Effective as of June 2020
One Rock Capital Partners, LLC (“One Rock,” “we,” “us,” or “our”) welcomes you to our website located at “onerockcapital.com” (the “Website”). By accessing or using the Website you acknowledge that you have read these Terms of Use, which incorporate our Privacy Policy, in their entirety and you agree to abide by them. We reserve the right to change these Terms of Use and the Privacy Policy in our sole discretion at any time without notice, but we will endeavor to post material changes to the Terms of Use or the Privacy Policy on the Website. If you do not accept these Terms of Use, do not use the Website.
1. Limited License to Access and Use the Site
All content included on the Website, including documents, photographs, and other information, is the intellectual property of One Rock or other parties. We own rights in the trademark “One Rock Capital Partners” and associated trademarks and logos. One Rock grants you a limited, nonexclusive license to display and otherwise use portions of the Website (including to print out pages from the Website) solely for your own personal use and benefit and not for resale, redistribution, or use by or for the benefit of any other person. Except as specifically permitted herein, nothing contained in these Terms of Use grants you or any third party any right, title, or interest in, or any license or right to access, use, or reproduce, any content on the Website. One Rock reserves, and will enforce to the fullest extent possible, all rights that we may have with respect to intellectual property ownership of all such content.
2. No Offers of Securities or Advice
Nothing on this Website is an offer or solicitation to buy or sell any security. Although the Website may include investment-related information, nothing on this Website is a recommendation that you purchase, sell, or hold any security or other investment, or that you pursue any investment style or strategy. Nothing on this Website is intended to be, and you should not consider anything on the Website to be, investment, accounting, tax, or legal advice.
The information contained on the Website may include certain historical investment performance information and forward-looking statements relating to our funds as well as to their underlying portfolio companies. Forward-looking statements are not guarantees of the underlying expected actions or future performance, and future results may differ significantly from those that may be referenced in the forward-looking statements. Past performance is not indicative of future results and there can be no assurance that future performance will be comparable to past performance.
3. No Warranties
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT WE PROVIDE THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING (A) THAT THE WEBSITE AND ITS CONTENTS ARE ACCURATE, ERROR FREE, COMPLETE, ADEQUATE, MERCHANTABLE, OR FIT FOR A PARTICULAR PURPOSE, (B) THAT THE CONTENTS WILL BE NON-INFRINGING OR ARE FREE FROM VIRUSES, WORMS, OR OTHER DESTRUCTIVE OR HARMFUL CODE, OR (C) WITH RESPECT TO THE RELIABILITY, SPEED, OR DELIVERY OF THE WEBSITE.
4. Limitation on Liability
IN NO EVENT WILL ONE ROCK OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE ARISING OUT OF THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE THE WEBSITE, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, FORESEEN OR UNFORESEEN, BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, INCLUDING LOSS OF PROFIT OR OTHER ECONOMIC LOSS, OR ANY OTHER DAMAGES OF ANY KIND EVEN IF ONE ROCK OR AN AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, INAPPLICABLE, OR UNENFORCEABLE FOR ANY REASON, OUR AND OUR AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
5. Indemnification
You agree to defend, indemnify, and hold harmless us, our affiliates, and our and their respective officers, directors, employees, successors, licensees, and assigns from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your access to, use, or misuse of the Website. We shall provide notice to you of any such claim, action, or demand and shall assist you, at your expense, in defending any such claim, action, or demand. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist in our defense of such matter.
6. Compliance with Applicable Law
The Website is hosted in the United States. We make no claims concerning whether its contents may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or its contents from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
7. Links to Third Party Websites
The Website contains links to websites of our portfolio companies and those of other third parties. These Terms of Use apply only to the Website. One Rock is not responsible for the content of other websites or their privacy practices. We encourage you to read those websites’ terms of use and privacy policies. One Rock’s inclusion of links to other websites does not imply any endorsement of the material located on or linked to by such websites.
8. Termination of Website Access and Terms of Use
We reserve the right, in our sole discretion, to terminate your access to all or any part of the Website and to terminate these Terms of Use, at any time and for any reason without prior notice or liability.
9. For Current Investors
Registered investors and representatives of investors may access our Investor Portal. Please note that our Investor Portal is powered and hosted by a service provider on our behalf. The service provider is a third party whose collection and use of your login information and any other personal data collected in relation to your use of the Investor Portal is governed by the applicable service provider’s own terms of use and privacy policy. We assume no liability for your use of the Investor Portal.
10. General Terms
These Terms of Use are governed by the laws of the State of New York, without reference to its conflicts of laws provisions. Any dispute relating to these Terms of Use shall be brought by you solely in the Supreme Court of the State of New York located in the Borough of Manhattan, New York City or in the United States District Court for the Southern District of New York. You expressly consent to the exercise of personal jurisdiction by and to venue in such courts for purposes of resolving such dispute. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR ELSE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. You agree to bring any claim solely in your individual capacity and you expressly waive any right to bring any claim as part of a group or as a class action.
If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable or shall otherwise be deemed severable from these Terms of Use. These Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity, or unenforceability shall be strictly limited both to such provision and to such jurisdiction.
Our failure to act on or enforce any provision of these Terms of Use shall not be construed as a waiver of that provision or any other provision. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. These Terms of Use will inure to the benefit of our successors and assigns. Sections 2, 3, 4, 5 and 10 survive termination of these Terms of Use.
