Terms and Conditions of Use of Metalmark Website
Metalmark Capital, LLC ("Metalmark") is providing this website (this "Website") as an information service to you. By using this Website or copying materials from this Website, you agree to abide by the terms and conditions set forth below. If you do not agree to abide by these terms and conditions, do not use this Website or copy materials from this Website.
This Website is for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any interest in any investment vehicle managed by Metalmark or any company in which Metalmark or its affiliates have invested. Nothing on this Website constitutes professional and/or financial advice nor does any information on this Website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto.
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 Metalmark and its affiliates disclaim all warranties, expressed or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Metalmark does not warrant the accuracy or completeness of the information or the reliability of any materials displayed on, or distributed through, this Website. The information set forth on this Website may contain inaccuracies and only applies as of the date indicated, if applicable.
Metalmark does not accept information that constitutes a trade secret or confidential and proprietary information, nor does it agree to obligations of nondisclosure or confidentiality with regard to submitted plans or ideas. You agree that any information or materials provided to Metalmark will not be considered confidential or proprietary. In addition, we are under no obligation to return any materials to the sender and we are not limited or restricted in any way from pursuing opportunities with others.
Certain pages of this Website may be password protected in order to ensure that such areas are only available to certain limited partners of funds managed by an affiliate of Metalmark. Such pages are subject to the confidentiality provisions of the respective fund documents. While Metalmark will use reasonable efforts to ensure that the password protected pages of this Website are secure, Metalmark does not guarantee their security.
This Website provides links to websites operated by other entities. In addition, third-party sites may be linked to this Website, with or without Metalmark’s consent. Metalmark 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.
In no event shall Metalmark, nor any of its affiliates, agents, founders or employees 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. Metalmark’s liability is limited to the maximum extent permitted by law and is limited even if Metalmark 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.
By accessing this Website, you agree to indemnify Metalmark and its affiliates, and their respective partners, stockholders, members, managers, officers, directors, employees and agents, and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of this Website. In addition, you hereby release Metalmark and its affiliates, and their respective partners, stockholders, members, managers, officers, directors, employees and agents, from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether suspected or unsuspected, known or unknown, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes. You hereby agree to waive all laws that may limit the efficacy of such releases.
Unless otherwise expressly set forth herein, Metalmark makes no representation that materials on this Website are appropriate or available for use in any location. Those who choose to access this Website do so on their own initiative and are responsible for compliance with local laws.
The terms and conditions of use set forth herein shall be governed by the laws of New York, without giving effect to its conflict of laws provisions. Any dispute relating to the above shall be brought solely in the state or federal courts located in New York City, New York and it is agreed that such courts shall have jurisdiction over the parties to these Terms and Conditions of Use and any dispute hereunder. The terms and conditions set forth in this section constitute the entire agreement between Metalmark and you with respect to your use of this Website. Any cause of action you may have with respect to your use of this Website must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision hereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms, and the remainder shall continue in full force and effect.
Metalmark reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Website or these terms, in whole or in part, at any time. Changes will be effective when posted.
Unless otherwise indicated, the content, including the text and images herein and their arrangement, is:
Copyright © 2007 by Metalmark Holdings. All rights reserved.
You may not copy or display for redistribution to third parties any portion of the content without the prior written permission of Metalmark.
