TERMS OF USE
Legal Information
Welcome to the website of GI Manager L.P. together with its affiliated funds, separate accounts, and management entities “GI Partners” or “we”. Please read these Terms and Conditions of Website Use (“Terms of Use”) carefully before using this website (the “Site”). These Terms of Use set forth the legally binding terms and conditions that govern your access to and use of this Site and its contents. By using the Site, you accept these Terms of Use and our Privacy Policy (included below). If you do not agree to these Terms of Use for any reason, please do not use this Site. These Terms of Use constitute an agreement between you and GI Partners (the “Agreement”) and govern your access and use of the Site. GI Partners may change, add, or remove portions of the Terms of Use from time to time and any modifications will be effective immediately upon posting unless we indicate otherwise. Your use of the Site indicates your full acceptance of these Terms of Use in its then current form each time you access the Site. We suggest that you review these Terms of Use periodically for changes.
Ownership
All content included on this Site, such as documents, charts, graphics, logos, articles, and other materials, is the property of GI Partners or others and is protected by copyright and other laws. All trademarks and logos displayed on this Site are the property of their respective owners, who may or may not be affiliated with GI Partners. We have listed below the permitted uses of our content by Site visitors. We reserve the right to change our permitted uses at any time.
You may copy and print individual pages of our 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 our 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 our content solely for your personal, non-commercial purposes. Unless you receive our permission in advance, you may not make more than minimal copies of our content, exploit any of our content commercially, forward it as a mass distribution, or post it on another Site.
Informational Purposes Only
Nothing on this Site is an offer or solicitation to buy or sell any security. Although the Site may include investment-related information, nothing on this Site is a recommendation that you purchase, sell, or hold any security or other investment, or that you pursue any investment style or strategy. Nothing on this Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax, or legal advice.
The information contained in the Site may include certain historical investment performance information and forward-looking statements relating to GI Partners as well as to our underlying portfolio companies. Forward-looking statements are not guarantees of the underlying expected actions or future performance and future results may differ significantly from those anticipated by the forward-looking statements. Past performance is not indicative of future results and there can be no assurance that future performance will be comparable to past performance.
Risks You Assume by Using the Site
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. 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 Site. Therefore, this Site is provided on an “as is” basis with no warranties of any kind. We do not warrant that the information on this Site is accurate, reliable, up-to-date, or correct, that this Site will be available at any particular time or location, or that this Site is free of viruses or other harmful components. Your use of this Site and use or reliance upon any of its content is solely at your own risk.
Third Party Websites
These Terms of Use apply only to this Site and not to other websites that may be accessible from this Site via hyperlink. We are responsible only for the content of our own Site and we have no control over other websites that may be accessible from this Site, the contents therein, or the products/services offered thereby. If you access any third party website through our Site or otherwise, you do so at your own risk. Hyperlinks to or from this Site do not constitute third party endorsement of, sponsorship by, or affiliation with us. 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.
Password Use, Security, and Notification
If you have received a password to access the password protected portion of the Site (the “LP Site”), you acknowledge and agree that we have granted you limited access to specific files pertaining to GI Partners (“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 Site. You agree to notify GI Partners 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 Site, you agree not to attempt to access files in the LP Site.
Disclaimer
This Site is provided by GI Partners on an “as is” and “as available” basis. GI Partners 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 this Site or the information included on this Site. GI Partners does not warrant that the information in this Site is accurate, reliable, or correct, that this Site will be available at any particular time or location, or that this Site is free of viruses or other harmful content.
Liability
Neither we nor any of our agents, members, directors, or employees are responsible for any damages, liabilities, or injury, including but not limited to direct, indirect, incidental, special, exemplary, punitive, or consequential damages, or for any lost profits or losses, however caused, arising out of your use of (or inability to use) this Site, whether arising under this Agreement or otherwise. Our liability is limited to the maximum extent permitted by law and is limited even if we have been advised of the possibility of the damages, liability, or injury that you suffer or if any remedy you have fails of its essential purpose, including any damages, liabilities, or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction.
In exchange for using this Site, you agree to indemnify and hold GI Partners, our agents, members, directors, and employees harmless against any and all claims, losses, liabilities, costs, and expenses (including, but not limited to, attorneys’ fees) arising from your use of this Site or your violation of this Agreement. In addition, you understand and agree that your use of this Site is predicated upon your waiver of any right to sue GI Partners, our agents, members, directors, and employees directly or to participate in a suit for any losses or damages resulting from your use of this Site.
Notwithstanding the foregoing, nothing contained in preceding paragraphs or elsewhere in this Agreement shall constitute a waiver by you of any of your legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived.
Governing Law
You agree that your use of this Site and any disputes relating to the Site or the Agreement shall be governed in all respects by the laws of the State of California. Any dispute relating to the above shall be brought solely in the state or federal courts located in San Francisco, California and you expressly consent to the exercise of personal jurisdiction by and to venue in such courts for purposes of resolving such disputes. You agree to bring any claim solely in your individual capacity and you expressly waive any right to bring any claim as part of a group or as a class action.
Severability
If any provision of the Agreement is deemed unlawful, void, or for any reason unenforceable, that provision will be deemed severable from the Agreement and will not affect the validity and enforceability of the remaining provisions. The Agreement constitutes the entire agreement and understanding between you and GI Partners, and supersedes any prior agreement and understandings with respect to your access to or use of the Site.
Important Information Regarding Cetain Biographies
The investments highlighted in Mr. Saer’s biography are a representative sample of the investments in which Mr. Saer played a significant role and was responsible for overseeing while at KKR, although other individuals at KKR were also involved in the management, oversight, and decision-making of such investments. The information described above is presented to acquaint readers with the experience Mr. Saer has in the relevant sectors. No other members of KKR are involved in the management and investment activities of GI Partners.
Awards and Rankings
It is not known to GI Partners, nor has GI Partners investigated, whether the awardees have been rated by these or any other third parties in any way that would conflict with the awards referenced herein. It is possible that a different panel of judges, or a different universe of participants, nominees, or funds, may have achieved different results. There may be other awards for which the awardees were considered but did not receive an award, or other GI Funds or transactions that did not receive any awards or make any rankings. The awards or rankings may not be representative of a particular investor’s experience or the future performance of the awardees. There is no guarantee that similar awards or rankings will be obtained by the awardees or any other funds managed by GI Partners in the future. Notice is provided solely for informational purposes and should not be construed, or relied upon, as any indication of future performance of GI Partners or any of its funds or investments.
