General
Thank you for visiting the website of Eureka Equity Partners, L.P. and its affiliates (together, “Eureka”, “we”, “us” or “our”). By accessing and using this website, you accept and agree to be bound by the following terms and conditions (these “Terms of Use”). You should read these Terms of Use carefully. These Terms of Use are a legally binding agreement between you and Eureka and supersede all prior inconsistent agreements relating to your use of this website. If you do not accept and agree to be bound by these Terms of Use, do not access or use this website. Eureka may update or modify this website, including these Terms of Use, at any time and your continued access or use of this website after any such update or modification will constitute your acceptance of and agreement to be bound by the updated or modified Terms of Use. Eureka may, at its discretion, discontinue any of the content of this website, or any portion thereof, with or without notice.
BY ACCESSING OR USING THIS WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS OF USE, INCLUDING THEIR DISCLAIMERS AND LIMITATIONS OF LIABILITY. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE.
No Offer or Advice
This website, including information regarding Eureka’s current and historical portfolio companies, is for general, informational purposes only. This website does not constitute an offer to sell or buy any securities, services or products and may not be relied upon in connection with any offer or sale of securities. 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.
Eureka is an investment adviser registered with the United States Securities and Exchange Commission (“SEC”) under the Investment Advisers Act of 1940, as amended. Registration of an investment adviser with the SEC does not imply a certain level of skill or training. Further information about Eureka is also available in Eureka’s Form ADV Part 2, filed with the SEC, available at www.adviserinfo.sec.gov.
This website is not to be used or relied upon for any investment purpose whatsoever. Nothing on this website 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. 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. You are solely responsible for evaluating the risks and merits regarding use of this website and should obtain relevant and specific professional advice before making any investment decisions.
Any views, commentaries or endorsements are used for sourcing potential private equity investments and not for purposes of marketing/selling any investment opportunities. This is not considered an advertisement of the advisory services of Eureka nor an offer to provide new advisory services. Any of the securities identified and described herein are for illustrative purposes only. Their selection was based upon nonperformance-based objective criteria.
Performance Data
Past performance is not a guarantee of future results and there can be no assurance that any present or future investment will or is likely to achieve comparable results to those achieved in the past, or that significant losses will be avoided.
Portfolio companies described in testimonials do not represent all portfolio company investments made by Eureka. Not all of our portfolio investments had the characteristics, prospects, or projected successes highlighted.
Operating Partners
Operating Partners and/or members of Eureka’s Invested Operating Partner Network (“IOPeNTM”) referenced on this website are not employees of Eureka, but are third-party consultants expected to be regularly used by, or associated with Eureka, and who are currently compensated by investment vehicles and the portfolio companies with which they are directly involved.
Forward-Looking Statements
Certain information on this website may contain forward-looking statements. The words “believe”, “expect”, “anticipate”, “optimistic”, “intend”, “aim”, “will” or similar expressions are intended to identify such forward-looking statements. Forward-looking statements reflect the current views, plans, estimates and expectations of Eureka, with respect to, among other things, future events, and financial performance, strategies and expectations, including but not limited to Eureka’s ability to generate positive returns, preserve capital, and identify investment opportunities. Forward-looking statements are inherently uncertain and changing factors, such as those affecting the markets generally or those affecting particular industries, may cause events or results to differ from those discussed on this website. Any statements contained on this website that are not statements of historical fact may be deemed to be forward-looking statements. These statements are not guarantees of future performance and involve a number of risks, uncertainties and assumptions. Accordingly, actual results or performance may differ significantly, positively or negatively, from forward-looking statements made on this website. We undertake no obligation to update or revise any forward-looking statements, whether as a result of new information, future developments or otherwise.
Disclaimer of Warranties; Limitation of Liability
THIS WEBSITE IS PROVIDED “AS IS,” AND EUREKA: (i) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (ii) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (iii) DOES NOT WARRANT THAT THIS WEBSITE IS OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THIS WEBSITE. YOU WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF EUREKA TO ANY THIRD PARTY. USE OF THIS WEBSITE IS AT YOUR SOLE RISK. EUREKA MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS WEBSITE. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to you. In such an event, such warranties are limited to the minimum warranty period allowed by the applicable law. Without limiting the generality of the foregoing, Eureka does not make any warranty of any kind with respect to freedom from patent, trademark, or copyright infringement, or theft of trade secrets and Eureka does not assume any liability hereunder for any infringement of any patent, trademark, or copyright arising from the use of this website or rights granted or provided by Eureka hereunder.
Eureka shall not be liable for any indirect, special, incidental, exemplary, punitive or consequential loss or damage of any kind, including without limitation, lost business or profits, whether arising in tort (including negligence), equity, breach of contract or otherwise (and whether or not such damages are foreseeable or Eureka has been advised of the possibility of such loss or damage). In no event will any of the officers, trustees, directors, partners, employees, consultants, beneficiaries, joint venturers, members, stockholders or other principals or representatives of Eureka, ever be personally liable to you under, arising out of, or related to these Terms of Use (including for direct or consequential damages), and you hereby waive the right to recover damages from any such persons.
Indemnity
You agree to indemnify and hold harmless Eureka and its directors, officers, employees, agents, suppliers, parents, affiliates, subsidiaries, successors and assigns, from and against any and all fines, penalties, suits, actions, claims, liabilities, judgments, losses, damages, costs and expenses (including attorneys’ fees) resulting or arising from your violation of these Terms of Use or from any third party claim arising as a result of your use of this website or reliance upon any information found on this website. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
International Use
This website is operated and controlled by us in the United States. Due to the global nature of the Internet, this website may be accessed by users in countries other than the United States. We make no warranties that materials on this website are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this website, then you should not do so. Those who choose to access this website outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.
Ownership; Intellectual Property
All content on this website, such as documents, charts, graphics and other materials, is the property of Eureka or others and is protected by copyright and other laws. The Eureka trademarks (whether registered or unregistered), service marks, images, logos and copyrighted material used and displayed on this website, are the property of Eureka. Other trademarks, service marks, images and logos may be owned by other parties, who may or may not be affiliated with Eureka. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, perform or in any way exploit any of this website content in whole or in part, except as expressly authorized by the applicable rights holder. Nothing on this website shall be interpreted as granting, by implication, estoppel or otherwise, any license or right to use any content on this website without the written permission of Eureka or such other third party that may own such content. All rights not expressly granted are reserved.
Restrictions on Use
This website may only be used for lawful purposes and in a lawful manner. Our prior permission is required for any commercial use of materials on this website. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this website. You may not publish, broadcast, retransmit, reproduce, repackage, commercially exploit, create any derivative of or otherwise redistribute all or any portion of this website except as explicitly permitted by these Terms of Use. Any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You agree not to use this website to:
- disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to, this website or any computer network;
- circumvent any technological measure implemented by Eureka or any of Eureka’s providers or any other third party (including another user of this website) to protect this website;
- upload, transmit, distribute, or run any computer virus, worm, Trojan horse, or any computer code that could damage or alter a computer, portable device, computer network, communication network, data, this website, or any other system, device, or property;
- use any robot, spider, or other automated device to monitor or copy the web pages of this website or any information provided on this website without the express written permission of Eureka;
- use any manual process to monitor or copy any of the material on this website or for any unauthorized purpose without our prior written consent;
- run Maillist, Listserv, or any form of auto-responder or “spam” on this website; or
- provide referral information for someone else without first obtaining consent from the person being referred and notifying them that they may receive communication from Eureka.
You agree to comply with all applicable laws, statutes and regulations in connection with accessing and using this website. The permission to use this website granted by these Terms of Use automatically terminates if you breach any of the terms and conditions contained herein.
Linked Sites
This website may provide links to websites operated by other entities. In addition, third-party sites may be linked to this website, with or without Eureka’s consent. Eureka does not review or monitor any websites linked from or to this website and does not endorse or take responsibility for the content of any such websites. Accordingly, you agree that Eureka cannot be held responsible for the information, materials, products or services obtained on or from such other websites, nor will Eureka be liable for any damages arising from access to such websites. Any links from or to other websites are provided merely for the convenience of users of this website and the inclusion of these links does not imply an endorsement, representation or warranty by Eureka with respect to any such linked websites or the content, products or services contained or accessible through such websites or their operators. Your use of any such linked websites is at your own risk and understand that your rights and responsibilities, including the protection and privacy of your information with respect to such third parties, is governed solely by whatever agreements apply between you and them, and not Eureka. 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.
Password and Security Notification
Certain areas of this website are password-protected. [Intralinks log in button links to Intralinks] You may not attempt to access any password-protected areas of this website without authorization. If you have been issued a password for this website, you agree that Eureka has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access other computer files.
All information that Eureka provides to website users supplying a password is confidential and intended solely for the information of its intended recipient and/or such recipient’s financial, legal or tax advisors, provided that such advisors agree not to disclose any information that is confidential.
You are solely responsible for maintaining the confidentiality of your passwords, account information, user names, and/or security questions and answers for this website, and for logging off any protected areas of this website when you finish a session. Accordingly, you should protect the confidentiality of your password, and notify website operators immediately if you become aware of its unauthorized use. If you share your password with a third party, you assume all responsibility for all such party’s activity related to the Site.
Privacy
Eureka respects your privacy and limits the sharing of data about you with third parties. Please consult Eureka’s Privacy Policy, which is available on this website for more information. By agreeing to these Terms of Use, you acknowledge and consent to the use, sharing and disclosure of your personal information and data as described in such Provider Privacy Policy, as it may be amended from time to time.
Assignment
You may not assign or transfer these Terms of Use and any associated rights or obligations, by operation of law, without Eureka’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Eureka may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Governing Law
These Terms of Use are governed by the laws of the Commonwealth of Pennsylvania. Any dispute relating to these Terms of Use shall be brought solely in the state or federal courts located in the Commonwealth of Pennsylvania, and you agree that such courts shall have jurisdiction over you in connection with any such dispute. You must commence any cause of action you may have with respect to your use of this website within one year after the claim or cause of action arises or such claim or cause of action will be deemed to have been waived.
Entire Agreement; Waiver; Severability
These Terms of Use constitute the entire and exclusive understanding between you and Eureka with respect to the use of this website, and these terms supersede and replace any and all prior oral or written understandings or agreements between Eureka and you regarding this website. Eureka’s failure to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Use. If a court or tribunal should find that one or more rights or provisions set forth in these Terms of Use are invalid, you agree that the remainder of the terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law.