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EXPONENT PRIVATE EQUITY LLP - WEB SITE TERMS AND CONDITIONS

Your use of this Exponent Private Equity LLP (together with its affiliates, "Exponent") web site operated from URL "www.exponentpe.com" and the information contained therein (including any password-protected sections, the "Web Site") is subject to the following terms and conditions as may be amended by Exponent from time to time (these "Terms").

By using the Web Site you signify your consent to abide by these Terms and regulatory restrictions governing its use. On each occasion you access the Web Site you will be deemed to have accepted these Terms. If you do not accept these Terms, you may not use the Web Site.

1. Restrictions on Use of the Web Site
Exponent allows you to use the Web Site for your personal, non-commercial or internal business use.

You may not use the Web Site:

  • without agreeing to these Terms;
  • for any unlawful purpose;
  • to interfere with, attempt to interfere with or disrupt the Web Site or any network or web site connected to the Web Site;
  • to access data not intended for you by logging onto a server or account that you are not authorised to access;
  • to allow any other person or entity to use your username and password on the Limited Partners' login;
  • to interfere with the enjoyment or use of the Web Site by any other person; and/or
  • to gain unauthorised access to any other computer systems.

2. No Offer
Nothing on the Web Site shall constitute an offer by Exponent of, or the solicitation of an offer, invitation or inducement by Exponent to buy or sell from or to any person, any goods, services, investments, or securities or provide investment advice to engage in any other transaction.

 

3. General Conditions
Use of the Web Site in accordance with these Terms is subject to, and does not modify or amend in any way, the terms of any applicable written agreements between you or any of your affiliates or connected persons, and Exponent or any of its affiliates.

Exponent may terminate, change or suspend any part of the Web Site, including any content, features, hours of availability or these Terms, at any time. Any changes which Exponent makes to these Terms will be effective immediately upon notice being posted on the Web Site. Continued use of the Web Site after Exponent has made any such changes will signify your consent to the changes. You are bound by any such changes and should, therefore, periodically visit this page to review these Terms.

Exponent Private Equity LLP is authorised and regulated by the U.K. Financial Conduct Authority (the "FCA"). The Web Site is directed only at "professional clients" and "eligible counterparties", as defined in chapter three of the FCA's Conduct of Business Sourcebook (together, the "Relevant Persons"). The contents of the Web Site must not be acted on or relied on by persons who are not Relevant Persons.

Any services or information relating to any services referred to in the Web Site will not be made available to "retail clients" as defined in chapter three of the FCA's Conduct of Business Sourcebook. As such, the protections afforded to retail clients under the FCA's Handbook of rules and guidance ("FCA Rules") will not apply and compensation under the Financial Services Compensation Scheme or any other relevant investor-compensation scheme may not be available.

Nothing in these Terms shall exclude or restrict any duty or liability which Exponent has under the UK Financial Services and Markets Act 2000 or under the FCA Rules and which duty or liability may not be excluded or modified by agreement or the giving of notice.

4. No Liability for Web Site Provision
Use of the Web Site requires internet connectivity and telecommunications links. Exponent will not be liable to you for any telephone or other costs that you may incur in using the Web Site.

Exponent cannot guarantee that material from the Web Site will be free from infection, viruses, worms, Trojan horses and/or other similar code. You are responsible for virus checking and taking any other protective steps. Exponent does not accept any responsibility for any damage or loss caused by any failure to take protective measures.

5. Intellectual Property
The content of the Web Site is protected by copyright, trade marks, database and other intellectual property rights and Exponent will take action against any and all third parties that Exponent believe are infringing such rights. Provided you retain all and any copyright and proprietary notices, you may:

  * retrieve and display the content of the Web Site on a computer screen;
  * store content of the Web Site in electronic form (except that you may not store it on any server or other storage device connected to a network); and/or
  * print copies of the content for your own personal non-commercial or internal business use.

You may not transmit, reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the Web Site without the prior written consent of Exponent.

Use of the Web Site does not constitute a licence for you to use any trade marks, designs, get-up and/or logos of Exponent.

6. No Advice
The materials on the Web Site are provided for general information purposes only. Information on the Web Site is not offered as advice or recommendation on any particular matter and should not be treated as a substitute for specific advice or your own due diligence. In particular, no professional, financial, securities or investment advice is offered or given by Exponent to persons accessing information on the Web Site. Consequently, information or opinions contained in the Web Site must not be used for making an investment or other business decision. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstances.

7. Financial Statements/Performance Information
To the extent that the Web Site contains any forward-looking statements, they will be based on Exponent's opinions, expectations and projections as at the time of writing. Exponent undertakes no obligation to update or revise any forward-looking statements. Actual results may differ materially from those anticipated in any forward-looking statement.

Exponent makes no representation, and it should not be assumed, that past investment performance is an indication of future results.

Unless otherwise indicated, any information contained on the Web Site is as of the date indicated therein and will not be updated or otherwise revised to reflect information that subsequently becomes available, or circumstances existing or changes occurring after such date. The posting of any material on the Web Site does not imply that the information contained therein is correct as of any time subsequent to the date of such material. The provision of access to the Web Site at any time shall not, under any circumstances, create an implication that the information contained herein is correct as of any time subsequent to the dates described above. Exponent is under no obligation to update the information contained on the Web Site or to notify you of any subsequent update to the Web Site.

Certain information contained on the Web Site (including financial information and information relating to investments in companies) has been obtained from published and non-published sources prepared by other parties, which in certain cases have not been updated through the date hereof. While such information is believed to be reliable for the purpose used herein, Exponent does not assume any responsibility for the accuracy or completeness of such information, and such information has not been independently verified by Exponent.

Any projections or other estimates contained in the materials that are available on the Web Site, including estimates of returns or performance, are forward-looking statements and are based upon certain assumptions. While made in good faith, there can be no assurance that such assumptions will prove correct or will be applicable to any Exponent fund's actual investments. Actual events are difficult to project and often depend upon factors that are beyond the control of Exponent. To the extent that any document contained on the Web Site describes any historical investment returns or historical investment performance or provides any valuation of any investment, no representations are made or assurances given that such returns or performances are or will be indicative of future investment returns or future investment performance or that realised value will equal or exceed any such valuations.

8. Limitation of Liability
The Web Site is provided "as is". Whilst Exponent has taken due care in the preparation of the content of the Web Site, Exponent cannot guarantee that the content is accurate or complete and no representations or warranties of any kind, either express or implied, are given in this regard. The information and opinions contained in the Web Site are provided by Exponent and are for information purposes only.

You agree that Exponent will not be liable to you or any third party for any:

 

  • loss of business; loss of revenue; loss of profits; loss of anticipated savings; wasted expenditure, loss of privacy and/or loss of data; and/or
  • any other loss or damage which does not result directly from the actions of Exponent its subcontractors or agents; and which arise out of or are related to your use of the Web Site.

Exponent shall not be liable to you for failure to perform any of Exponent's obligations arising out of the failure of any computer equipment or telecommunications link nor shall Exponent be liable to any person for any loss or damage which may arise from the use, misuse or inability to use any of the information contained in any materials on the Web Site.

To the maximum extent permitted by law, this limitation of liability applies to damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

If you have accessed the Web Site using a link from another site, Exponent does not accept any liability or responsibility for the accuracy of the information contained within sites of other providers who have links to any pages on the Web Site.

9. Indemnification
By accessing the Web Site, you agree to indemnify Exponent and Exponent's respective partners, shareholders, members, managers, officers, directors, employees and agents (collectively, the "Exponent Indemnitees") against, and hold the Exponent Indemnitees harmless from, any and all claims and expenses , including lawyers' fees, arising from your use of the Web Site. You hereby release the Exponent Indemnitees from any and all claims, demands, debts, obligations, damages (actual, consequential or special), costs and expenses of any kind whatsoever that you may have against the Exponent Indemnitees arising out of or in any way related to such disputes.

10. Restricted Areas
Access to specific areas of the Web Site is restricted for reasons of confidentiality and, therefore, requires the use of a username and associated password. The areas of the Web Site that are password protected are only directed at persons who are permitted to invest in unregulated collective investment schemes (such as financial institutions and other sophisticated investors with sufficient experience to understand the risks inherent in these types of investments). If you are not such an investor and have not been provided with a password by Exponent, you should not rely on the information on these parts of the Web Site and you will not be permitted to invest in any of the products offered by Exponent unless Exponent is satisfied that certain thresholds have been met in accordance with applicable law and regulations.

If you have a username and password, you are responsible for the activities which occur in connection with their use and as such should take steps to protect them from misuse. If you become aware of any unauthorised use of, loss or theft of your username and password, immediately inform a representative of Exponent.

The materials presented on the Web Site's restricted areas contain confidential, proprietary, trade secret and other commercially sensitive information, and by accessing such materials, you agree (a) to keep such information strictly confidential and not reproduce or redistribute the information in any format without the express written approval of Exponent, (b) upon request of Exponent, to promptly return to Exponent any materials that you have downloaded and (c) that in the event you become legally required to disclose any of the materials, you shall promptly notify Exponent in writing of such requirement prior to any such disclosure and use reasonable best efforts to obtain a protective order or other appropriate remedy (or, at Exponent 's request, assist Exponent in seeking a protective order or other appropriate remedy) to prevent the disclosure of such materials. In the event that a protective order or other remedy is not obtained pursuant to clause (c) above, you agree to use reasonable best efforts to obtain assurance that confidential treatment will be accorded to the materials disclosed.

11. Cookies
When you use the Web Site it stores data created by its web server on your computer's hard drive otherwise known as "cookies". These "cookies" are used to track your usage patterns and preferences making the Web Site quicker and easier for you to use. You can disable or refuse these "cookies" by selecting the "cookie" option in your browser. If you do so, you may not be able to use the Web Site properly.

                       
Cookie Name Explanation
Content Management System exp_tracker
exp_last_activity
exp_last_visit
These cookies are used to improve the user experience of the website by building up anonymous data profiles that enable us to understand user journeys and behaviour across the Exponent website.

 

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org

12. Third Party Sites
The Web Site may include links to third party web sites from time to time ("Third Party Sites"). Any such links are provided for your convenience and Exponent does not monitor or endorse the content of Third Party Sites. You acknowledge and agree that Exponent will not be responsible for the availability of such Third Party Sites and will not be responsible or liable for any content or services available (or unavailable) or security or privacy policies from such Third Party Sites. You should check the privacy statements and terms and conditions of use of Third Party Sites accessible from the Web Site.

Furthermore, you agree not to link any of your web sites or any third party web sites to the Web Site without the express prior written consent of Exponent.

13. International Use
UNLESS OTHERWISE SPECIFIED, THE MATERIALS ON THE WEB SITE ARE DIRECTED SOLELY AT THOSE PERSONS WHO ACCESS THE WEB SITE FROM THE UNITED KINGDOM MAINLAND. EXPONENT MAKES NO REPRESENTATION THAT ANY PRODUCTS AND/OR SERVICES REFERRED TO IN THE MATERIALS ON THE WEB SITE ARE APPROPRIATE FOR USE, OR AVAILABLE IN LOCATIONS, OUTSIDE THE UNITED KINGDOM. THOSE WHO CHOOSE TO ACCESS THE WEB SITE FROM LOCATIONS OUTSIDE THE UNITED KINGDOM ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS IF AND TO THE EXTENT THAT LOCAL LAWS ARE APPLICABLE. EXPONENT PROHIBITS ANY ACCESS AND / OR USE OF THE WEB SITE FROM TERRITORIES OUTSIDE THE UNITED KINGDOM WHERE THE CONTENTS OF THE WEB SITE ARE ILLEGAL OR UNLAWFUL OR WHERE TO ALLOW SUCH ACCESS WOULD REQUIRE ANY REGISTRATION, FILING, APPLICATION FOR ANY LICENCE OR APPROVAL OR OTHER STEPS TO BE TAKEN BY EXPONENT IN ORDER TO COMPLY WITH LOCAL LAWS OR OTHER REGULATORY REQUIREMENTS IN SUCH TERRITORY.

14. Advertising and Sponsorship
Part of the Web Site may contain advertising and sponsorship provided by third parties. You agree that Exponent will not be responsible for ensuring that such material complies with relevant laws and codes and that Exponent will not be responsible for any error or inaccuracy in such material.

15. Miscellaneous
If any part of these Terms is found to be void or unenforceable, it will be severed from the rest to the extent that it does not affect the validity and enforceability of the remainder.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

The headings used in these Terms are for convenience only and shall not affect the interpretation of those provisions.

Any failure or delay by Exponent in enforcing an obligation or exercising a right under these Terms does not amount to a waiver of that obligation, or right or any other obligation or right.

These Terms are effective until terminated by Exponent.

16. Governing Law
These Terms are governed by and construed in accordance with the laws of England. You agree to submit to the exclusive jurisdiction of the English Courts.

17. Further Information
If you have any queries regarding these Terms please contact us on +44 (0)20 7845 8526. The "exponentpe.com" Web Site is owned and operated by Exponent Private Equity LLP, a limited liability partnership whose registered office is at 12 Henrietta Street, Covent Garden, WC2E 8LH. Telephone: +44 (0)20 7845 8520.

Exponent Private Equity LLP is entered in the Financial Services Register with the following firm reference number: 231527.

Exponent Private Equity LLP is also duly registered with the Information Commissioner with number P28777152.

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