TERMS AND CONDITIONS OF USE
The use of and access to this website (the “Website”) is governed by these Terms and Conditions of Use. Use of the Website constitutes an agreement by you, the user, that your use is governed by these Terms and Conditions of Use. We may update or otherwise amend these Terms and Conditions of Use at any time in our sole discretion. Your continued use of the Website after any such modifications shall constitute your acceptance of such updated or otherwise amended Terms and Conditions of Use.
Please read this agreement carefully before you start to use the Website. If you do not agree to abide by these Terms and Conditions of Use for any reason, you must not access or use the Website.
Ownership
The works of authorship contained in the Website, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by Altaris, LLC (“Altaris”, “we”, “us” or “our”) or its affiliates or licensors, and shall remain the property of Altaris or its licensors. You acknowledge that the Website and its contents are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed.
You may not copy, reproduce, modify, use, republish, post, upload, distribute or transmit in any way material from the Website, without Altaris’ express written consent. You shall comply with all intellectual property laws and treaty provisions and you shall not encumber any interest in, or assert any rights to, the content. 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.
“Altaris” and all other trademarks, logos and service marks displayed on the Website are trademarks belonging to Altaris, its affiliated entities, or its licensors. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos or service marks displayed on the Website without Altaris’ prior written permission in each instance.
Disclaimer; No Warranties; Limitation of Liability
Altaris does not warrant or guarantee, either expressly or by implication, that any material or information on the Website is accurate, complete, reliable, or current. Altaris is not responsible for any errors or omissions on the Website, whether caused by the source of the information or Altaris. Altaris may change any material or information on the Website at any time without notice, but Altaris does not make any commitment to update or remove material or information on the Website. Your use of the Website and use or reliance upon any of the materials on it are solely at your own risk.
WITHOUT LIMITING THE FOREGOING OR ANYTHING ELSE SET FORTH IN THIS AGREEMENT, THE WEBSITE AND ALL OF ITS CONTENTS ARE MADE AVAILABLE BY ALTARIS “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. ALTARIS MAKES NO WARRANTY THAT THE WEBSITE, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. USERS OF THE WEBSITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE WEBSITE AND ITS CONTENTS AND ACKNOWLEDGE THAT THE WEBSITE AND ITS CONTENTS MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF ALTARIS. ALTARIS DOES NOT REPRESENT OR WARRANT THAT ANY WEBSITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY WEBSITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALTARIS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS), OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, OR CONTENTS FROM OR TO THE WEBSITE.
ALTARIS ASSUMES NO LIABILITY FOR LOSS OR DAMAGE HOWSOEVER RESULTING FROM ANY USE OF OR RELIANCE UPON THE WEBSITE OR ITS CONTENTS. IN NO EVENT WILL ALTARIS OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN WARRANTY, IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE WEBSITE, ITS CONTENTS, THE USE THEREOF, OR THE INABILITY TO USE THE WEBSITE, EVEN IF ALTARIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
The Website is operated and controlled by Altaris in the United States. Altaris makes no warranties that materials on the Website are appropriate or available for use outside of the United States. There may be legal requirements in various countries and jurisdictions which may restrict the information that can be accessed. Persons who obtain information from the Website should inform themselves about and observe any restrictions imposed in the jurisdiction in which the Website is accessed. If it is illegal or prohibited in your country of origin to access or use the Website, then you should not do so. You are responsible for compliance with all local laws and regulations applicable to your use of the Website.
Restrictions on Use
You may not violate or attempt to violate the security of the Website. Tampering with any portion of the Website, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Website, whether or not through the use of agents, are prohibited and constitute a breach of these Terms and Conditions of Use.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) disabling, removing, defeating, or avoiding any security device or system, including, without limitation, any password and login functionality used to authenticate users; (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (e) sending unsolicited email, including promotions and/or advertising of products or services; (f) using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available on the Website and other than generally available third party web browsers; (g) reverse engineering, decompiling or disassembling the underlying software; (h) removing any notices, warnings, labels, annotations or instructions from any portion of the Website or any related material, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions; or (i) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Website.
Any violations of system or network security, including attempts to intentionally access a computer without authorization or exceed your authorized access level, may result in civil and criminal charges, including but not limited to charges under the Computer Fraud and Abuse Act (18 U.S.C. §1030). Altaris may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to the Website if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread, of a virus, security breach or system malfunction.
No Offer or Advice
The information on the Website is provided for informational purposes only. No content or other material on the Website shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of Altaris or any other issuer. Offers can only be made where lawful under, and in compliance with, applicable law. Altaris provides investment advisory services only to the privately offered Altaris funds. Altaris does not solicit or make its services available to the public or other advisory clients. References to “assets under management” refers to the aggregate capital committed to all private equity funds managed by Altaris.
Altaris makes no representations that transactions, products or services discussed on the Website are available or appropriate for sale or use in all jurisdictions or by all investors. Those who access the Website do so at their own initiative and are responsible for compliance with local laws or regulations.
While Altaris uses reasonable efforts to obtain information from reliable sources, Altaris makes no representations or warranties as to the accuracy, reliability or completeness of any information or document at the Website obtained outside of Altaris. Certain information on the Website may contain forward-looking statements, which reflect our views with respect to, among other things, our operations and financial performance. Such forward-looking statements are subject to various risks and uncertainties and speak only as of the date on which they are made. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from this indicated in these statements. You can identify these forward-looking statements by the use of words such as “outlook,” “indicator,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “anticipate,” “optimistic,” “intend,” “plan,” “estimate,” “aim,” “will” or the negative version of these words or similar expressions. Actual results and condition may differ materially from those in the forward-looking statements as a result of a number of factors. Altaris undertakes no obligation to update publicly or revise any information on the Website, whether as a result of new information, future developments or otherwise.
Altaris is not utilizing the Website to provide investment or other advice, and no information or material on the Website is to be deemed a recommendation to buy or sell any securities or is to be relied upon for the purpose of making or communicating investment or other decisions. In addition, no information, content or other materials contained on the Website should be construed or relied upon as investment, legal, accounting, tax or other professional advice or in connection with any offer or sale of securities. Any transactions listed on the Website are included as representative transactions and are not necessarily reflective of overall performance. In any event, past performance is not a guarantee of future results and it should not be assumed that results for portfolio investments will be achieved for other investments. Representative investments are not to be considered a complete list of all investments made or currently held by Altaris funds.
Altaris does not advise on the tax consequences of any investment.
Links
The Website may include links to third party sites which are not related to or maintained by Altaris. Links to third party sites do not imply partnerships, relationships or affiliations with such third parties and Altaris takes no responsibility for the content therein, regardless of whether the link is provided by Altaris or a third party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Website may link, including information on such other website regarding Altaris. By providing access to other website, Altaris is not endorsing the products and services provided by any website’s sponsoring organization.
Other websites may include a link to the Website provided that Altaris has granted its express written consent. Although the Website may be linked to other sites upon permission, Altaris is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the Website you acknowledge and agree that Altaris has not reviewed all the sites that may be linked to the Website and is not responsible for the content of any off-site pages or any other site linked to the Website. You further acknowledge and agree that when you follow links to pages not maintained on the Website, you do so at your own risk. Third parties are expressly prohibited from framing Altaris’ content in any way or any other activity that may create a misimpression or confusion among users with respect to sponsorship or affiliation including, without limitation, hyperlinks or a form of link that disguises the URL and bypasses the homepage. Without the prior express written permission of Altaris, you MAY NOT do any of the following: (1) hyperlink to the Website, whether to its homepage or to an interior page; (2) include information from the site on another Website, on a server computer, or in documents; (3) modify or re-use the information from the Website; or (4) transmit any commands, codes or information to the site, with the exception of those commands necessary to view the Website. Altaris reserves all other rights.
Submitted Materials
Unless specifically requested, we do not solicit, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through the Website, by e-mail, through the “Contact Us” feature, or in any other way. Any information, proposals, requests, creative works, pictures, documents, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent on or through the Website in any manner (collectively, “Submissions”) will be deemed not to be confidential or secret, and may be used by Altaris, anywhere, anytime and for any reason whatsoever. By submitting Submissions on the Website, you: (1) represent and warrant that you have the necessary licenses, rights, consents and permissions to use such Submissions and submit them to the Website; and (2) you grant Altaris (and its affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use such material (in whole or part) in any manner and/or to incorporate it (in whole or in part) in other works (including, without limitation, the Website), products or services in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to the Website, and we may delete or destroy any such Submitted Material at any time.
Material to be Consulted in its Entirety
All materials in the Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
Cookies
We may collect certain aggregate and non-personal information when you visit the Website. We may collect this information through “cookie” technology. Cookies are bits of text that can be placed on your computer’s hard drive when you visit certain web sites. Cookies may enhance your online experience by saving your preferences while you are visiting a particular site. The “help” portion of the toolbar on most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Remember, though, without cookies, you may not be able to take full advantage of all of the Website features.
General Terms and Conditions
These Terms and Conditions of Use are governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. If you take legal action relating to these terms, you agree to file such action only in the state and federal courts located in the State of New York, County of New York. Altaris may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such court. The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. The failure of Altaris to act with respect to a breach of these Terms and Conditions of Use by you or others does not constitute a waiver and will not limit Altaris’ rights with respect to such breach or any subsequent breaches. If any part of these Terms and Conditions of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. You are prohibited from any use of the Website that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by Altaris. The Website may contain additional agreements and disclosures in electronic form. By assenting to this Agreement, you agree that a printed version of these Terms and Conditions of Use and all other agreements entered into by you on the Website in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Indemnification
As a condition of your use of the Website, you agree to indemnify and hold Altaris and its affiliates harmless from and against any and all claims, losses, liability, costs and expenses (including, but not limited, to attorney’s fees), as incurred, arising from your use of the Website or related services or from your violation of these Terms and Conditions of Use.
Representations and Warranties
You represent and warrant that: (i) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms and Conditions of Use; and (ii) you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms and Conditions of Use.
Contact Us
For further information, including with regard to questions about legal issues pertaining to the Website, please use the link on the Contact Us page to reach the webmaster.