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TERMS AND CONDITIONS OF USE
Effective Date: 04/26/2010
BY USING THIS WEBSITE (THIS “WEBSITE”), YOU ACCEPT THE FOLLOWING TERMS AND
CONDITIONS (THIS “AGREEMENT”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
USING THIS WEBSITE. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT USE THIS
WEBSITE. THIS AGREEMENT MAY BE MODIFIED FROM TIME TO TIME AT THE SOLE
DISCRETION OF CORSAIR CAPITAL LLC (“CORSAIR CAPITAL”, AND
TOGETHER WITH ITS AFFILIATES, “CORSAIR”). YOUR CONTINUED USE OF THE
SITE AFTER ANY SUCH MODIFICATIONS SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS
AGREEMENT AS MODIFIED.
You acknowledge and agree that: (i) any interests described herein have not been
registered under the U.S. Securities Act of 1933, as amended, (the “Securities
Act”), the securities laws of any U.S. state or the securities laws of any other
jurisdiction, nor is such registration contemplated; (ii) any interests will be
offered and sold under the exemption provided by Section 4(2) of the Securities
Act and Rule 506 of Regulation D promulgated thereunder and any other similar
exemptions in the laws and regulations of other states and jurisdictions where
the offering will be made; (iii) in the instances where applicable, any
interests will be offered and sold outside the United States under the exemption
provided by Regulation S under the Securities Act; (iv) the interests are
subject to restrictions on transferability and resale and may not be transferred
or resold except as permitted under the agreements relating to the relevant
interest and in compliance with the Securities Act and the applicable securities
laws of any state or other jurisdiction, pursuant to registration or exemption
therefrom; and (v) nothing contained herein constitutes an offer to sell or
solicitation of an offer to buy an interest, nor shall any interest be offered
or sold to any person in any jurisdiction in which such offer, solicitation,
purchase or sale would be unlawful under the laws or regulations of such
jurisdiction.
You should make your own investigations and evaluations of an investment in any
interest referenced on this Website. You should consult your own
attorneys, business advisers and tax advisers as to legal, business, tax and
related matters concerning such interests. Investment in such interests
involves a high degree of risk and you should have the financial ability and
willingness to accept the high risks and lack of liquidity inherent in such an
investment. There is no public market for such interest and no such market
is expected to develop in the future. You should be aware that you may be
required to bear the financial risks of such investments for an indefinite
period of time. No assurance can be given that the investment objective of
any of the investments will be achieved or that you will receive a return of
your capital.
Limited Use
All content, including but not limited to text, logos, graphics and images
included on this Website or any Website owned, operated, licensed or controlled
by Corsair (collectively, the “Content”), is the intellectual property of
Corsair or other persons and is protected by United States and international
copyright and other intellectual property law. Except as otherwise
indicated on this Website, any person using this Website is authorized to copy,
print, or distribute any of the Content only as follows:
1. You may print out individual pages of the Website. However, you may not
extract, copy or download a large portion of the Website, such as by bot,
webcrawler, scraper, spider or other device that “harvests” portions of the
Website.
2. You may download, print and use minimal pages from the Website only for
your personal informational, non-commercial, or non-public purposes.
Unless you receive Corsair Capital’s permission in advance, you may not make
more than minimal copies of the Content, exploit any of the Content
commercially, forward any of the Content as a mass distribution, or post any of
the Content on another website.
3. Any copies of the Website pages must not alter the original Content,
must not remove any copyright, trademark or other proprietary notices or other
legends, and must include the Corsair copyright notice: “© 2010 Corsair Capital
LLC. All Rights Reserved.” You may not alter or modify the Content in your
copies.
4. No one may frame this Website or any portion thereof. Linking to
this Website is permitted,
provided that the link does not falsely imply or suggest that Corsair has
endorsed or is affiliated with the linked website.
Corsair reserves the right to terminate the above authorization and/or change
the permitted uses at any time in its sole discretion.
Prohibited Uses
You agree not to use this Website for any prohibited purpose. The
following are examples of types of uses of the Website that are prohibited:
1. Violations of Law. You are prohibited from using
this Website to commit, or in connection with, criminal or civil violations of
federal, state, local, or international laws, regulations, or other governmental
requirements, or to infringe the rights (including intellectual property,
privacy and publicity rights) of any person. We
reserve the right to report any activity that may violate any law or regulation
to appropriate law enforcement officials, regulators or other third parties, and
we may do so without prior notice to you.
2. Security Violations. You are prohibited from violating, or
attempting to violate, the security of the Website. Any such violations
may result in criminal and civil liabilities to you. Examples of
prohibited security violations include, but are not limited to: (i) attempting
to probe, scan, or test the vulnerability of any system, subsystem or network
related to the Website; and (ii) tampering, hacking, modifying or otherwise
corrupting or breaching security or authentication measures
3. Spam. You are prohibited from using this Website in
connection with spam. Spam includes, but is not limited to, any of the
following activities: (i) sending any unsolicited e-mail that could be expected,
in Corsair’s sole discretion, to provoke complaints; (ii) sending unsolicited
e-mail without identifying in the e-mail a clear and easy means to be excluded
from receiving additional e-mail from the originator of the e-mail; and (iii)
sending e-mail that does not accurately identify the sender, the sender’s return
address, and the e-mail address of origin.
We reserve the right to determine, in our sole discretion, whether you have used
the Website in a prohibited way. We will monitor the Website and, when we
become aware that the Website is being used for a prohibited purpose (or an
attempt has been made to do so), we will take any action we deem appropriate.
We may not notify you before we take action against you.
Trademarks
CORSAIR is, and certain other marks displayed on this Website are, trademarks
and service marks of Corsair. You may not use any of Corsair’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 Corsair’s consent. All other trademarks or service marks
displayed on this Website that are not owned by Corsair are the property of
their respective owners.
Limitations of Liability and Disclaimer
Corsair will not be liable for any damages, injury or loss, including but not
limited to special, consequential or punitive damages, that result from the use
of (or the inability to use) this Website and its Content, or a website linked
to this Website, including any damages or injury caused by any failure of
performance, error, omission, interruption, defect, delay in operation, line
failure, or other computer malfunction, even if Corsair has been advised of the
possibility of such damages, injury or loss. Corsair also assumes no
responsibility for any damages to, or viruses that may infect, your computer
system or other property as a result of your access to, use of, or downloading
of any material from, this Website.
This Website is provided by Corsair Capital on an “as is” and “as available”
basis. Corsair Capital makes no representations or warranties of any kind,
express or implied, as to the operation of this Website or the information
included on this Website. You expressly agree that your use of this
Website is at your sole risk. Corsair Capital does not warrant that the
information on this Website is accurate, reliable or correct, that this Website
will be available at any particular time or location, or that the Website is
free of viruses or other harmful components.
You acknowledge that the Content
of this Website: (i) contains information available as of the publication date,
and Corsair Capital has no obligation to update such Content or to advise you of
any change in the data or statements therein; and (ii) is presented by Corsair
alone, and no other persons (including any Corsair affiliate) are involved in
the presentation. YOU acknowledge
that YOU shall use SUCH Content in a manner based upon YOUR own determination
and evaluation of the information contained therein, and CORSAIR shall not be
responsible for such use.
Linked Websites
This Website may link to or be linked from other websites that are not
maintained by Corsair. Corsair does not endorse, and is not responsible
for the content of any of those websites. Corsair expressly disclaims any
responsibility for your access to or use of such other websites.
International Use
Corsair makes no representation that materials on this Website are appropriate
or available for use in locations outside the United States. Access to
this Website from countries or territories where such access is illegal is
prohibited. Those who choose to access this Website outside the United
States do so on their own initiative and are responsible for compliance with
local laws, rules and regulations regarding online conduct and website access.
Confidentiality
You acknowledge and agree that this Website includes certain information that is
non-public, confidential, proprietary, trade secret or otherwise commercially
sensitive in nature, including, without limitation, information pertaining to
the business of Corsair and its related investment vehicles (collectively,
“Confidential Information”). Without derogating from or otherwise limiting
any confidentiality provisions you may already have agreed to in a partnership
or other agreement with Corsair (“Other Agreement”), you agree not to use any
Confidential Information disclosed in this Website other than in connection with
activities authorized hereby or pursuant to an Other Agreement. You shall
not directly or indirectly disclose, provide, communicate, reveal, share,
provide access to, transfer, copy, distribute or publish, in any manner, any
Confidential Information at any time to any person or entity other than persons
or entities that are bound by the terms and conditions of this Agreement or
cause any such person or entity to disclose, provide, communicate, reveal,
share, provide access to, transfer, copy, distribute or publish, in any manner,
any Confidential Information, and you agree not to directly or indirectly assist
or encourage any such person or entity in so doing. In the event of any
conflict between the foregoing provisions and any confidentiality provisions in
an Other Agreement regarding any matter addressed in, or otherwise covered by,
such Other Agreement, the confidentiality provisions in such Other Agreement
shall control.
Governing Law
You agree that your use of this Website, this Agreement and any disputes
relating thereto shall be governed in all respects by the laws of the State of
New York. Any dispute relating to this Agreement shall be resolved solely
in the state or federal courts located in New York County in the State of New
York.
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