These Terms and Conditions may be updated by us at any time. Your continued use of the Site after any such modifications
Permitted Uses of Our Site and Content
All content, including trademarks, service marks, trade names, trade dress, logos, copyrights and/or other intellectual property, displayed on the Site (“Content”) are owned, controlled or licensed to First Reserve and/or their respective owners. We have listed below the permitted uses of our Content.
- First Reserve grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy and print pages from the Site for your personal and noncommercial use only. Unless you receive our permission in advance, you may not exploit any of the Content commercially, forward it as a mass distribution, or post it on another site.
- If you download any information or materials from the Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information or materials. You may not alter or modify the Content in your copies.
Prohibited Uses of Our Site and Content
No license or right to use material on this Site other than those set forth above is granted or implied, and you shall not make any other use of such material without First Reserve’s written permission. Without limiting the generality of the foregoing:
- You agree not to copy large portions of the Site, interfere with the functioning of the Site or restrict or inhibit any others from using the Site.
- You may not (and may not encourage others to) violate any law, regulation, rule or the intellectual property or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information or computers of others through this Site.
- You may not transmit any virus, worm, time bomb or similar system interference or corruptant through this Site.
- You may not link other websites to this Site or display this Site as “framed” within another website without First Reserve’s written consent. First Reserve is not responsible for the content of any website linked or linking to this Site or displaying this Site as framed. Your linking or framing this Site to off-Site pages is at your own risk.
- You may not use any of First Reserve’s trademarks, trade names or service marks in any manner that creates the impression that such names and marks belong to or are associated with you or your affiliates or are used with First Reserve’s consent.
First Reserve has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you.
No Offer or Advice
The Content is provided for informational purposes only and does not constitute an offer to sell or a solicitation or offer to buy any securities or an invitation in any jurisdiction to invest or otherwise deal in the funds managed by or other investments made by First Reserve (the “Funds”), and may not be used or 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. The information on this Site is not intended to be, and should not be construed as, advice relating to legal, taxation, investment or any other matters. If you would like investment, accounting, tax or legal advice, you should consult your own independent financial adviser, lawyer, accountant or other adviser with respect to your individual circumstances and needs. First Reserve will not treat users of this Site as its partners, clients, customers or investors by virtue of their accessing the Site.
This website may contain forward-looking statements, which reflect our current views with respect to, among other things, the operations and performance of our businesses. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Such forward-looking statements involve unknown risk, uncertainties and other factors which may cause the actual results, financial condition, performance or achievement of the Funds, or industry results, to be materially different from any future results, performance or achievements expressed or implied by such forward looking statements. Given these uncertainties, you are cautioned not to place any undue reliance on such forward looking statements. The Funds and First Reserve disclaim any obligation to update any such forward looking statements to reflect future events or developments. All market prices, information and other data on this Site are subject to change without notice and are provided for information purposes only. Such data may be based on historical data or information provided by third parties. Assets held by the Funds are subject to change at any time, thus any portfolio holdings noted herein should not be deemed representative of portfolio holdings in the future. Past performance is not indicative of future results; 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.
Links to Other Websites
This Site may contain links to, or may be linked from, other websites that are not maintained by us. First Reserve does not endorse, have any responsibility for, or make any representations about, any other websites, including their products and services, content, communications and website use policies. First Reserve expressly disclaims any responsibility for your access to or use of such other sites.
Transmission to and from the Site
Password and Security Notification
Certain areas of the Site are password-protected and are only accessible to those who have a valid First Reserve-issued password. You may not attempt to access any password-protected areas of the Site without authorization. In the event that you have been issued such a password, you acknowledge and agree that First Reserve 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. Accordingly, you should take steps to protect the confidentiality of your password. You should notify First Reserve immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.
Disclaimer and Indemnity
First Reserve and its officers, directors, managers, partners, members, shareholders, employees and agents (collectively “Related Persons”) make no representations or warranties of any kind, express or implied, as to the accuracy, reliability, completeness, availability or other characteristics of the information or materials presented on the Site. Such information or materials are provided “as is” and “as available” and, to the fullest extent permissible pursuant to applicable law, First Reserve specifically disclaims any and all warranties of any kind, express or implied, including but not limited to all warranties of and conditions of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy or completeness. First Reserve does not warrant that the information in this Site is accurate, reliable or correct, that this Site will be available at any particular time or location, or that this Site is free of viruses or other harmful components. First Reserve shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on your computer on account of your accessing this Site. Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the Site or made via the Site may not be secure.
Decisions based on information or materials contained on the Site are the sole responsibility of the user, and as consideration for access to the Site, you agree to hold First Reserve and its Related Persons harmless from and against any claims whatsoever and of any nature for damages, losses and causes of action arising out of or in connection with any decisions that you make based on such information or materials, your use of the Site, or your violation of our website policies.
Limitations of Liability
IN NO EVENT SHALL FIRST RESERVE OR ITS RELATED PERSONS BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OR DISTRIBUTION OF THE SITE OR ANY INFORMATION OR MATERIALS OBTAINED THROUGH USE OF THE SITE. THIS IS TRUE EVEN IF FIRST RESERVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
First Reserve makes no claims that this site is appropriate or lawful for use or access outside the United States. If you access this website from outside the United States, you do so at your own risk. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and website access. Access to this site from countries or territories where such access is illegal is prohibited, and by proceeding to access the Site, users are deemed to be representing and warranting that the applicable laws and regulations of their relevant jurisdiction allow them to do so. Furthermore, our databases are located in the United States. By sending us your data, you consent to its transfer to and storage within the United States.
These Terms and Conditions are governed by New York law. If you take legal action relating to these Terms and Conditions, you agree to file such action only in the New York State Supreme Court located in New York, New York, or the United States District Court for the Southern District of New York, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with First Reserve.
Integration and Severability; Waiver
These Terms and Conditions represent the entire agreement between First Reserve and the user relating to the subject matter herein. If, for any reason, a court of competent jurisdiction finds any provision in these Terms and Conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder shall continue in full force and effect. No waiver by First Reserve of any right under these Terms and Conditions will be deemed a waiver of any other right, term or provision of these Terms and Conditions at that time or a waiver of that or any other right, term or provision of these Terms and Conditions at any other time.