By accessing, browsing and/or using this Site, you acknowledge and agree to these Terms and Conditions. If you do not agree to every provision of these Terms and Conditions, you do not have permission to access, browse or use this Site. We reserve the right to revise these Terms and Conditions at any time and for any reason, without notice or obligation, by updating this posting. By accessing, browsing and/or using this Site following the posting of changes to these Terms and Conditions, you accept all provisions of the revised Terms and Conditions. If you do not agree to all of the Terms and Conditions, you agree that your sole remedy is to discontinue use of this Site. Any use of this Site in a manner inconsistent with these terms and conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We strongly recommend that you periodically visit this page of the Site to review these Terms and Conditions. These Terms and Conditions are effective as of February 10, 2012.
1. Restricted Use of Site Materials
As between TA Associates and you, TA Associates is the copyright owner of all the material displayed on and/or accessible through this Site, including without limitation, software, text, graphics, charts, information, images, reports, presentations and other material (collectively referred to as the “Content”). TA Associates grants you a limited right to access and use this Site solely for your own personal, internal, non-commercial use. For your personal non-commercial use only, you may print copies of the Content and store it on your own computer. You may not otherwise download or modify this Site or any Content, except with the prior express written consent of TA Associates. You ARE NOT granted any license for (i) any resale or commercial use of this Site and/or any Content; (ii) any derivative use of this Site or the Content; or (iii) any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use by you shall automatically terminate all rights granted to you hereunder.
TA Associates retains its property rights, including, without limitation, all rights under U.S. and international copyright law, to all Content, (which, for the avoidance of doubt, includes but is not limited to non-textual information components, such as graphic images and trade dress, that are part of or incident to the Content). This means that without the prior express written permission of TA Associates, you MAY NOT (i) distribute Content to others; (ii) include Content on any other web site, on a server computer, or in documents, including but not limited to “mirroring” the information and/or displaying the information by means of HTML frames or similar means; or (iii) modify or re-use the Content. TA Associates reserves all rights not expressly granted herein.
“TA”, the red box logo, and the TA Associates name are trademarks and/or registered trademarks of TA Associates Management, L.P. You acknowledge and agree that any name, logo, trademark, or service mark contained on this Site is owned or used with permission by TA Associates and may not be used by you without the express prior written approval of TA Associates or the relevant owner of the name, logo, trademark or service mark. TA Associates will aggressively enforce its intellectual property rights to the full extent of the law. Your use of any of these materials is prohibited unless specifically permitted by TA Associates in writing prior to any such use. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.
You may not link to this Site from any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other web site or material which could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that TA Associates or other parties involved in creating, producing, or delivering this Site, may monitor or review any links to this Site, TA Associates and such parties, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
Although this Site may link to other web sites (“External Sites”), TA Associates is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any External Site, unless specifically stated herein. By entering this Site you acknowledge and agree that TA Associates has not reviewed the External Sites and is not responsible for the content contained on any External Site. Your access and use of any External Site is at your own risk.
While TA Associates makes reasonable efforts to ensure that the Content is correct, TA Associates makes no warranties or representations as to the accuracy of the Content.
THIS SITE AND ALL CONTENT IS PROVIDED TO YOU “AS IS,” “AS AVAILABLE” AND WITH ALL FAULTS AND TA ASSOCIATES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TA ASSOCIATES ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE.
4. Limitations of Liability
You acknowledge and agree that your use of this Site and any Content is solely at your own risk. IN NO EVENT SHALL TA ASSOCIATES, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT DAMAGES, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LEGAL FEES, EXPERT FEES, OTHER DISBURSEMENTS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) AND YOU SHALL INDEMNIFY THE SAME AGAINST ALL CLAIMS RESULTING FROM, DIRECTLY OR INDIRECTLY, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU FURTHER AGREE THAT YOU HEREBY WAIVE ANY AND ALL LAWS WHICH MAY LIMIT THE EFFICACY OF SUCH RELEASE. IF YOU ARE LOCATED IN A JURISDICTION WHICH DOES NOT ALLOW THE WAIVER OF ANY OR ALL OF THESE WARRANTIES OR LIABILITIES, THE LIMITATION OF LIABILITY OF TA ASSOCIATES, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
5. Applicable Law and Jurisdiction
You agree that the laws of the Commonwealth of Massachusetts, without regard to its principles of conflict of laws, will govern these Terms and Conditions and any dispute concerning or related to these Terms and Conditions. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts sitting in Boston, Massachusetts for the purpose of resolving any dispute relating to your access to or use of this Site. TA Associates may seek injunctive or other appropriate relief in any state of federal court in the Commonwealth of Massachusetts, and you consent to exclusive jurisdiction and venue in such courts. You agree that this may require you to submit any disputes related to the use of this Site to final and binding arbitration in the Commonwealth of Massachusetts.
TA Associates does not claim that this Site is appropriate for your specific jurisdiction. You agree that you are solely responsible for compliance with any laws of your specific jurisdiction and further agree that you shall not use this Site if you are restricted by any local, state, national or international laws.
6. No Offer of Securities or Advice
You acknowledge that this Site or any Content within is not intended to constitute an offer to buy or sell any securities. TA Associates only provides investment advisory services to the TA Associates investment vehicles and does not solicit or make its services available to the public. You acknowledge that the Content of this Site does not provide any tax, legal, accounting or other professional advice.
You acknowledge that specific transactions included on the Site are representative. Representative transactions may not include a complete list of all or current TA Associates investments. Past performance of representative transactions is no guarantee of future results. It should not be assumed that investments made in the future will be profitable or equal to the performance of previous investments. You agree that such information should not be construed as an offer or solicitation of any security or investment product, nor should it be interpreted to contain a recommendation for the sale or purchase of any security or investment product.
7. Termination of the Agreement
TA Associates reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and Conditions and access to all or any part of the Site or the Content, at any time and for any reason without prior notice or liability. TA Associates reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability. If these Terms and Conditions are terminated, this clause and Sections 1, 3, 4, 5, and 9 shall survive the termination of these Terms and Conditions.
8. Privacy Statement
To understand our privacy practices, please review our Privacy Statement which also governs your visit to and use of this Site.
If any of these terms and conditions are deemed invalid, void or unenforceable, such term or condition shall be deemed severable and shall not affect the validity or enforceability of the remaining terms and conditions. Failure of TA Associates to act on or enforce any provision of these Terms and Conditions shall not be construed as a waiver of that provision or any other of these Terms and Conditions.