Thank you for accessing this website (this “Website”) of Sunstone Partners Management, LLC (“Sunstone Partners”). By using this Website, you agree to be bound by the terms and conditions of use (“Terms” or “Agreement“) set forth below. If you do not wish to be bound by these Terms, please do not use this Website. We may, in our sole discretion, terminate your access to the Website at any time and without notice, including without limitation due to any violation by you of these Terms.
LIMITED RIGHT OF USE/OWNERSHIP OF CONTENTS
The contents of this Website are intended for the personal, noncommercial use of its users. Sunstone Partners grants you a limited right to access and use this Website. All materials published on this Website (the “Contents“) are protected by U.S. and international copyright, trademark and other applicable intellectual property laws, and are owned or controlled by us or a party credited as the provider of such Contents. Absent our prior express written consent, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Contents or software forming part of this Website in whole or in part.
We may modify these Terms at any time and with or without notice to you. Any such modification shall be effective immediately upon posting. Your continued access to or use of this Website and/or any services offered through it shall be your conclusive acceptance of these Terms, including any modifications. We reserve the right from time to time to make changes to this Website, including but not limited to changes in Contents or discontinuation (temporarily or permanently) of any service offered by us or through the Website, with or without notice. We also may terminate the licenses granted hereunder or suspend or terminate your access to this Website, in whole or in part, at any time, immediately and without notice for any reason in our sole discretion, including without limitation if you fail to comply with any of these Terms. Upon termination, you must destroy all materials obtained from this Website and all copies thereof. In the event of suspension or termination, you are no longer authorized to access this Website, and the restrictions imposed on you with respect to the Contents and the disclaimers and limitations of liabilities set forth in these Terms shall survive. You agree that we shall not be liable to you or to any other party for any changes to this Website or termination or modification of any right to use.
NO GUARANTY OF ACCURACY OF CONTENTS
This Website is provided for informational purposes and as a service to our limited partners and portfolio companies. While we strive to ensure that the information we post is accurate and up-to-date at the time it is published or posted, errors may occur or some information on our Website may not be the most current information available. You alone are responsible for confirming the accuracy of any information posted to our Website.
THIRD PARTY CONTENTS AND LINKING
While we use reasonable efforts to obtain information from sources believed to be reliable, Sunstone Partners makes no representation that any Contents on this Website sourced outside of Sunstone Partners is accurate, reliable, or complete. There may be delays, omissions, or inaccuracies in information obtained through your use of this Website. In addition, we may change, add, or remove some or all of the Contents on this Website at any time and reserve the right to discontinue or suspend any portion of this Website at any time for any reason. 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 decision.
As a convenience to you, this Website may contain links to third party Websites (“linked Websites“). By accessing this Website, you acknowledge that linked Websites are not under Sunstone Partners’s control, and we are not responsible for and do not endorse the Contents of, or any link embedded in, any linked Website, whether or not Sunstone Partners is affiliated with the linked Website’s sponsor(s). You enter linked Websites at your own risk.
ANALYSES AND OPINIONS
Any market analyses and statements of opinions provided on this Website are inherently uncertain and are based on a number of assumptions. You should carefully review information regarding any such analyses and underlying assumptions.
FORWARD LOOKING STATEMENTS
Certain statements contained on this Website constitute “forward-looking statements” that can be identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “estimate,” “intend,” “continue,” or “believe” or comparable terminology. Due to various risks and uncertainties, actual events or results may differ materially from those reflected in such forward-looking statements. Sunstone Partners undertakes no obligation to update publicly or revise any forward-looking statements, whether as a result of new information, future developments, or otherwise.
PAST PERFORMANCE IS NOT A GUARANTEE
The Contents on this Website may include certain prior indications of past investment performance. In considering such prior performance information, you should bear in mind that past performance is not necessarily indicative of future results. Any transactions described on this Website as having been engaged in by Sunstone Partners are included as representative transactions for illustrative purposes only. Representative transactions do not include a complete list of all past or current Sunstone Partners investments, and are not necessarily indicative of transactions that Sunstone Partners undertakes in the future. No representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. No information on this Website should be construed or interpreted to contain a recommendation for the sale or purchase of any security or investment product.
NOT INVESTMENT ADVICE
Nothing contained herein constitutes investment advice with respect to any security, nor the making of any claim as to the past, current, or future performance thereof, and Sunstone Partners expressly disclaims the use of this Website for such purposes. All investments are subject to substantial risks.
NO OFFER OR SOLICITATION
Nothing in this Website should be construed as an offer to sell or a solicitation of an offer to buy any interest in any investment vehicle managed by Sunstone Partners or any of its partners, members, employees, officers, directors, agents, representatives or affiliates. Offerings of securities in entities advised by Sunstone Partners are made only by an Offering Memorandum or similar document provided by persons authorized by Sunstone Partners or its appropriate affiliates and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.
The Contents on this Website are provided to you with the understanding that our provision of these Contents to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career, or other advice or services. Information on this Website should not be relied upon for making business, investment, or other decisions or used as a substitute for consultation with professional advisors.
NON-PUBLIC INVESTOR SECTIONS OF THIS WEBSITE
These Terms do not amend or supersede any existing agreements you have with Sunstone Partners. If you are a Sunstone Partners client or investor, you may have been granted access to certain non-public portions of this Website through a uniquely assigned investor log-in (“Investor Sections”). In addition to these Terms, your use of the Investor Sections is governed by your client agreements with Sunstone Partners, any applicable user agreements and all applicable laws and regulations. If you have been granted access to the Investor Sections by Sunstone Partners, you must maintain confidentiality of your log-in information and you remain responsible for all usage of the Investor Sections of this Website through your account by you or anyone else. You must immediately notify us of any known or suspected unauthorized use of your login information or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your log-in information.
This Website is operated and controlled by Sunstone Partners in the United States. Despite the global nature of the Internet, Sunstone Partners makes no claims that the Contents on this Website are appropriate or may be viewed or used outside the United States. Access to this Website from countries or territories where such access is illegal is prohibited. Sunstone Partners makes no representations that the transactions, products or services discussed on or accessible through this Website are available or appropriate for sale or use in all jurisdictions or by all users. Those who access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.
INFORMATION AND FEEDBACK PROVIDED BY USERS
Please do not send anything to us that constitutes a third-party trade secret or confidential and proprietary information. We are not in a position to accept such information, nor can we agree to obligations of nondisclosure or confidentiality with respect to any such information. You agree that any information or materials that you, or individuals acting on your behalf, provide to us will not be considered confidential or proprietary, including any business plans or ideas. We are under no obligation to review any business plans or ideas nor return any materials to the sender. We are not limited or restricted in any way from pursuing opportunities with others, whether or not similar to any business plan or idea submitted to us by you.
If you choose to submit any comments or feedback to us, all such messages (collectively, “Feedback”) will be considered non-personal, non-confidential and nonproprietary. You hereby grant Sunstone Partners a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback, in whole or in part, and including all intellectual property rights therein.
You expressly understand and agree that your use of this website is at your sole risk. Sunstone Partners makes no representation about the suitability of the information contained in the documents or other information published on this website. This website, all such documents and any related graphics are provided “as is,” “with all faults,” and “as available” without warranty of any kind, either express or implied. Sunstone partners and all third parties, if any, providing contents for this website, and all third parties providing support or information for this website (collectively, “website-related-parties”) hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The website-related-parties make no warranty as to the accuracy, completeness, currency, or reliability of any contents available through this website. Without limiting the foregoing, the website-related-parties specifically do not represent or warrant that any information is accurate or complete. The website-related-parties make no representations or warranties that use of this website will be uninterrupted or error-free. You are responsible for taking all precautions necessary to ensure that any contents you may obtain from this website is free of viruses and any other potentially destructive computer code.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.
LIMITATION OF LIABILITY
You agree that none of the website-related-parties shall be liable for any damage resulting from your use or inability to use this website or the contents. This protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. This protection covers the website-related-parties, including all affiliates, and their officers, directors, employees, and agents. This protection covers all losses including, without limitation, direct or indirect, special, incidental, consequential, exemplary, and punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption. The total, cumulative, liability of the website-related-parties, including all affiliates, and their officers, directors, employees, and agents, if any, for losses or damages shall be limited to the amount of your actual damages, not to exceed US$100. The limit of liability may not be effective in some states. In no event shall the website-related-parties, including all affiliates, and their officers, directors, employees, and agents, be liable to you for any losses or damages other than the amount described above. All other damages, direct or indirect, special, incidental, consequential, exemplary, or punitive, resulting from any use of this website or contents are excluded even if the website-related-parties have been advised of the possibility of such damages. You agree that you use this site at your own risk. If you are dissatisfied with this website or the content, your sole and exclusive remedy is to discontinue using this website.
By accessing and/or using this Website, you agree to indemnify, defend and hold Sunstone Partners and its respective officers, directors, employees, members, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties“) harmless from and against any and all liability and costs, including without limitation reasonable attorneys’ fees and expenses, incurred by the Indemnified Parties in connection with any claim arising out of, or breach by you of, these Terms or from your unauthorized use of this Website. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.
These terms and conditions constitute the entire agreement between you and Sunstone Partners and govern your use of this Website and any services offered on this Website. This agreement, and any published modifications to this agreement, supersedes any prior Terms or other agreements between you and Sunstone Partners concerning use of this Website (except as specified in the section of these Terms entitled Non-Public Investor Sections of this Website).
The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought. If any portion of this Agreement is held to be unenforceable, the unenforceable portion will be construed in accordance with the relevant law to as nearly as possible reflect the original intentions of the parties and the remainder of the agreement will be enforced as written. You agree that, except as expressly provided herein, there shall be no third-party beneficiaries of these Terms.
This Agreement has been made in and shall be construed in accordance with the laws of the State of Delaware without regard to its conflict of law provisions. By accessing or using this Website, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the State of Delaware for resolution of any disputes arising out of or relating to this Agreement or your use of this Website.