Navigating the digital landscape requires understanding the fine print, especially when it comes to financial websites. Centerbridge Capital Partners, a leading private investment firm, provides a comprehensive website for users seeking information. However, accessing and using this website is governed by a detailed Terms of Use agreement. This article breaks down the key aspects of these terms, ensuring you understand your rights and responsibilities when interacting with the Centerbridge Capital Partners website.
This document serves as a legally binding agreement between you, the user, and Centerbridge Partners, L.P. (referred to as “Centerbridge,” “our,” “us,” or “we”). By accessing or using the website, you automatically agree to comply with all the terms and conditions outlined. It’s crucial to understand that Centerbridge can update this agreement at any time without prior notice, and your continued use of the site signifies your acceptance of the updated terms. Therefore, regular review of this agreement is highly recommended. If you disagree with any part of these terms, you are advised not to use the website. For any questions regarding these terms, Centerbridge provides an email contact: [email protected].
Your Limited Right to Use the Centerbridge Website
Centerbridge grants you a limited, non-exclusive right to access and use their website. This right is contingent upon your full compliance with the Terms of Use and any other guidelines or policies established for the site. Crucially, the content provided on the website is intended for your personal use and information. You are explicitly restricted from disclosing any content to third parties, except for your financial, legal, or tax advisors who need this information for advisory purposes. This restriction underscores the confidential nature of the information potentially available on the site.
Centerbridge retains the right to revoke your access to the website, or any part of it, at any time and for any reason. Furthermore, any attempt to violate or breach the security of the website is strictly prohibited. This includes activities that could compromise the website’s integrity or access unauthorized areas.
Ownership of Content and Restrictions
The Centerbridge website and all its content, including text, graphics, videos, data, and other materials, are legally owned by Centerbridge, its affiliates, and/or third parties. This ownership is protected by various intellectual property laws, including copyrights, patents, trademarks, and database rights. These protections are in place to safeguard Centerbridge’s assets and prevent unauthorized use of their proprietary information.
As a user, you are strictly prohibited from actions such as decompiling, reverse engineering, disassembling, or deconstructing any part of the website. You cannot publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create derivative works from, or redistribute any portion of the site unless explicitly permitted within the Terms of Use. The only explicitly permitted action is printing copies of accessible sections for your personal use. Sharing information learned from the site is allowed only with your financial, legal, accounting, or tax advisors for the purpose of seeking their professional advice. Removing or altering any copyright, trademark, or proprietary notices from the website content is also forbidden.
Your Representations and Warranties
By using the Centerbridge website, you make certain legally binding representations and warranties to Centerbridge. These are essentially promises you make about your legal capacity and behavior in relation to the website.
Firstly, you represent that you possess the full legal authority and rights necessary to enter into and fully comply with all obligations outlined in the Terms of Use. This means you are of legal age and have the legal capacity to agree to these terms. Secondly, you warrant that you have not entered into, and will not enter into, any agreement or action that could contradict the purpose or effect of the Terms of Use. Finally, you agree that you will not delete any content from the Centerbridge website. This reinforces the understanding that you are a user with limited access, not someone with administrative control over the site’s content.
It’s also important to note that the website may contain information about funds you are not currently invested in. By accessing the site, you acknowledge that you have specifically requested this content and that its availability is not a result of any marketing efforts by Centerbridge.
Limitations on Website Usage
Your use of the Centerbridge website is subject to several key limitations designed to ensure the site’s integrity and security, and the compliance of all users. You explicitly agree to:
- Comply with all applicable laws and regulations: Your website usage must adhere to all relevant legal frameworks.
- Not interfere with site functionality or appearance: Actions that disrupt the website’s operation or visual presentation are prohibited.
- Refrain from data mining or scraping: Automated or manual processes to extract, copy, or monitor website content are forbidden. This protects Centerbridge’s data from unauthorized harvesting.
- Not attempt unauthorized access: Gaining or attempting to gain access to restricted areas or features of the website is strictly prohibited. This reinforces security and data protection.
Informational Purposes Only – No Investment Advice
The content provided on the Centerbridge website is strictly for informational purposes. It should not be interpreted as an offer to sell or a solicitation to buy any security or investment product. Even though the site may present investment-related information, it does not constitute a recommendation to purchase, sell, or hold any specific security or pursue any particular investment strategy. Centerbridge explicitly states that they do not provide advice or make representations about the suitability or profitability of any investment for any individual user.
Crucially, nothing on the website should be considered legal, tax, investment, or accounting advice. Users are strongly advised to consult with their own professional advisors for these matters. The website serves as an information resource, not a substitute for personalized professional consultation. It is also vital to remember that past investment performance is not indicative of future results. This standard disclaimer highlights the inherent risks in investment and the limitations of relying solely on past data.
Risks Associated with Relying on Website Content
Users must acknowledge and accept various risks when relying on the content presented on the Centerbridge website. Dated content is only accurate as of the indicated date, and information may become outdated quickly in financial markets. While Centerbridge strives for accuracy, they do not guarantee immediate updates or corrections, even if inaccuracies are known. The website content is subject to change at any time without notice. Furthermore, Centerbridge does not endorse or warrant the accuracy of opinions or content provided by third parties on the site. Users are responsible for their own interpretations and decisions based on website content, and Centerbridge explicitly disclaims liability for any actions or decisions made in reliance on this content.
Technological Issues and Liability Disclaimer
Centerbridge explicitly disclaims liability for technological problems that may arise from using their website. The site, or portions of it, may be unavailable or malfunction at times. While reasonable efforts are made to prevent technical issues, the site may still experience problems such as viruses or other damaging software. Centerbridge also disclaims liability for data interception during transmission over the internet or telephone lines, despite taking reasonable security precautions. Website security is not guaranteed, and Centerbridge is not liable for damages or injury resulting from website performance or failure, defects, delays, or errors in website usage.
Links to Third-Party Websites
The Centerbridge website may contain links to third-party websites. These links are provided solely as a convenience to users. Centerbridge explicitly states that they have no control over the content of these third-party sites and makes no representations regarding their accuracy or suitability. The inclusion of links does not imply endorsement, authorization, sponsorship, or affiliation with the third-party sites, their owners, or providers. Centerbridge has not tested any information, software, or products found on these linked sites and disclaims any responsibility for them. Users who choose to access third-party websites linked from the Centerbridge site do so entirely at their own risk.
Monitoring and Response Rights
Centerbridge reserves the right, but not the obligation, to monitor and record activity on their website for any reason or no reason. This monitoring can include tracking user behavior, content accessed, and other website interactions. They may investigate any complaints or reported violations of their policies and report suspected illegal activity to relevant authorities. Centerbridge has the right to issue warnings, suspend or terminate website access, deny access to specific parts of the site, or take any other action deemed appropriate in response to user behavior or security concerns. This clause highlights Centerbridge’s proactive approach to website management and user compliance.
Website Privacy Policy
The handling of personal information collected through the Centerbridge website is governed by their Website Privacy Policy. This policy is an integral part of the Terms of Use and is incorporated by reference. Users are encouraged to review the Privacy Policy to understand how their data is collected, used, and protected.
Non-Public Investor Sections
For investors or representatives of investors in Centerbridge funds, access may be granted to non-public sections of the website through a unique Investor Portal login. Use of this Investor Portal is also governed by a separate set of “Important Information and Terms of Use for the Centerbridge Investor Portal.” Users with Investor Portal access are responsible for maintaining the confidentiality of their login information and are accountable for all activity conducted through their account, regardless of who performs the actions. Immediate notification to Centerbridge is required in case of any known or suspected unauthorized use of login information or security breaches.
Disclaimer of Warranties and Limitation of Liability
Centerbridge provides the website on an “AS IS” and “AS AVAILABLE” basis and disclaims all warranties to the maximum extent permitted by law. This means there are no guarantees regarding website functionality, availability, accuracy, or freedom from viruses or malware. Specifically, Centerbridge disclaims warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights.
Centerbridge’s liability concerning the website is strictly limited to the maximum extent permitted by law. They will not be liable for any indirect, incidental, special, punitive, or consequential damages arising from website use or inability to use the site, even if advised of potential damages. The maximum liability of Centerbridge to any website user is capped at $100. This liability limitation applies to all damages or injury, including those caused by website failures, errors, omissions, interruptions, viruses, or unauthorized access, regardless of the legal theory of liability.
User Responsibility for Breach of Agreement
Users are responsible for any liability incurred by Centerbridge resulting from their breach of the Terms of Use or their website usage. This includes an agreement to indemnify and hold harmless Centerbridge and its affiliates from any claims, losses, damages, costs, and expenses (including attorney’s fees) arising from: (i) website use, (ii) breach of the Terms of Use, (iii) violation of laws or third-party rights, or (iv) third-party claims that, if proven, would constitute a breach of user representations or warranties within the Terms of Use. This clause emphasizes user accountability for their actions and ensures Centerbridge is protected from legal repercussions of user misconduct.
Governing Law and Jurisdiction
The Terms of Use agreement is governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Users consent to the exclusive jurisdiction of the state and federal courts of New York for any legal disputes related to the agreement. Furthermore, to the fullest extent permitted by law, both parties waive any right to a trial by jury in any legal proceeding concerning the Terms of Use. This clause clarifies the legal framework and dispute resolution process for the agreement.
General Conditions
Several general conditions apply to the Terms of Use. Centerbridge may assign this agreement, in whole or in part, without user consent. Users, however, may not assign the agreement or delegate their obligations. Any unauthorized assignment by the user is void. If any provision of the agreement is deemed invalid or unenforceable, it will be enforced to the maximum extent possible, while the remaining provisions remain in effect. No waiver by Centerbridge of any term in the Terms of Use constitutes a waiver of any other term. The Terms of Use represent the entire agreement between users and Centerbridge concerning the website and supersede all prior understandings.
Last Revised: July 24, 2023
This breakdown provides a comprehensive yet accessible overview of the Centerbridge Capital Partners website Terms of Use. Understanding these terms is crucial for all users to ensure compliant and informed website interaction. Always refer to the official document on the Centerbridge website for the most accurate and up-to-date information.
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