Terms of Use

These Terms of Use apply to each of the pages of this website. Please read these Terms of Use carefully. These Terms of Use represent the entire understanding between Strategic Value Partners, LLC and its subsidiaries and affiliates (collectively referred to as “SVP” or “we/us/our”) and you regarding your use of this website and supersede any prior statements or representations. This website’s Privacy Policy is incorporated into these Terms of Use by reference and is made a part hereof.

By using or accessing this website, you are deemed to have accepted these Terms of Use. If you do not agree to abide by these Terms of Use, please do not use this website. If you have any questions or comments in relation to these Terms of Use or the Privacy Policy, please contact us before using or accessing this website.

At any time and for any reason we may revoke your right to use all or any portion of this website.

Contact Us

svpglobal@svpglobal.com
Strategic Value Partners, LLC
100 West Putnam Avenue
Greenwich, CT 06830

Information Disclaimer

Nothing in this website should be construed as investment, tax, legal or other advice nor is it to be relied upon in making an investment decision. Those accessing this website should consult their financial and legal advisers regarding the suitability of any of the products or services referred to on this website. The value of investments and the income from them may go down as well as up, and an investor may receive back less than the original investment; past performance is not necessarily an indicator of future performance.

SVP manages funds for high net worth families, funds and institutions. Nothing in this website or in these Terms of Use shall be construed (i) as an offer to sell securities, a recommendation regarding any securities, or a solicitation of an offer to buy securities; or (ii) as an offer by SVP to act as an investment advisor for any person. All such offers may be made only to privately solicited investors who have been pre-qualified as to both investment suitability and net worth, including qualifying as accredited investors within the meaning of the Securities Act of 1933, as amended, after delivery of required disclosure documents and offering memoranda, and only in such jurisdictions in which such an offer would be lawful. Statements made in this website are subject to change and correction without notice, and no responsibility is accepted for the contents of this website by SVP.

Use of Website

This website is operated by, or on behalf of, SVP. Access, distribution and/or use of this website is subject to all applicable laws and regulations. Not all products and services listed on this website are available in all regulatory jurisdictions. To the extent that access, distribution and/or use of this website would be deemed illegal by applicable law in any regulatory jurisdiction, then such access, distribution and/or use by you is prohibited. None of the materials or investment services at or referred to at this website are available to persons resident in any jurisdiction where this would be contrary to local law or regulation or require authorization or registration of SVP or any other person.

Content

All works of authorship contained in this website, including reports, articles, text, graphics, designs, and other materials (“Content”), are owned by SVP and/or other respective owners, and are protected by copyright and other applicable laws worldwide. All Content is for informational purposes only. Dated Content speaks only as of the date indicated. We may modify the Content at any time and without notice to you. You are permitted to review, store, and/or print one single, unaltered copy of the Content for your personal, non-commercial use. Otherwise, all other use of the Content, including any distribution, circulation, transmission, reproduction, publication, display, or modification of the Content, in whole or in part, in any medium, is strictly prohibited. If you review, store, and/or print any Content from this website, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. All rights in the Content are expressly reserved.

Trademarks

All trademarks, service marks, logos, trade dress, and names (“Trademarks”) are the exclusive property of SVP and/or other respective owners. Nothing contained in this website should be construed as granting any license or right to use any of the Trademarks without the express written permission of SVP or the respective owners. All rights in the Trademarks are expressly reserved.

Privacy

Please see the Privacy Policy for information concerning the collection and use of Personal Information from this website.

Links

From time to time, this website may contain links to other websites that are not controlled and/or maintained by SVP. Access to and use of such other websites is at your own risk and subject to any terms and conditions which govern such websites. By providing such links, SVP shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites. SVP is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations. Moreover, such other websites may have privacy policies or terms and conditions that differ from those of SVP and/or may provide their users with less security than this website. Any use of such other address, link and/or hyperlink is undertaken at your own risk and liability. You agree not to link any websites to this website without the express prior written consent of SVP.

Additional/Different Terms

Certain pages or sections of this website may contain terms and conditions which are in addition to or different from these Terms of Use. In the event that there is a conflict between such additional or different terms and conditions and these Terms of Use, the additional or different terms and conditions will govern with respect to the specific pages or sections to which they apply.

Disclaimer and Limitation of Liability

THIS WEBSITE AND ALL OF THE CONTENT ARE MADE AVAILABLE BY SVP “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. SVP MAKES NO WARRANTY THAT THIS WEBSITE, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. USERS OF THIS WEBSITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THIS WEBSITE AND THE CONTENT AND ACKNOWLEDGE THAT THIS WEBSITE AND THE CONTENT MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF SVP. SVP DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY WEBSITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SVP ASSUMES NO LIABILITY FOR LOSS OR DAMAGE RESULTING FROM ANY USE OF OR RELIANCE UPON THIS WEBSITE OR THE CONTENT. IN NO EVENT WILL SVP BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS WEBSITE, THE CONTENT, THE USE THEREOF, OR THE INABILITY TO USE THIS WEBSITE, EVEN IF SVP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF ANY WARRANTY DISCLAIMER OR LIMITATION ON LIABILITY IN THESE TERMS OF USE IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SVP UPON ANY CLAIM (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF THIS WEBSITE, ITS USE OR THE CONTENT SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00).

SVP is not responsible for any damages or loss related to your reliance on an outdated version of these Terms of Use or the Privacy Policy.

Certain jurisdictions prohibit the limitation or exclusion of liability and disclaimers for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, SVP’s liability is limited to the greatest extent allowable under applicable law.

Accessing, Transmitting and Downloading

SVP is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.

SVP does not warrant or represent that this website will meet your requirements, that access will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system. We do not guarantee that this website will be compatible with all or any hardware and software which you may use.

Your Responsibilities

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all data and/or equipment.

By using or accessing this website, you agree that you will be responsible for maintaining the confidentiality of your password and account information, and that you will take all reasonable measures to maintain such confidentiality including without limitation restricting access to your computer to avoid disclosure of such password and account information. You further acknowledge and agree that you will be responsible for all activity taken under your password and/or account information unless the provision of any such unauthorised use is due to our gross negligence. If you become aware of any unauthorized use of, loss or theft of your password or account information, you must immediately inform a representative of SVP. Without limiting the generality of any other disclaimers in these Terms of Use, SVP is not responsible for any loss to you that arises from your failure to comply with these provisions regarding maintaining the confidentiality of your password.

By using or accessing this website, you agree not to link to, post on, or transmit to this website any obscene, profane, defamatory, libelous, threatening, unlawful, or other material which could constitute or encourage unlawful conduct that may be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that SVP, or other parties involved in creating, producing, or delivering this website, may monitor or review any transmissions to this website, SVP and all parties involved in creating, producing, or delivering this website 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.

Indemnity

By using or accessing this website, you agree to indemnify, defend, and hold harmless SVP and its directors, officers, employees and agents, as well as SVP’s licensors and other third parties with which SVP contracts, from and against any and all losses, liabilities, obligations, damages, claims, demands, actions, costs and/or expenses of any kind (including legal fees, expert fees, or other disbursements) incurred by or against such persons or entities which may arise, directly or indirectly, from your access to, use of, or browsing of this website or through your downloading of any materials, data, text, images, video or audio from this website, 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, your violation of these Terms of Use and/or your violation of any rights of any third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.

Electronic Communications

When you communicate with SVP electronically, via email or otherwise, you consent to receive electronic communications from SVP. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by SVP satisfy any legal requirement that such communication be in writing. SVP encourages you to retain your own copies of relevant information, however, upon your request, SVP will provide you with hard copies of your relevant information. To make such a request, please contact svpglobal@svpglobal.com.

Changes in these Terms of Use

SVP reserves the right in its sole discretion to modify or amend these Terms of Use in any way and at any time. Any such modifications or amendments are effective upon posting unless we indicate otherwise. You should review these Terms of Use periodically for changes applicable to you. Please see the bottom of these Terms of Use for the date of the latest version. Additionally, note that by using or accessing this website subsequent to any modification or amendment, you are deemed to have agreed to these Terms of Use as modified or amended.

Acquisition of Business

In the event that SVP is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this website, all data collected on this website, and all of SVP’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, SVP will post a notice to such effect on this website and/or by any other media or contact method as may be required by applicable laws and regulations.

Governing Law

Use of this website and these Terms of Use shall be governed by the laws of the State of Connecticut of the United States of America, without regard to its conflict of law provisions.

Any dispute concerning your use of this website shall be submitted to binding arbitration in Greenwich, Connecticut within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to these Terms of Use shall be joined to any other arbitration initiated pursuant to these Terms of Use.

Notwithstanding anything to the contrary set forth in these Terms of Use, SVP may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the State of Connecticut or in any other court having jurisdiction, in the event that SVP believes that you have violated or threatened to violate any of SVP’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.

In the event that any portion of these Terms of Use is deemed unenforceable, unlawful or void by a court of competent jurisdiction, in any jurisdiction for any reason, including but not limited to the scope, duration or area of its applicability, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, court-modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by SVP of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and SVP’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.

Assignments and Third Party Rights

You are not permitted to assign, sub-contract or otherwise transfer your rights and/or obligations under these Terms of Use or the Privacy Policy. SVP may freely assign, sub-contract or otherwise transfer our rights and/or obligations under these Terms of Use and/or the Privacy Policy.

These Terms of Use do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:

a) SVP and its affiliates shall have the right to enforce any rights or benefits under these Terms of Use;

b) SVP and its affiliates shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these Terms of Use; and

c) a person who is a permitted successor or assignee of the rights or benefits of these Terms of Use may enforce such rights or benefits and no consent is required for SVP to vary or rescind these Terms of Use (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).

Strategic Value Partners (UK) LLP

Strategic Value Partners (UK) LLP is a limited liability partnership established under the laws of England and Wales with registered number OC306906 and having its registered office at c/o Throgmorton Secretaries Limited, 42-44 Portman Road, Reading RG30 1EA

These Terms of Use are dated and effective as of August 31, 2012.

Copyright © 2012 Strategic Value Partners, LLC. All rights reserved.