Terms & Conditions
Welcome to www.elcm.com. The information offered by Emerald Lake Capital Management, L.P. and its affiliated entities (together, “Emerald Lake”) on this website (the “Site”) is subject to the terms and conditions set forth herein (these “Terms and Conditions”). These Terms and Conditions apply to all users. By entering the Site or by transmitting any information to the Site you acknowledge and agree to all of the Terms and Conditions. Please read them carefully. If you do not agree to the Terms and Conditions, please do not use the Site. Any use of the Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We reserve the right to revise these Terms and Conditions at any time and for any reason, without notice or obligation, by updating this posting. Your continued use of the Site following the posting of any changes to the Terms and Conditions will mean that you accept such amendments. We strongly recommend that you periodically visit this page of the Site to review the Terms and Conditions.
The Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Emerald Lake. If you do not meet all of these requirements, you must not access or use the Site.
1. PURPOSE OF THE SITE; NOT INVESTMENT ADVICE; NO RECOMMENDATIONS. The information presented on or through the Site is made available solely for informational purposes in relation to Emerald Lake and its financing capabilities for prospective portfolio companies. Emerald Lake does not warrant the accuracy, completeness or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. Emerald Lake disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
The Site is not intended to provide legal, business, tax, accounting, investment or other advice. You agree not to construe any of the content provided in connection with the Site as legal, business, tax, accounting, investment, financial or other advice. You agree that the content provided in connection with the Site does not, and shall not be deemed to, constitute an offer to sell, or a solicitation to any person to buy, any security or similar investment. You understand that none of the content of the Site constitutes a recommendation that you or any other person purchase, sell or hold any security, company, investment product or similar investment, or that you should pursue any investment strategy, and the content of the Site is not to be relied upon for the purpose of making investment or other decisions. In addition, you understand and agree that all content provided in connection with the Site is published without consideration of your individual circumstances, financial or otherwise. Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including the evaluation of any investment or other risks, with respect to any of the content provided in connection with the Site. You agree to consult your own professional advisors as to any legal, business, tax, accounting, investment, financial or other advice regarding any content provided in connection with the Site.
2. REGULATORY DISCLOSURES. Emerald Lake does not solicit or make its services available to the public. The content provided on or through the Site may include information regarding past and/or present portfolio companies or investments managed by Emerald Lake, its affiliates and/or its personnel. It should not be assumed that investments made in the future will be comparable in quality or performance to the investments described herein. Further, references to past and present portfolio companies should not be construed as a recommendation of any particular investment or security. Current and previous portfolio companies listed on the Site are not to be considered a complete list of all investments historically made by Emerald Lake. The portfolio companies listed should not be assumed to have been profitable. Any past performance information on the Site is not necessarily indicative, or a guarantee, of future results.
Certain information contained on the Site constitutes “forward-looking statements.” All forward-looking statements represent only the intent and belief of Emerald Lake as of the date such statements were made. None of Emerald Lake or any of its affiliates (i) assumes any responsibility for the accuracy and completeness of any forward-looking statements or (ii) undertakes any obligation to disseminate any updates or revisions to any forward-looking statement contained on the Site to reflect any change in their expectation with regard thereto or any change in events, conditions or circumstances on which any such statement is based. Due to various risks and uncertainties, actual events or results may differ materially from those reflected or contemplated in such forward-looking statements.
Emerald Lake is registered with the U.S. Securities and Exchange Commission as an investment adviser, which does not imply a certain level or skill or training.
3. COPYRIGHTS AND TRADEMARKS. No portion of the Site, including, without limitation, the text or images may be used in any manner, or for any purpose, without the prior express written approval of Emerald Lake, except as provided herein. The compilation of all content on the Site is the exclusive property of Emerald Lake and is protected by U.S. and international copyright and other laws. All software used on the Site is the property of Emerald Lake or its software suppliers and is protected by U.S. and international copyright and other laws.
By entering the Site you acknowledge and agree that each name, logo, trademark, service mark, or tradename contained on the Site is owned or licensed by Emerald Lake (or otherwise used by Emerald Lake with permission) and may not be used by you without the prior express written approval of Emerald Lake. Emerald Lake is a federally registered trademark of Emerald Lake Capital Management, L.P. The hexagonal logo is a trademark of Emerald Lake Capital Management, L.P. This website contains copyrightable material owned Emerald Lake Capital Management, L.P. Emerald Lake will aggressively enforce its intellectual property rights to the full extent of the law. Information or images of places or people are either the property of Emerald Lake or used on the Site by Emerald Lake with permission. Your use of any such materials is prohibited unless specifically permitted by Emerald Lake. Any unauthorized use of such materials may subject you to penalties or damages, including, without limitation, those related to violation of trademarks, copyrights, privacy, and publicity rights.
4. RESTRICTED USE OF SITE MATERIALS. Emerald Lake grants you a limited license to access and use the Site for your personal use only. Also for your personal use only, you may print copies of the information from the Site and you may store information from the Site on your own computer. You may not modify the Site, or any portion thereof, for any reason. Any unauthorized use terminates the approval or limited license granted by Emerald Lake. Emerald Lake reserves all other rights.
5. LINKING, POSTING, AND TRANSMITTING. Although Emerald Lake provides the information accessible on the Site for your personal, non-commercial use, Emerald Lake retains all property rights, including, without limitation, property rights under U.S. and international copyright law, to all such information. Without the prior express written approval of Emerald Lake, you MAY NOT do any of the following: (A) hyperlink to the Site, whether to its homepage or to an interior page; (B) include information from the Site on another site, on a server computer, or in documents; (C) modify or re-use the information from the Site; or (D) transmit any commands, codes or information to the Site, with the exception of those commands necessary to view the Site. Emerald Lake reserves all other rights.
Do not transmit to the Site or to any Emerald Lake personnel, (A) any pornographic, obscene, profane, defamatory, libelous, threatening, or unlawful material or any unsolicited commercial communications or (B) any material that could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Emerald Lake, or other parties involved in creating, producing, or delivering the Site, may monitor or review any transmissions to the Site or to Emerald Lake personnel, Emerald Lake and such other parties assume no responsibility or liability that may arise from the content thereof, including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
Although the Site may be linked to other sites upon permission, Emerald Lake is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the Site you acknowledge and agree that Emerald Lake has not reviewed all the sites that may be linked to the Site and is not responsible for the content of any off-site pages or any other site linked to the Site. You further acknowledge and agree that when you follow links to pages not maintained on the Site, you do so at your own risk.
6. DISCLAIMERS. While Emerald Lake makes all reasonable efforts to help ensure that all material on the Site is correct, accuracy cannot be guaranteed and Emerald Lake makes no warranties or representations as to the accuracy of the Site. THE SITE, AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. EMERALD LAKE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS CONTENTS WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.
7. LIMITATIONS ON LIABILITY. Emerald Lake does not assume any liability or responsibility for the Site or its contents. To the fullest extent permitted by law, Emerald Lake is not liable to you or anyone else for any claim of any nature whatsoever based on (1) the Site or its contents, including any decision made or action taken in reliance on the content or any feature of the Site or (2) your breach of any provision of these terms and conditions. By entering the Site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, special, exemplary or punitive damages, or any other liabilities, losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) that may arise, directly or indirectly, through access to the Site, use or browsing of the Site, or through your downloading of any text or images, from the Site, regardless of the theory of liability, whether tort (including negligence of any kind), contract or any other legal or equitable theory, even if advised of the possibility of the damages or if the damages could have been foreseen.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. TERMINATION. You acknowledge and agree that Emerald Lake may terminate your access to the Site should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Emerald Lake. Any such termination shall be in Emerald Lake’ sole discretion and may occur without prior notice, or any notice. Emerald Lake further reserves the right to terminate any user’s access to the Site for any conduct that Emerald Lake, in its sole discretion, believes (A) is or may be directly or indirectly harmful to other users, to Emerald Lake or its affiliates or business contractors, or to other third parties or (B) violates any local, state, federal, or foreign laws or regulations.
9. INDEMNIFICATION. You agree that you will be solely responsible for, and that you will defend, indemnify and hold harmless Emerald Lake, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives, as well as Emerald Lake’ licensors and other third-parties with which Emerald Lake contracts, harmless from and against any and all claims, demands, actions, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms and Conditions or otherwise resulting from your use of the Site. Emerald Lake reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Emerald Lake for all liabilities, losses or damages. You agree to provide Emerald Lake with whatever cooperation it reasonably requests.
10. APPLICABLE LAW AND JURISDICTION. By visiting the Site, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between you and Emerald Lake. Emerald Lake may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such court.
11. USER SUBMISSIONS. By entering the Site you acknowledge and agree that any communication or material you transmit to the Site or Emerald Lake, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any materials you transmit to Emerald Lake may be used by Emerald Lake, anywhere, anytime, and for any reason whatsoever.
13. SEVERABILITY. Should any of the Terms and Conditions be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms and Conditions.