Terms and Conditions of Use
USERS SHOULD READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING THIS WEBSITE.
Welcome to the Thomas H. Lee Partners, L.P. (together with its affiliates, "THL" or "we") website (together with any other websites maintained by THL that may be accessed through this website, the "Website"). By using the Website, you agree to abide by these terms and conditions in their then current form (the "Terms and Conditions of Use"). If you do not agree to abide by these Terms and Conditions of Use, do not use this Website. THL reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Website, including the Terms and Conditions of Use, in whole or in part, at any time. Changes will be effective when posted unless THL indicates otherwise. We suggest that you review these Terms and Conditions of Use periodically for changes. These Terms and Conditions of Use constitute a legally binding agreement between you and THL. By accepting these Terms and Conditions of Use, you represent and warrant to THL that you are authorized to enter into this agreement.
The information contained in the password-protected portion of
the website (the "Restricted Website") is confidential and is
subject to the confidentiality provisions contained in the
partnership agreements of the THL sponsored investment vehicle(s)
or fund(s) to which such information relates (together with any
investment vehicles or funds previously or subsequently offered by
THL or its affiliates, the "THL Funds"). As a limited partner of
one or more of the THL Funds, or a representative of such a limited
partner, you are subject to those confidentiality provisions. The
information contained in the Website may not be reproduced or
redistributed in any manner.
The information contained in the Restricted Website may include material non-public information regarding the THL 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.
All content included on this website, such as documents, charts, graphics, logos, articles and other materials, is the property of THL or others and is protected by copyright and other laws. "THL" is a registered trademark of Thomas H. Lee Partners, L.P. All trademarks and all logos and copyrighted materials displayed on this Website, other than those of THL, are the property of their respective owners, who may or may not be affiliated with THL. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any content or trademark displayed on this Website without the written permission of THL or such other third party that may own the content or trademark displayed on this Website.
By utilizing this Website, you agree not to sell, copy, publish, distribute, transfer, modify, display, reproduce or create derivative works from the materials on this Website for commercial use. You agree not to publish, display or redeliver any of the pages, text, images or content of this Website using "framing" or similar techniques.
Restrictions on Use
THL grants you a limited right to use the Website. Your right to use the Website is subject to your agreement to abide by these Terms and Conditions of Use in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Website. At any time and for any reason, or for no reason, THL may revoke your right to use all or any portion of the Website. THL authorizes you to view and access a single copy of the content available on this Website for your own use. You are not permitted to reproduce or distribute to third parties any such content for commercial use, or for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. Please be advised that THL may record certain usage information, such as the number and frequency of visitors to this Website.
You may not access the Website or use the information contained
in the Website for any illegal purpose or in any manner
inconsistent with these Terms and Conditions of Use. You agree not
to use, transfer, distribute or dispose of any information
contained in the Website in any manner that could compete with the
business of THL or portfolio companies affiliated with THL or funds
managed by THL or its affiliates.
You are not permitted to decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website. You may not publish, broadcast, retransmit, reproduce, repackage, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Website except as explicitly permitted in these Terms and Conditions of Use.
Third Party Websites
This Website provides hyperlinks to websites operated by other entities. THL offers these hyperlinks as an accommodation to you and other users, but does not make any representations with respect to the accuracy, quality or suitability of the content provided on websites located through such hyperlinks, nor are we responsible for the practices of such other websites and sponsoring companies. In addition, third-party sites may be linked to this Website, with or without THL's consent. THL makes no warranty or representation regarding, does not endorse, and does not accept any responsibility for, any websites linked to or from this Website or the information appearing thereon or any of the products or services described thereon. If you access any third party website through this Website or otherwise, you do so at your own risk and you are subjecting yourself to policies and practices employed by the operators of the other websites. We encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.
Informational Purposes Only
This Website does not constitute an offer to sell or a solicitation of an offer to buy any security, including, without limitation, any interest in any investment vehicle managed by THL or any company in which THL, any THL Fund, or any of their respective affiliates, have invested. Nothing on this Website is intended to be, and you should not consider anything on the Website to be, investment, accounting, tax or legal advice, nor does any information on this Website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. Although this Website may include investment-related information, nothing on this Website is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy.
Past Performance Not Indicative of Future Results
Past performance data is provided for illustrative purposes only and should not be construed as a representation as to the performance of any THL Fund or portfolio company thereof following the date of such performance data, or of the future performance of any fund or company affiliated with THL or its affiliates. Information about the THL Funds and investments made by such funds, including past performance of such funds and investments, is provided solely to illustrate THL's investment experience and is not intended to be indicative of future results. Past performance is not a guarantee of future results, and there can be no assurance that any THL Fund will achieve comparable results as those presented, or that investors in such THL Fund will not lose any of their invested capital. Moreover, with respect to unrealized investments, there can be no assurance that such investments will be realized or of the value at which they will be realized.
Forward Looking Statements
The Website may contain various forward looking statements within the meaning of the United States Securities Act of 1933. These statements are made to assist you in understanding the current and potential future performance of portfolio companies held by THL Funds. Such statements include the words "anticipates", "believes", "expects", "intends", "plans", "estimates", "future" and words of similar substance. We base these forward looking statements on our current expectations (or expectations at the time of publication of the applicable materials), which are informed by information developed independently by THL and information from portfolio companies and third parties. These forward looking statements are subject to risks, uncertainties and assumptions that are related to, among other things: anticipated growth strategies, product development, technological advances, legal and regulatory changes, anticipated industry trends and conditions, expected capital needs, the ability to compete in the future and general market risk.
To the extent portfolio companies file periodic reports with the United States Securities and Exchange Commission, we also direct you to the "Risk Factors" disclosure contained in such reports for specific risks associated with investing in such companies, but THL assumes no responsibility for the accuracy, adequacy or timeliness of such disclosure. All Wall Street and/or company estimates included in documents in the Website are included for illustrative purposes only and have not been adapted, endorsed or independently verified by THL. The Website contains certain information which THL has obtained from portfolio companies directly. THL has not confirmed the accuracy of all such information, and is not undertaking any obligation to update or revise any such information. Actual results could and likely will differ, sometimes materially, from those projected or anticipated. THL is not undertaking any obligation to update or revise any forward looking statements, whether as a result of new information, future events or otherwise. You should not take any statements regarding past trends or activities as a representation that the trends or activities will continue in the future. Accordingly, you should not place undue reliance on these statements.
Risks You Assume by Using the Website
Information on the Website 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 Website even if we are aware that it is inaccurate, outdated or otherwise inappropriate. By accessing this Website, you agree that we are not responsible for any action that you take or decision you make in reliance on any information contained in the Website.
Transmissions to and from the Website
THL makes no warranty whatsoever to you, express or implied, regarding the security of the Website, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this Website. While we make reasonable efforts to ensure that the Website is secure, we do not guarantee the security of the Website. Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Website may not be secure. Communications to THL, particularly those containing confidential information, may be sent by mail to: Thomas H. Lee Partners, L.P., 100 Federal Street, Boston, Massachusetts 02110, Attention: Chief Compliance Officer. THL shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a Website user to THL through the Website.
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) forging any TCP/IP packet header or any part of the header information in any email or posting; (g) 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 within the Website and other than generally available third party web browsers; (h) reverse engineering, decompiling or disassembling the underlying software; (i) removing any notices, warnings, labels, annotations or instructions from any portion of the Website and content or any related material, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions; or (j) 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 be a violation of law. THL 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.
Password Use, Security and Notification
If you have received a password to access the Restricted Website, you acknowledge and agree that we have granted you limited access to specific files pertaining to THL 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 Restricted Website. You agree to notify THL 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 Restricted Website, you agree not to attempt to access computer files in the Restricted Website.
Due to the global nature of the Internet, this Website may be accessed by users in countries other than the United States. Unless otherwise expressly set forth herein, THL makes no representation or warranty that materials on this Website are appropriate or available for use in any location. If it is illegal or prohibited in your country of origin to access or use this Website, then you should not do so. Those who choose to access this Website do so on their own initiative and are responsible for compliance with local laws and regulations.
Disclaimer of Warranties
This Website and the information and materials on this Website are provided "as is" and without warranties or representations of any kind either expressed or implied and THL and its affiliates disclaim all warranties, expressed or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. THL does not warrant the availability, accuracy, completeness, timeliness, functionality or reliability of any information on this Website or that this Website will operate "error free." In no event shall THL or its affiliates, or any of their respective partners, stockholders, members, managers, officers, directors, employees, agents, funds and such funds' limited partners (collectively, the "THL Parties"), be responsible for any damages, liabilities or injury, including indirect, incidental, special, punitive, multiple, consequential or other damages, however caused, arising out of your use of (or inability to use) this Website. THL's liability is limited to the maximum extent permitted by law and is limited even if THL has been advised of the possibility of the damages, liability or injury that you suffer, including any damages, liabilities or injury caused by any failure of performance, error, omission, defect, interruption, delay in operation, computer virus, line failure or other computer malfunction. You understand and agree that your use of this Website is predicated upon your waiver of any right to sue THL or its affiliates directly or to participate in a suit for any losses or damages resulting from your use of this Website.
If your use of this Website gives rise to any third party claim against you or any THL Party, you agree to (i) indemnify and hold harmless the THL Parties with respect to any such claim, (ii) release the THL Parties from any such claim and (iii) waive all laws that may limit the efficacy of such release.
THL may terminate your access to the Website, including the Restricted Website, for any reason or no reason, without prior notice.
These Terms and Conditions of Use shall be governed by the laws of the State of Delaware, without giving effect to its conflict of laws provisions. Any dispute relating to these Terms and Conditions of Use shall be brought solely in the state or federal courts located in Delaware and you agree that such courts shall have jurisdiction over you in connection with any such dispute. You must commence any cause of action you may have with respect to your use of this Website within one year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision in these Terms and Conditions of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions of Use, and the remainder shall continue in full force and effect. To the extent these Terms and Conditions of Use conflict with the terms and conditions of use relating to any password-protected area of this Website, the more specific terms and conditions of use relating to such password-protected area shall control.
If any provision of these Terms and Conditions of Use are deemed unlawful, void, or for any reason unenforceable, then such provision will be deemed severable from these Terms and Conditions of Use and will not affect the validity and enforceability of the remaining provisions.
Warning Regarding Web Fraud and Phishing
Founded in 1974, THL is one of the oldest and most experienced private equity firms in the world. We are proud of our history and reputation. But an unfortunate consequence of our size and global reputation is the misuse of our name, brands and reputation by imposters and frauds publishing fake web sites and engaging in "phishing" scams seeking personal or confidential information.
When communicating with THL through digital media, please:
1. Confirm you are visiting a THL authorized website. THL's only authorized websites are posted through the below listed domains. No other web site domains are authorized by THL.
2. Do not share your password and login ID
with anyone, including anyone from THL. Certain THL on-line
environments are private, available only to investors through
secure log-in procedures. Apart from allowing you to use your
password and log-in to enter an authorized site, THL will never ask
you for your password or log in information. (If you forget your
password or login, we will issue you new ones.)
3. Do not communicate or deal with personnel who are not affiliated with an authorized office. All authorized office locations are listed on our contact page. No other office locations are authorized offices of THL.
4. Do not send e-mails to anyone with an address other than authorized THL e-mail addresses. THL only uses the below listed domains for e-mail addresses. THL does not permit our employees and authorized representatives to send or receive work related e-mails from personal accounts or any other address.