THIS AGREEMENT GOVERNS YOUR USE OF THIS SITE AND ALL CONTENT AND SERVICES AVAILABLE VIA THIS SITE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE.
You are expressly prohibited from (i) using any robot, spider, other automatic device, or manual process to monitor, “mine” or copy the web pages on the Site, (ii) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site, and (iii) taking any action that imposes an unreasonable or disproportionately large load on CCM’s infrastructure.
Sign-In Name and Password Policy
Certain areas of the Site may require you to register prior to being granted access. During the registration process, We will assign to you a unique sign-in name (“Sign-In Name”) and a password (“Password”). Each Sign-In Name and Password can be used by only one user. You are solely responsible for the confidentiality and use of your Sign-In Name and Password, as well as for any use, misuse or communications entered through the Site using your Sign-In Name and Password. You shall notify CCM immediately if you become aware of any loss, theft or unauthorized use of your Sign-In Name or Password and CCM reserves the right to delete or change one or both of them at any time and for any reason.
Intellectual Property Rights in the Site
You acknowledge that the Site and various elements contained therein 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 also acknowledge that the Content is and shall remain the property of CCM or its licensors. You shall comply with all intellectual property laws 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.
“Cerberus Capital Management, L.P.” and all other trademarks, logos and services marks displayed on the Site are trademarks belonging to CCM, its affiliated entities, or its licensors (collectively the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site, without CCM’s prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to benefit of CCM, its affiliated entities, or its licensors, as the case may be.
Linking and Framing
If you believe the Site contains Content that infringes your copyright, please see CCM’s Copyright Infringement Notification Procedures.
CCM, in its sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by CCM. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser and We are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to CCM through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information to CCM through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. CCM, or any of its affiliated entities, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, CCM and its affiliated entities are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information to the Site, you are granting CCM and its affiliated entities a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
No Responsibility for Connectivity
You are responsible for the means you use to access the Site and all costs associated therewith. CCM is not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.
Disclaimer of Warranty
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CCM DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. CCM DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU. CCM DOES NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
No Offers or Reliance
No material available through the Site shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of any of CCM’s affiliated entities. Offers can only be made where lawful under, and in compliance with, applicable law. CCM is not utilizing the Site to provide investment or other advice, and no information or material available through the Site is to be relied upon for the purpose of making or communicating investment or other decisions. CCM does not advise on the tax consequences of any investment. To the extent that past performance is available through the Site, past performance is not indicative of future results, and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
Limitation of Liability
You shall indemnify and hold harmless the CCM Parties for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site, or any violation of this Agreement.
Use of Personally Identifiable Information
Security of the Site
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. CCM reserves the right to view, monitor and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. CCM will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.
Electronic Communications and Contracting
Copyright Infringement Notification Procedures
If you believe that any Content violates yours or a third party’s copyright, please notify CCM by providing the following information to the copyright agent identified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
The Office of the General Counsel
CCM will not knowingly collect Personal Data from children under the age of 13 through this Site, which is not intended for this age group.
Active Information Collection
When you access certain restricted areas of the Site, and/or receive Services, the Site will require you to submit a Password and Sign-In Name. This information is linked to Personal Data that you provided during the Site registration process.
Passive Information Collection
As you navigate through a website, certain personally non-identifiable information can be passively collected (that is, gathered without your actively providing the information) using various technologies and means, such as Internet Protocol addresses, cookies and navigational data collection. The Site only uses Internet Protocol (IP) addresses. An IP Address is a number assigned to your computer by your Internet service provider so you can access the Internet and is generally considered to be non-personally identifiable information, because in most cases an IP address is dynamic (changing each time you connect to the Internet), rather than static (unique to a particular user’s computer). CCM uses your IP address to diagnose problems with CCM’s server, report aggregate information, determine the fastest route for your computer to use in connecting to the Site, and administer and improve the Site.
Use and Disclosure of Information
Access and Correction
To keep your Personal Data accurate, current, and complete, please contact CCM as specified below. CCM will take reasonable steps to update or correct personally identifiable information in CCM’s possession that you have previously submitted via the Site.
CCM takes reasonable steps to protect your Personal Data as you transmit your information from your computer to the Site, and to protect such information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You should keep in mind that no Internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from the Site may not be secure, and you should therefore take special care in deciding what information you send to the Site via e-mail. Moreover, where you use Passwords, Sign-In Names, or other special access features on the Site, it is solely your responsibility to safeguard them.
Links to Other Websites
How to Contact CCM
Cerberus Capital Management, L.P.
875 Third Avenue
New York, NY 10022
Tel: (212) 891-2100
Visit CCM’s Contact Us section.