site is to be deemed a recommendation that you buy, sell or hold any security or other investment or that you pursue any investment style or strategy. If you would like investment, accounting, tax or legal advice, you should consult with your own advisors with respect to your individual circumstances and needs.
MCCP and MC Credit Partners and certain other marks displayed on the Site are trademarks (application pending) and service marks of MCCP. You may not use any of MCCP’s trademarks, trade names or service marks in any manner that creates the impression that such names and marks belong to or are associated with you or your affiliates or are used with MCCP’s consent. All other trademarks or service marks on the Site that are not owned by MCCP are the property of their respective owners.
Links to Other Websites
The Site may contain links to, or may be linked from, other websites that are not maintained by us. MCCP does not endorse, have any responsibility for, or make any representations about, any other websites, including their products and services, content, communications and website use policies. MCCP expressly disclaims any responsibility for your access to or use of such other websites.
Limitations of Liability
You acknowledge and accept that: (1) notwithstanding the reasonable efforts by MCCP to avoid technological problems, the Site may not be available, may not function properly or may have or cause technological problems (including, without limitation, computer malfunction, failure of performance, delays, interruptions, defects, errors, worms or viruses) from time to time; and (2) notwithstanding any reasonable security precautions that MCCP or its designee(s) may take, MCCP or its designee cannot, and does not, guarantee that the Site will be free of security problems (including, without limitation, unauthorized interception of data or communications).
Information on the Site speaks only as of the date indicated. While we make reasonable efforts to provide accurate information, at times we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate.
MCCP will not be liable for any damages or injury, including but not limited to special or consequential damages, that result from the use of (or the inability to use) the Site and its contents, or a website linked to the Site, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction, or from any action that you take or decision you make in reliance on any information contained in the Site.
Notwithstanding the foregoing, nothing contained in preceding paragraphs or elsewhere in these Terms and Conditions shall constitute a waiver by you of any of your legal rights under applicable U.S. federal securities laws or any other laws or regulations whose applicability is not permitted to be contractually waived.
THE SITE IS PROVIDED BY MCCP ON AN “AS IS” AND “AS AVAILABLE” BASIS. MCCP does not make and hereby disclaims any express or implied warranties, representations, or endorsements whatsoever, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or warranties of title or non-infringement, as to the operation of the Site or the information included on the Site. MCCP DOES NOT WARRANT THAT THE INFORMATION IN THE SITE IS ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MCCP makes no claims that the Site is appropriate or lawful for use or access outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. If you access the Site from outside the United States, you do so at your own risk. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and website access. Furthermore, our databases are located in the United States. By sending us your data, you consent to its transfer to and storage within the United States.
Governing Law / Forum
These Terms and Conditions are governed by New York law. If we have a dispute regarding this policy or your use of the Site, you agree that it shall be resolved solely in the state or federal courts located in or near New York, New York.
The information contained in the password-protected portion of the website (the “LP Website”) is confidential and is subject to the confidentiality provisions contained in the governing agreements of the relevant entities to which you are a party. As a limited partner of one or more of the MCCP funds, or a representative of such a limited partner, you are subject to those confidentiality provisions. By use of the LP Website you agree that the information relating to MCCP funds in which you are not a limited partner is subject to the same confidentiality restrictions that apply to you as a limited partner in any of the MCCP funds. The information contained in the LP Website may not be reproduced or redistributed in any manner.
The information contained in the LP Website may include material non-public information regarding the MCCP funds and their underlying portfolio companies. It is a violation of U.S. securities laws for a person in possession of material non-public information concerning an issuer to purchase or sell securities of such issuer or to communicate such information to another person under circumstances in which it is reasonably foreseeable that such person is likely to purchase or sell securities.
Password Use, Security and Notification
If you have received a password to access the LP Website, you acknowledge and agree that we have granted you limited access to specific files pertaining to MCCP funds (“Approved Information”), and you agree not to attempt to access computer files other than the Approved Information. You agree that you are responsible for all activities that occur in connection with or arising out of use of your password. Accordingly, you agree to take all reasonable steps to protect the confidentiality of your password and not to allow any other person to use your password or gain access to the LP Website. You agree to notify MCCP immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.
If you have not received a password to access the LP Website, you agree not to attempt to access computer files in the LP Website.
MCCP may terminate your access to the Site or the LP Website for any reason, without prior notice.
© 2013 MC Credit Partners LP. All Rights Reserved.