TERMS OF USE

 

POLICIES & TERMS OF USE, May 2013

Thank you for visiting the website (the “Website”) of CCMP Capital Advisors, LLC (“CCMP Capital”, “we” or “us”). Please read these Terms of Use carefully. By accessing the Website you agree to be bound by the Terms of Use set forth below, including the Privacy Policy herein. These Terms of Use are subject to change without notice, from time to time, in our sole discretion. We will notify you of amendments to these Terms of Use by posting them to the Website. If you do not agree with these Terms of Use, please do not access the Website. Your use of the Website shall constitute your acceptance of these Terms of Use as they are modified from time to time.

You are strictly prohibited from unauthorized use of our systems or the Website, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to the Website.

PRIVACY POLICY

Our Privacy Policy seeks to provide you with an understanding of to what extent we collect information about visitors to the Website and how we use such information. Please note that this Privacy Policy applies only to the Website and not to any other website that might be linked to it. This Privacy Policy does not address our privacy practices with respect to any nonpublic personal information we may collect from individual investors in any investment product that we sponsor or manage; such practices are addressed in separate notices to investors or potential investors.

We may monitor, track and record certain data about your use of the Website, thereby allowing us to collect information such as the number and frequency of visitors to the Website, the internet browsers used by visitors and visitors’ IP addresses. Such information is aggregated and will not be tied to you in any personally-identifiable manner other than your IP address. Anyone using the Website expressly consents to such monitoring, tracking and recording.
 

You acknowledge that we may disclose and transfer any information that you provide through the Website to (i) any of our subsidiaries or other affiliates, agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through the Website you agree to such transfers.
 

We may revise this Privacy Policy from time to time. Revisions will be posted on the Website. You are responsible for being familiar with the current version of this Privacy Policy posted on the Website during each session.

NOT A SOLICITATION FOR INVESTORS; NO ADVICE

The Website is for informational purposes only and is not intended to solicit investors anywhere in the world for any security or investment product managed by CCMP Capital, and should not be relied upon for such purpose. An offer or solicitation for any security or investment product offered by CCMP Capital will be made only through a private placement memorandum, subscription agreement and other applicable offering documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents.

Furthermore, the Website does not intend to provide investment, accounting tax or legal advice. CCMP Capital does not represent that any security or investment product or service referred to on the Website is suitable for any specific investor. Nothing in the Website should be deemed a recommendation to you to buy, sell or hold any security or other investment or that you pursue any investment style or strategy. Investors are encouraged to consult with their own advisors with respect to their individual circumstances and needs if they would like investment, accounting, tax or legal advice.

CERTAIN UNITED KINGDOM RESTRICTIONS

The content of the Website is only directed at persons in the United Kingdom who are “Investment Professionals” (being persons having professional experience in matters relating to investments) within the meaning of Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 or who are persons to whom any of paragraphs (2)(a) to (d) of Article 49 (high net worth companies, unincorporated associations etc.) of that Order apply. CCMP Capital will engage in investment activity or controlled activity only with such persons. Persons in the United Kingdom that do not have professional experience should not rely or act upon the content of the Website unless they are persons in the United Kingdom to whom any of paragraphs (2)(a) to (d) of Article 49 apply.

CCMP Capital is responsible for maintaining the Website and as such, no part of the Website has been issued, approved or verified by CCMP Capital Advisors (UK) II Limited (“CCMP UK”). Accordingly CCMP UK does not accept any responsibility or liability for information contained in the Website. 

WEBSITE CONTENT & MATERIALS

The information on the Website is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. All opinions, estimates and forecasts on the Website are based on information available to us as of the date any such opinions, estimates or forecasts are posted on the Website, may be based on certain assumptions and are subject to change. Each user accesses, uses, and relies upon such content at such user's own risk. Please seek the advice of professionals as necessary regarding the evaluation of any content on the Website.

WE MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY OR, IF NO DATE IS STATED, THE DATE OF FIRST POSTING. WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY INFORMATION ON THE WEBSITE. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL WEBSITE TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU.
 

Any investments which are described or referred to on the Website are included as examples of representative investments for illustrative purposes only and are not necessarily indicative of future investments or of future performance.

Copyright Notices

The works of authorship contained in the Website, including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by CCMP Capital or one of its subsidiaries or other affiliates. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the owner's prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of the owner's proprietary rights.

Trademark Notices

"CCMP", "CCMP Capital", and the CCMP Capital logo are trademarks of CCMP Capital. “Chase”, “Chase Manhattan”, “Chemical”, “JPMorgan”, “JPMorgan Chase”, “Manufacturers Hanover”, the Chemical Broken Line Symbol and the JPMorgan Chase Octagon Symbol are registered trademarks of JPMorgan Chase & Co. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners in the United States and/or other countries.

Prohibited Uses

CCMP Capital does not grant, by implication, estoppel or otherwise, any license or right to use any content on the Website except as expressly provided in these Terms of Use, and you shall not make any other use of such content without CCMP Capital’s written permission. Materials and information posted on the Website may be printed for your use so long as you do not remove any copyright, trademark or other notice as may be contained in information, as downloaded, provided, however, that third party exchange data, if any, may not be downloaded, printed or redistributed for any purposes whatsoever. You may not alter or modify the contents of the Website in your copies.

Materials and information posted on the Website may not be duplicated, copied, re-disseminated or re-distributed to any other person or entity. Re-dissemination and re-distribution includes, without limitation, making any such materials and information available via the Internet or via any other electronic means of access. You may not extract, copy or download a large portion of the content of the Website, such as by a bot, webcrawler, scraper, spider or other device that “harvests” portions of the Website.

Unless you receive our permission in advance, you may not exploit any content on the Website commercially. You may not (and may not encourage others to) violate any law, regulation, rule or the intellectual property or contractual rights of others, or attempt to violate the security of the Website or use or gain access to the identities, information or computers of others through the Website. You may not transmit any virus, worm, time bomb or similar system interference or corruptant through the Website, or use the Website to send any materials or communications that are unlawful or defamatory, indecent, harassing or otherwise objectionable in our sole discretion.

POTENTIAL DISRUPTION OF SERVICE

You shall be responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed to access and use the Website. Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:

  • hardware failure, including among other things, failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
  • software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
  • overload of system capacities;
  • damage caused by severe weather, earthquakes, wars, insurrection, riots, terrorism, civil commotion, acts of God, accidents, fire, water damage, explosions, mechanical breakdowns or natural disasters;
  • interruption (whether partial or total) of power supplies or other utility of service;
  • strike or other stoppage (whether partial or total) of labor;
  • governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
  • any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond our control.

CCMP Capital accepts no liability for the unavailability of the Website at any time for any reason.

Links to Other Sites

Links to unaffiliated websites are provided solely as pointers to information on topics that may be useful to users of the Website, and we have no control over the content on such websites. If you choose to link to a website we do not control, we make no warranties, either express or implied, concerning your use of or inability to use such site, the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. We do not guarantee the authenticity of documents on the Internet. Links to unaffiliated sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites and we expressly disclaim any such endorsement or representation. In addition, these third party websites may have a privacy policy or security practices different from the Website so it is important to read the policies of those sites before sharing your personal information.

Legal Entity Disclosure

CCMP Capital is the marketing name for CCMP Capital Advisors, LLC and its subsidiaries and affiliates worldwide.

LIMITATION OF LIABILITY; INDEMNITY

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED "AS IS" AND "AS AVAILABLE". WE, OUR AFFILIATES, AND ANY THIRD PARTY DATA PROVIDERS:

  • ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE (AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY AND REPRESENTATION);
  • DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE;
  • DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION; AND
  • WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL.

NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

As consideration for access to the Website, you agree to indemnify and hold harmless CCMP Capital and its affiliates and their employees, agents and representatives from any and all liabilities, damages, losses, claims, expenses (including attorneys’ fees or other fees) and causes of action, including actions by third parties against you or any of them, resulting from any decisions that you make based on the Website or its content, your use of the Website, or your violation of our website policies.

TERMINATION

You agree that CCMP Capital may terminate your access to the Website for any reason, without prior notice.

INTERNATIONAL USE

The content provided on the Website is, unless otherwise specified, directed at residents of the United States, and not intended for distribution to, or use by, any person or entity in any country or territory where such distribution or use would be contrary to law or regulation or which would subject CCMP Capital or any of its affiliates to any registration or other requirement within such country or territory. CCMP Capital makes no representations or warranties that the Website is appropriate or available for use in countries or territories outside of the United States. Access to the Website from countries or territories where such access is illegal is prohibited. Visitors who choose to access the Website from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

GOVERNING LAW AND INTERPRETATION

If any of the terms or provisions of these Terms and of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and of Use shall be subject to any other agreements you have entered into with us. The section headings used herein are for convenience only and shall not be given any legal import.

Your access to and use of the Website, and the terms of this disclaimer are governed by the laws of the State of New York and applicable U.S. federal laws.

In addition, any action against CCMP Capital arising from or relating to your access to and use of the Website, and the terms and conditions of this agreement, must be brought by you in state or federal court located in the State of New York, County of New York. You also consent to the jurisdiction and venue of the state and federal courts located within the State of New York, County of New York, for the adjudication of all claims by CCMP Capital against you arising from or relating to your access to and use of the Website, and the terms and conditions of this agreement.

IMPORTANT INFORMATION CONCERNING CCMP CAPITAL’S RELATIONSHIP WITH JPMORGAN CHASE & CO.

On August 1, 2006, the buyout and growth equity investment team of J.P. Morgan Partners, LLC (“JPMP”) separated from JPMorgan Chase & Co. (“JPMorgan”) to form CCMP Capital (the “Spin-Out”). CCMP Capital sub-manages the JPMP private equity portfolio for JPMorgan. References to the investment activities and representative investments by CCMP Capital prior to the Spin-Out refer to the investment activities of and transactions by CCMP Capital current and former investment professionals while at JPMP or its predecessors.

The Website may contain certain information about the investment activities and the investment portfolio of JPMP and its affiliates that were managed by the CCMP Capital current and former investment professionals during their tenure with JPMP and certain of its predecessors. CCMP Capital has no affiliation with JPMorgan, JPMP or any of their affiliates. In no respects should JPMorgan, JPMP or any of their affiliates be considered to have approved or disapproved any of the information set forth on the Website.

 

Copyright Notice

Copyright © 2013 CCMP Capital Advisors, LLC.  All rights reserved.