The following describes the terms (“Terms”) that govern your use of the website (the “Site”). The Site is owned and operated by Industrial Opportunity Partners, LLC (together with its affiliates, “IOP”). If you access the Site, you are agreeing to comply with and be bound by these Terms. If you do not agree to these Terms, you should not review information on or otherwise use the Site.
1. Nature of Information on Our Site
The Site may contain information and press releases about IOP, companies affiliated with IOP, and their various portfolio companies (all of which are collectively referred to hereinafter as the “IOP Parties”). Although we have used reasonable efforts to obtain and provide information from what we believe are reliable sources, we make no representation that the information contained on the Site is accurate or complete. All information is subject to change without notice. You should not take or omit to take any action based upon information on this Site. You should conduct your own investigation and due diligence rather than rely on information on this Site and seek the advice of a suitably qualified professional before taking any action.
The information on the Site is of a general nature only and is intended for management teams and individuals who may seek a business relationship with IOP. Nothing on this Site constitutes or forms a part of any offer, solicitation, invitation or subscription to buy or sell any securities or investments of any kind in any jurisdiction, or any recommendation regarding any securities or investment service or product. None of this Site, or any part of it, or any information contained on this Site, should be relied upon in any connection with any contract or commitment whatsoever. None of the information contained on this Site is intended to be, and shall not be considered to be, incorporated into any securities filings or documents.
Words such as “expects,” “anticipates,” “plans,” “believes,” “scheduled,” “estimates”, “intends”, “aims” and variations of these words and similar expressions are intended to identify forward-looking statements. Any statement regarding the IOP Parties’ future performance, prospects, operations, revenues, financial condition, strategies and demands for products and services shall be considered forward-looking statements, which are entitled to the protections of the safe harbor provisions of the Private Securities Litigation Reform Act of 1995, as amended. These statements are not guarantees of future performance and involve certain risks and uncertainties, which are difficult to predict. Past performance is not a guarantee of future results. No representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
2. Intellectual Property Rights
The text, information, content, organization, graphics, designs, compilation and other material posted or contained on the Site (the “Content”) are protected under applicable copyright, trademark and other intellectual property laws. The Content is either owned by or licensed to the IOP Parties. Except for the limited rights of use described in Section 3 below, the Content may not be reproduced, redistributed, published, broadcast, transmitted, modified, or otherwise used without the prior written consent of the IOP Parties. Any unauthorized use is strictly prohibited.
In addition, “Industrial Opportunity Partners”, “IOP” and associated logos are the trademarks of IOP. Other product and company names mentioned on the Site may be the trademarks of their respective owners.
3. Limited Rights to Use
You have a limited non-exclusive, non-transferable right to view, print and download Content from the Site for your sole use and not for republication, distribution, assignment, sublicense, sale, preparation of derivatives works or other use. We reserve the right in our sole discretion to terminate or restrict your use of our Site, without notice, for any or no reason whatsoever. Your rights hereunder may not be assigned or transferred to any third party.
4. Links to other Sites
The Site may be linked to other web sites, and other websites may be linked to the Site, that are not under the control of or maintained by IOP. You acknowledge that these links are provided to you only as a convenience, and you further agree that IOP not responsible for the content, links or privacy policies displayed on third-party sites. Inclusion of a linked site does not imply approval or endorsement of the linked site by IOP. You access such third-party sites entirely at your own risk.
5. Disclaimers/Limitation of Liability
THE IOP PARTIES MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE OR CONTENT CONTAINED ON THE SITE, INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, AND ANY INFORMATION OR CONTENT CONTAINED ON THE SITE, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS, AND ARE FOR PERSONAL, NON-COMMERCIAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE IOP PARTIES NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, MEMBERS OR STAFF SHALL BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES, LIABILITY OR INJURY YOU MAY SUFFER IN USING THE SITE, INCLUDING INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE OR ANY COMPUTER VIRUS, LINE FAILURE OR OTHER COMPUTER MALFUNCTION) HOWEVER ARISING, WHETHER FOR BREACH OF CONTRACT OR IN TORT OR OTHERWISE, EVEN IF THE IOP PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IOP reserves the right in its sole discretion to edit, modify, delete or add to the Content on the Site at any time with or without notice. In addition, IOP reserves the right in its sole discretion to amend or modify any of these Terms without notice at any time. Your continued use of the Site after the amended or modified Terms are posted constitutes your acceptance of the amended or modified Terms.
7. Submission of Information/Business Plans
Information submitted to the IOP Parties or posted on the Site may be accessible to third parties by means of the Internet or otherwise. You should have no expectation of privacy with respect to any communications on or through the Site. Please do not transmit any confidential information to us or send us any confidential or proprietary material as we do not agree to obligations of nondisclosure or non-use of material which is sent to us. You acknowledge that communications or material you transmit to us by means of the Site or otherwise are public and not private communications.
In addition, the IOP Parties receive numerous business plans and other proposals. These plans and proposals may be similar to one another or overlap. The IOP Parties reserve the right to review only those which fit IOP’s investment criteria and to reject proposals without giving a reason or returning material sent to it. By receiving and reviewing a business plan or proposal, the IOP Parties are not restricted in any way from making investments or pursuing opportunities with others, whether or not they overlap or are competitive with business plans or opportunities provided to us.
8. Use of Site outside the United States
The Site is intended for use within the United States. If you access the Site from outside the United States, you accept all risk associated with your use of the Site and are obligated to ensure that your use of the Site complies with the laws of the jurisdiction in which you are viewing or using the Site.
You agree to indemnify, defend and hold harmless the IOP Parties and each of their officers, directors, partners, attorneys, staff and any of their affiliated and portfolio companies from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of the Site or any decisions you may make based on such use.
These Terms are governed by and shall be construed in accordance with the laws of the State of Illinois, USA, without regard to principles of choice of laws. You agree that the courts of competent jurisdiction in Cook County, Illinois shall have exclusive jurisdiction and venue over all controversies arising out of or relating to these Terms or your use of the Site. Should any part of the Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall take precedence. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.