PRIVACY POLICY

Terms of Use

 

Last update: July 2014

Welcome to the Mergersclub Website. Please read the Terms of Use and Privacy Policy carefully before using this Web Site.

By utilizing this Website, you acknowledge that you have read, understand and agree to these Terms of Use. If you do not agree to these Terms of Use, you should not use this Web Site.

Mergersclub reserves the right to update or change these Terms of Use at any time and for any reason. If we make significant changes to our policies, we will post a notice on our home page or alert you to such changes by other similar means. By continuing to use this Website, you agree to be bound by any such revisions, and therefore, you should visit this page of this Website periodically and print the latest version of these Terms of Use for your records. For your information, the date of the last update to these Terms of Use is stated at the top of this document.

 

1. GENERAL LEGAL PROVISIONS

Third Party Links:
This Website may include links to third party web sites which may include opinions, information or recommendations of various individuals, organizations or companies. In providing such links, Mergersclub does not represent to you that it has investigated the content of such third party websites. Mergersclub does not warrant or guarantee the accuracy of any content included on third party websites nor does it endorse, credential or accredit any opinions, recommendations or information included on such third-party websites. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such websites.
Governing Law and Jurisdiction:
The use of this Website and these Terms of Use are governed by the European Union law.
International Laws:
Mergersclub makes no claims that the Content of the Website is appropriate or may be downloaded outside of the European Union. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside the European Union, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Assignment:
Mergersclub may assign its rights and duties under these Terms of Use to any party at any time without notice to you and/or your approval.

 

2. DISCLAIMER OF LIABILITY

No data or statement herein is or should be construed to be an investment recommendation. Reliance on information provided on this Website is solely at your own risk. Opinions expressed by authors of articles do not necessarily agree with those held by Mergersclub, and Mergersclub disclaims any intent to make investment recommendations.

We provide our visitors with access to a wide collection of resources for general informational purposes only. These resources are provided on an “AS IS” basis, and Mergersclub assumes no responsibility for the timeliness, reliability, completeness, or accuracy of any information contained in these resources.

At Mergersclub, we believe in partnering with our portfolio companies, and we often refer to ourselves as “partners” with company founders and management or as operating “in partnership” with company founders and management. We also regularly involve experienced operating executives as “operating partners” for our portfolio companies. Under no circumstances do we intend, nor should anyone assume, that we or those operating executives have any liability for any obligations or actions of our portfolio companies.

In addition, although certain individuals are identified on this website with titles such as “Managing Partners”, “Partners”, or “Senior Operating Partners”, such titles reflect business usage that is customary within the private equity industry. These titles do not necessarily indicate any such individual is actually a general partner as those terms are used for legal purposes.

 

3. LEGAL NOTICES

Disclaimers:
ALL INFORMATION, MATERIALS, SERVICES AND ADVICE CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE, INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, AND “COOKIES,” ARE PROVIDED ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERGERSCLUB DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS STRAINS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

MERGERSCLUB DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION (INCLUDING, WITHOUT LIMITATION, INFORMATION PROVIDED BY A THIRD PARTY), MATERIALS, AND SERVICES PROVIDED ON THIS WEBSITE ARE ACCURATE, RELIABLE, COMPLETE OR CURRENT.

Limitation of Liability:
IN NO EVENT SHALL MERGERSCLUB, NOR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT DAMAGES. IN NO EVENT SHALL MERGERSCLUB, NOR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY SERVICE OFFERED THROUGH THIS WEBSITE OR ANY MATERIAL OR INFORMATION CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MERGERSCLUB IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. IN NO EVENT IS MERGERSCLUB LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY’S ACTS OR OMISSIONS.
PAYMENT BY MERGERSCLUB OR RETENTION BY YOU OF DIRECT DAMAGES, AS LIMITED BY THE FOREGOING SENTENCES, IS YOUR SOLE AND EXCLUSIVE REMEDY IN EXHAUSTION OF ALL OTHER REMEDIES UNDER THESE TERMS OF USE, AT LAW OR IN EQUITY, AND SUCH REMEDY IS NOT DEEMED OR ALLEGED BY YOU TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT IS MERGERSCLUB LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY’S ACTS OR OMISSIONS.

ANY CLAIMS AGAINST MERGERSCLUB ARISING IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR ANY SERVICE, PRODUCT OR INFORMATION OFFERED OR PURCHASED THROUGH THIS WEBSITE MUST BE BROUGHT AGAINST MERGERSCLUB WITHIN SIX (6) MONTHS OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.

WHEN USING THIS WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH MAY BE BEYOND THE CONTROL AND JURISDICTION OF MERGERSCLUB AND ITS SUPPLIERS. ACCORDINGLY, MERGERSCLUB ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THIS WEB SITE.

Certain Jurisdictions:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the above disclaimers and limitations may not apply to you if you reside in such a jurisdiction. You may also have other legal rights that vary from Country to Country.

 

4. INTELLECTUAL PROPERTY

Copyrights:
All of the content included on this Website, including text, art, graphics, logos, button icons, images, pictures, audio clips and software (“Content”), is the property of Mergersclub, its members, partners or content providers, and is protected by international copyright laws. Except as granted in the limited license below, you may not modify, reproduce, prepare derivative works, distribute, post or transmit any Content without the express prior written consent of Mergersclub.
Trademarks:
All trademarks, trade names, logos, brand names and service marks (“Marks”) of Mergersclub, whether registered or unregistered, are the property of Mergersclub and are protected by U.E. and international trademark laws. All other Marks appearing on this Website are the property of their respective owners. Except as granted in the limited license below, nothing contained on the Website should be construed as granting any license or right to use any Mark displayed on this Website without the express written permission of Mergersclub or such third-party that may own the Mark.
Limited License:
As a user of the Website, you may download the Content, Marks and other materials (collectively the “Materials”) on this Website solely for your personal, non-commercial use. This Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Mergersclub.
Infringements:
If you think that any of the Materials posted to this Website infringes a copyright, trademark, patent or other right of another party, please contact with compliance@mergersclub.com

 

5. RESTRICTIONS/PASSWORDS AND TERMINATION

Restrictions on Use: You may not
(i) use this Website in order to invade the privacy of, obtain the identity of, or obtain any personal information about any other user of this Website;
(ii) modify, erase or damage any information contained on the computer of any user connected to this Website;
(iii) reverse engineer any portion of this Website; or
(iv) use this Website or Materials in any manner that is inconsistent with the limited license granted herein.