Terms of Use - (please scroll down)
By accessing this web site and any materials presented herein (the "Site"),
you accept in their entirety the following terms and conditions pertaining to
the use of the Site. Pacific Asset Partners reserves the right to change the
terms, conditions and notices under which this Site is offered without notice
at any time. Each use of the Site constitutes your agreement to be bound by
the then-current terms and conditions set forth in these Terms of Use.
1. Limited License to Use the Site
Except as specifically permitted below, nothing contained in these Terms of
Use or the Site itself either grant or will be construed to grant to you or
any third party any title or interest in, or any license or right to use or
reproduce, any image, text, software, code, trademark, logo or service mark
contained in the Site, including without limitation the name or logo of Pacific
Asset Partners or any of its affiliates. Any data that you transmit to the Site
(including without limitation personally-identifiable information) becomes the
property of Pacific Asset Partners and may be used by Pacific Asset Partners
for any lawful purpose without restriction, subject to the Privacy Policy set
forth below. Pacific Asset Partners reserves, and will enforce to the fullest
extent possible, all rights that it may have with respect to copyright and trademark
ownership of all material contained in the Site.
Pacific Asset Partners grants you a limited, nonexclusive license to display
and otherwise use portions of the Site solely for your own private, non-commercial
informational purposes only, and to print pages from the Site only in connection
with that use. You may not modify, distribute, transmit, perform, reproduce,
publish, license, create derivative works from, transfer or sell any text, graphics,
logos and other source-identifying symbols, designs, icons, images, or other
information, software or code obtained from the Site.
2. No Offer of Securities
Under no circumstances should any material at the Site be used or considered
as an offer to sell or a solicitation of an offer to buy any interest in any
investment fund sponsored or managed by Pacific Asset Partners's affiliates.
Any such offer or solicitation can and will be made only by means of the Confidential
Information Memorandum of each such investment fund, only in jurisdictions in
which such an offer would be lawful and only to individuals who meet the investor
suitability and sophistication requirements of each such investment fund, including
qualifying as accredited investors within the meaning of the Securities Act
of 1933, as amended. Access to information about the investment funds is similarly
limited to individuals who meet the applicable investor suitability and sophistication
requirements.
3. Password-Protected Areas
Portions of the Site are password-protected and are accessible only to users
who have been issued passwords by an authorized representative of Pacific Asset
Partners. Passwords are issued only to current investors in an investment fund
sponsored or managed by Pacific Asset Partners's affiliates, or to prospective
investors who are eligible to receive a Confidential Information Memorandum
for one or more of those investment funds. Password-protected portions of the
Site may contain performance information for the investment funds sponsored
or managed by Pacific Asset Partners's affiliates. Users of the Site acknowledge
that past performance is not necessarily indicative of future results.
4. Privacy Policy
In using portions of the Site, you may be asked to provide Pacific Asset Partners
with personal information about you. Personal information is any information
that can be used to identify or contact a specific individual or company. Pacific
Asset Partners may use personally-identifiable information for its own internal
purposes, or on behalf of its affiliates. Pacific Asset Partners will not transfer,
sell or disclose your personal information to any other third party without
your prior consent, except as may be required by law (such as a subpoena, search
warrant or other court order, or pursuant to the order of any regulatory body
having jurisdiction over Pacific Asset Partners or its affiliates) or to protect
the integrity of the Site. In general, Pacific Asset Partners's business practices
limit access to personal information obtained through your use of the Site to
those personnel who need to know such information to conduct Pacific Asset Partners's
or its affiliates' operations. Pacific Asset Partners maintains physical, electronic
and procedural safeguards designed to protect such information from unauthorized
access or use. Pacific Asset Partners will use personal information obtained
through your use of the Site only in accordance with the privacy policy in effect
at the time such information was provided.
Special Provisions for European Users:
By providing Pacific Asset Partners with data: (i) you acknowledge and agree
that due to the international operations of Pacific Asset Partners and its affiliates,
Pacific Asset Partners may provide personal information, in accordance with
this Privacy Policy, to Pacific Asset Partners's affiliates that may be outside
your resident jurisdiction, and that such data may be stored on servers located
in other jurisdictions; and (ii) you consent to the transfer of such data outside
of the European Union as described in this Privacy Policy. If you do not consent
to the terms of this Privacy Policy, please do not use the Site, and, if you
have provided personal identifying data, please contact Pacific Asset Partners
about how you would like Pacific Asset Partners to handle such data.
5. No Reliance
While Pacific Asset Partners uses reasonable efforts to update the information
contained in the Site, Pacific Asset Partners makes no representations or warranties
as to the accuracy, reliability or completeness of any information at the Site.
Any content of the Site is subject to change without notice.
6. Materials to be Consulted in its Entirety
All materials at the Site are meant to be reviewed in their entirety, including
any footnotes, legal disclaimers, restrictions or disclosures, and any copyright
or proprietary notices. Any disclaimers, restrictions or disclosures apply to
any partial document or material in the same manner as they do the whole, and
will be deemed incorporated in the portion of any material or document that
you consult or download.
7. Links to Third Party Web Sites
Pacific Asset Partners has not reviewed any of the web sites that may be linked
to the Site, and is not responsible for their content. Pacific Asset Partners
is not responsible for the privacy practices of such other web sites. Your linking
to or use of any off-site pages or other web sites is at your own risk. Pacific
Asset Partners's inclusion of links to other web sites does not imply any endorsement
of the material located on or linked to by such web sites.
8. No Warranty
Pacific Asset Partners, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, PRINCIPALS,
AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
REGARDING THE SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS
CONTAINED ON OR PRESENTED THROUGH THE SITE. ALL SUCH INFORMATION AND MATERIALS
ARE PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY KIND. Pacific Asset
Partners HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD
TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT
AND AVAILABILITY.
9. Limitation of Liability
IN NO EVENT SHALL Pacific Asset Partners, ITS AFFILIATES, OR THEIR OFFICERS,
DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES,
LOSSES, COSTS OR DAMAGES, INCLUDING INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE
USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY IN USING THE SITE, OR
(II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE, OR (III) OTHERWISE
ARISING OUT OF THE USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING
IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN
IF Pacific Asset Partners, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS,
PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
10. General
These Terms of Use are governed by the internal laws of the State of California,
without reference to their conflicts of laws provisions. You consent to the
jurisdiction of, and venue shall lie in, any federal or state court located
in San Francisco, CA, U.S.A., as the exclusive jurisdiction and venue for the
adjudication of all disputes arising out of or relating to the use of the Site.
You hereby appoint the Secretary of State of the State of Illinois as your agent
for service of process in any such proceeding.
Any notice to Pacific Asset Partners shall be given in writing and sent by registered
mail to Pacific Asset Partners, Two Embarcadero Center, Suite 1340, San Francisco,
CA 94111.
If any provision of these Terms of Use is held to be invalid or unenforceable
in any jurisdiction, such provision shall be deemed modified to the minimum
extent necessary so that such provision shall no longer be held to be invalid
or unenforceable, and these Terms of Use shall be interpreted so as to achieve
the intent expressed herein to the greatest extent possible in the jurisdiction
in question. Any such modification, invalidity or unenforceability shall be
strictly limited both to such provision and to such jurisdiction.