Last updated: March 2018

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1. Introduction

These Terms of Use (the “Terms”) written on this webpage shall manage your use of this Site (together with any materials presented herein). These Terms will be applied fully and affect to your use of this Site. By using this Site via any media or electronic device, including Internet, telephone and wireless devices, you agreed to accept all terms and conditions written in here in their entirety and without modification. You must not use this Site if you disagree with any of these Terms. ECP reserves the right to change these Terms without notice at any time.

 

This Site has been designed for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security or interests in any investment vehicle that may be referenced on the Site. Any such offer can only be made where lawful under and in accordance with applicable law. The information provided through this Site is for personal, non-commercial use and display. ECP does not intend to provide investment advice through this Site and does not represent that any securities or investment vehicles discussed on the Site are suitable for any investor. Investors are advised not to rely on any information contained in this Site in the process of making a fully informed investment decision. ECP does not, and this Site does not intend to, render tax or legal advice. ECP does not give any advice or make any representations as to whether any investment, investment strategy or investment style is suitable for you or will be profitable.

This Site has been published in the United States for residents of the United States only. This Site is not intended for use by, or to provide any information to, investors outside of the United States, and such investors should not rely on any information or material appearing on the Site. ECP reserves the right to require proof of residence from any user accessing the Site and requesting information from ECP via e-mail. Investors outside of the United States may be subject to securities and tax regulations within their applicable jurisdictions that are not addressed on this Site. U.S. investors should be advised that not all investments discussed on this Site may be available in all states.

ECP grants you a limited right to use the Site. At any time and for any reason we may revoke your right to use all or any portion of the Site. You may not violate or attempt to violate the security of the Site.

News, views, opinions, recommendations and other information obtained from sources outside of ECP are believed to be reliable, but we cannot guarantee the accuracy or completeness of such information. Further, ECP reserves the right to change or amend the information provided at any time and without prior notice.
 

Linked sites, "Hypertext links," and/or "hyperlinks," to or from other Internet sites may be included at times as a convenience to the user. ECP is not responsible for information on any third-party web site that is referred in, accessible, or connected by hyperlink to, the Site. If you access any third-party web site through the Site or otherwise, you do so at your own risk. Hyperlinks to or from the Site do not constitute, and should not be viewed to reflect, a third-party endorsement of, sponsorship by, or affiliation with ECP.

There is no assurance that any securities discussed herein are, or will remain, in an ECP-managed portfolio. Any such securities do not represent an entire portfolio and it should not be assumed that they were or will be profitable, or that the investment recommendations or decisions ECP makes in the future will be profitable or will equal the investment performance of such securities.

All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, hedge clauses and any copyright or proprietary notices, including those contained in these Terms. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
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2. Intellectual Property Rights

Other than the content you own, under these Terms, ECP and/or its licensors own all the intellectual property rights and materials contained in this Site. You are granted limited license only for purposes of viewing the material contained on this Site. The Site is owned by ECP and the contents and structure of the Site are copyright protected. No information or data content contained on this Site, including any text (whether in full or in part), pictures or graphics, may be reproduced, transmitted, displayed, distributed, published or otherwise commercially exploited without the prior written consent of ECP. Product and company names mentioned herein may be the trademarks of their respective owners, and any commercial use or distribution, publishing or exploitation of such products, company names or trademarks is strictly prohibited unless you have received the prior written consent of the applicable rights holder. In the course of reproduction of any materials from the Site, whether lawful or otherwise, you may not remove any copyright, trademark, or other proprietary notice or legend contained on (or reproduced from) the Site. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.

You agree not to link directly to any image, graphic, text or other content on the Site, such as using an "in-line" linking method to cause the content to be displayed on another web site, or to download or use images hosted on this Site for any purpose, including posting such images on another web site, unless in each case you have received the prior written consent of ECP. ECP may require that any link to the Site be discontinued, and/or revoke your right and ability to link to the Site from any web site at any time

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3. Restrictions

You are specifically restricted from all of the following:

• Publishing any Site material in any other media;

• Selling, sub-licensing and/or otherwise commercializing any Site material;

• Publicly performing and/or showing any Site material;

• Using this Site in any way that is or may be damaging to this Site;

• Using this Site in any way that impacts user access to this Site;

• Using this Site contrary to applicable laws and regulations, or in any way may cause harm to the Site, or to any person or business entity;

• Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site;

• Using this Site to engage in any advertising or marketing.

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Certain areas of this Site are restricted from being access by you and ECP may further restrict access by you to any areas of this Site, at any time, in absolute discretion. Any user ID and password you may have for this Site are confidential and you must maintain confidentiality as well.

 

As a condition of your use of this Site, you warrant to ECP that you will not use this Site for any purpose that is unlawful or prohibited by these Terms. You will be responsible for any liability to ECP that arises out of your breach of these Terms or your use of the Site.

ECP has the right, but not the obligation, to monitor and record activity on the Site and respond as it deems appropriate. We may monitor and record activity on the Site for any reason or for no reason. We may investigate any complaint or reported violation of our policies. We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials, or other persons or entities that we deem appropriate. We may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site, or take any other action that we deem appropriate.

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4. No Warranties

This Site is provided “as available” and “as is,” with all faults.  ECP disclaims all warranties with respect to the site that the law allows it to disclaim. We disclaim all representations and warranties, express or implied, of any kind with respect to the Site including warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property and proprietary rights. Also, nothing contained on this Site shall be interpreted as advising you.

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Without limiting our general disclaimer, we do not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, sequencing or speed of delivery of the Site or any part of the content, including with regard to financial results, based on the use of the information in or other uses of the Site. The use of the Site is at your own risk.

You are solely responsible for the security of your computer system, including, using and maintaining appropriate anti-virus, firewall and backup software. ECP disclaims any responsibility or liability for any problem with your computer systems, including any Virus (as defined below) that your computer systems receive as a result of your use of the Site. As used herein, "Virus" means: (i) program code or programming instruction or set of instructions that disrupt, disable, harm, interfere with, otherwise adversely affect or without authorization access or delete computer programs, data files or operations; or (ii) other code typically described as a virus or by similar terms, including a Trojan horse, worm or backdoor.

 

5. Limitation of Liability

In no event shall ECP (together with its affiliates and the members, directors, officers, employees, contractors, agents, advisers any consultants of any of the foregoing) be held liable for anything arising out of or in any way connected with your use of this Site whether such liability is under contract, connected to your use of this Site or your inability to access and/or use this Site. ECP (together with its affiliates and the members, directors, officers, employees, contractors, agents, advisers and consultants of any of the foregoing) shall not be held liable for any indirect, incidental, punitive, consequential or special damages or liabilites, arising out of or in any way related to your use of this Site.

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ECP's liability with respect to the Site is limited to the maximum extent permitted by law. Our liability is limited even if we have been advised of the possibility of the damages that you suffer or if any remedy you have is inadequate. This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of or use of any asset, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

 

This Site permits you to communicate electronically by sending an e-mail message to ECP and its employees. ECP shall not be liable for any actions taken or any omissions to act as a result of any e-mail message you send to ECP or its employees.

 

6. Indemnification

You hereby agree to indemnify, defend and hold harmless, to the fullest extent, ECP and its affiliate, agents, employees and third-party sources from and against any and all liabilities, costs and expenses (including attorneys' fees), demands, causes of cation, damages, suits, losses, claims, arising from or in any way related to your use of the Site, your breach of these Terms or any representation, warranty or covenant made by you in these Terms; your violation of any applicable law, statute, ordinance, regulation or of any third-party's rights; or any claims asserted by third-parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in these Terms.

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7. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

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8. Variation of Terms

ECP is permitted to revise these Terms at any time as it sees fit, and by using this Site you are expected to review these Terms on a regular basis.

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9. Assignment

ECP is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

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10. Entire Agreement

These Terms constitute the entire agreement between ECP and you in relation to your use of this Site, and supersede all prior agreements and understandings.

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11. Governing Law Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, and you consent to submit to the exclusive jurisdiction of the state and federal courts located in the Commonwealth of Massachusetts for the resolution of any disputes arising out of or relating to the use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

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If you have any questions related to these Terms, please contact us via phone at

(617) 410-4800 or email us at info@evolutioncreditpartners.com.