Effective Date: NOVEMBER 2021
Welcome to the Internet site (the “Site”) of Altamont Capital Management, L.P. and its affiliates (“Altamont”). Please read our Terms and Conditions of Website Use (“Terms and Conditions”) carefully before using our Site.
These Terms and Conditions and all applicable laws, statutes, and/or regulations (“Applicable Laws”) govern your access to and use of this Site and its contents (collectively, the “Content”). By using the Site, you accept these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions for any reason, you may not use this Site, and you agree that your sole and exclusive remedy is to discontinue using this Site. Your breach of any provision of these Terms and Conditions or other agreements will automatically, without the requirement of notice or other action, revoke and terminate your right to access the Site and you will be fully liable for conversion, misappropriation, trespass to chattels and all other claims and causes, regardless of the identity of claimant or injured party, arising from or relating to your continued use of the Site after such breach.
Any portion of the Site and these Terms and Conditions may be changed, modified, updated or removed by us at any time, without prior notice to you. Changes will be effective when posted. Your continued use of the Site after any such modifications shall constitute your acceptance of these Terms and Conditions as modified. The date of the last revision or update appears at the top of the Terms and Conditions under the title.
Nothing contained in these Terms and Conditions is intended to modify or amend any other written agreement you may have with Altamont (including without limitation any partnership agreement, participation agreement or nondisclosure agreement) (“Other Agreements”) if any, that may currently be in effect. In the event of any inconsistency between these Terms and Conditions and any Other Agreements, the Other Agreements will govern.
Permitted Uses of Our Site and Content: All Content on our Site is the intellectual property of Altamont or other parties and is protected by copyright and other intellectual property law. We have listed below the permitted uses of our Content by Internet Site visitors. We reserve the right to change our permitted uses at any time. You may copy and print individual pages of our Site. However, you may not extract, copy or download a large portion of the Content, such as by a bot, webcrawler, scraper, spider or other device that “harvests” portions of the Site. Any copies of our Site pages must not remove any copyright, trademark or other proprietary notices or other legends. You may not alter or modify the Content in your copies. While the Site is intended solely for personal, non-commercial use, you may use and print minimal copies of our Content solely for your personal, non-commercial purposes. Unless you receive our permission in advance, you may not make more than minimal copies of our Content, exploit any of our Content commercially, forward it as a mass distribution or post it on another Site. Please be advised that Altamont may record certain usage information, such as the number and frequency of visitors to this Site.
Submissions: We welcome any questions, comments or other content you choose to submit to us through the Site (including through e-mail links). To avoid any misunderstandings, please be advised that we have the right to (and to allow others to) use, copy and distribute any questions, comments or other content you submit to us, without compensating or notifying you.
Prohibited Uses of Our Site and Content: Altamont has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you.
You agree not to: (i) sell, lease, license, or sublicense our Site or any of the content accessible through our Site; (ii) decompile, disassemble, or reverse engineer our Site, in whole or in part; (iii) write or develop any derivative work based upon our Site or anything else accessible through our Site; (iv) use our Site in violation of any Applicable Laws or these Terms and Conditions; (v) use our Site for purposes of competitive analysis of our Site, the development of competing products or services, spamming or to promote or facilitate disruptive commercial messages or advertisements, or any other purpose that is to the commercial disadvantage of Altamont; (vi) retrieve, index, scrape, harvest, data mine, or otherwise systematically gather or store content of our Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from our Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (vii) send or otherwise transmit to or through our Site or to us through email any unlawful, infringing, harmful, harassing, defamatory, threatening, obscene, offensive, hateful, or otherwise objectionable material of any kind, any material that can cause harm or delay to our Site or computers of any kind, and any unsolicited advertising, solicitation, or promotional materials; (viii) attempt to gain unauthorised access to any part of our Site or any server, computer, or database connected to our Site; (ix) use our Site in any way that may lead to the encouragement, procurement, or carrying out of any criminal activity; (x) use our Site to transmit any malware, spyware, viruses, worms, defects, Trojan horses, malicious, or harmful code or use any items of a destructive nature; or (xi) copy, reproduce, distribute, republish, download, display, post or transmit any part of our Site in any form or by any means, except as expressly stated herein. Unless otherwise indicated, any future release, update, or other addition to functionality of our Site shall be subject to these Terms. All copyright and other proprietary notices on our Site (or on any content displayed on our Site) must be retained on all copies thereof.
You may not link to this Site or display this Site as “framed” within another website. You may not (and may not encourage others to) violate any law, regulation, rule or the intellectual property, privacy or publicity, or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information or computers of others, through this Site. You agree to indemnify and hold harmless Altamont and its affiliates and their employees, agents and representatives from any and all liabilities, damages, losses, claims, expenses and fees resulting from your violation of our website policies.
No Offer or Advice: You acknowledge and agree that the Content is provided solely for general, informational purposes and nothing contained in the Site may be construed as a solicitation, offer, recommendation or representation of suitability or endorsement of any security or investment and may not be used or relied upon in connection with any offer or sale of securities or other assets. An offer or solicitation will be made only through a final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.
Altamont is not providing the Site to provide investment or other advice, and nothing on the Site is to be deemed a recommendation that you buy, sell or hold any security or other investment or that you pursue any investment style or strategy. Nothing contained on the Site is a complete statement of the matters discussed or the law relating thereto. If you would like investment, accounting, tax or legal advice, you should consult with your own advisors with respect to your individual circumstances and needs.
Forward Looking Statements: Certain information on this Site may contain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words “believe” “expect” “anticipate” “optimistic” “intend” “aim” “may” “will” “should” “project” or similar expressions are intended to identify forward-looking statements. Due to various risks and uncertainties, actual events, results or performance may differ materially from those reflected or contemplated in such forward-looking statements. Altamont undertakes no obligation to update publicly or revise any forward-looking statements, whether as a result of new information, future developments or otherwise. No representation or warranty is made as to future performance or such forward-looking statements.
Historical Information: Any transactions described on the Site as having been engaged in by Altamont are included as representative transactions and are not necessarily reflective of overall results of any of Altamont’s businesses. Past performance is not indicative of future results; In considering such prior performance information, there can be no assurance, and 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.
Analysis and Opinions. The market analysis, estimates and similar information, including all statements of opinion and/or belief, contained in the articles posted on this Site are subject to inherent uncertainties and qualifications and are based on a number of assumptions. You should carefully review the information provided regarding such analysis and assumptions. Not all Altamont portfolio investments had the characteristics, prospects, or projected successes highlighted. For a complete list of Altamont’s portfolio investments, please click here. Current portfolio companies are comprehensive across all Altamont funds.
Capital Under Management: Altamont capital under management includes aggregate commitments from all investors, including the general partner of each respective fund. It also includes commitments allocated to transactions that have been completed or exited.
Source of Information: While Altamont uses reasonable efforts to obtain information from sources believed to be reliable, Altamont makes no representation that the information or opinions contained in the Site are accurate, reliable or complete. You are solely responsible for evaluating the risks and merits regarding the use of the Site and should obtain relevant and specific professional advice before making any investment decision.
Trademarks: Altamont Capital Partners and certain other names, logos, trademarks and service marks displayed on this Site are the property of Altamont. You may not use any of Altamont’s trademarks, trade names or service marks in any manner that creates the impression that such names and marks belong to or are associated with you or your affiliates or are used with Altamont’s consent. All other trademarks or service marks on the Site that are not owned by Altamont are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content or Trademark without the written permission of Altamont or other such party that may own the applicable Content or Trademark. Nothing in this Agreement shall constitute a waiver of any trademark, copyright or other intellectual property rights. Altamont reserves the right to enforce its intellectual property rights to the full extent of the law.
Links to Other Websites: This Site contains links to, or may be linked from, other websites that are not maintained by us, including Altamont portfolio companies. Altamont does not endorse, have any responsibility for, or make any representations about, any other websites, including their products and services, content, communications and website use policies. Altamont makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability or any other aspect of the content of such links. The use of third party websites is entirely at your own risk. Altamont expressly disclaims any responsibility for your access to or use of such other websites. We encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.
Limitations of Liability: You acknowledge and accept that: (1) notwithstanding the reasonable efforts by Altamont to avoid technological problems, the Site may not be available, may not function properly or may have or cause technological problems (including, without limitation, computer malfunction, failure of performance, delays, interruptions, defects, errors, worms or viruses) from time to time; and (2) notwithstanding any reasonable security precautions that Altamont or its designee may take, Altamont or its designee cannot, and does not, guarantee that the Site will be free of security problems (including, without limitation, unauthorized interception of data or communications).
Information on the Site speaks only as of the date indicated. While we make reasonable efforts to provide accurate information, at times we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate.
Altamont will not be liable for any damages or injury, including but not limited to special or consequential damages, that result from the use of (or the inability to use) this Site and its contents, or a website linked to this Site, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction.
Notwithstanding the foregoing, nothing contained in preceding paragraphs or elsewhere shall constitute a waiver by you of any of your legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived.
Disclaimer: THIS WEBSITE IS PROVIDED BY ALTAMONT ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALTAMONT SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON THE INFORMATION PRESENTED ON OUR SITE. ALTAMONT EXPRESSLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUR OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OUR SITE, EVEN IF ALTAMONT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF OUR SITE, THE INABILITY TO USE OUR WEBSITES, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR SITE.
International Use: Altamont makes no claims that this site is appropriate or lawful for use or access outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. If you access this website from outside the United States, you do so at your own risk. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and website access. Furthermore, our databases are located in the United States. By sending us your data, you consent to its transfer to and storage within the United States.
Governing Law/Forum: This Site is made available to you from the state of California in the United States. These Terms and Conditions are governed by California law, without regard to its principles of conflicts of laws. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts sitting in Santa Clara County, California for the purpose of resolving any dispute relating to your access to or use of the Site. Notwithstanding the foregoing, you expressly acknowledge and agree that Altamont may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to exclusive jurisdiction and venue in such courts. You agree that this may require you to submit any disputes relating to the use of the Site to final and binding arbitration in the state of California.
Severability: If any provision of these Terms and Conditions are deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions.