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By using this website, www.gsc.com, (the “Website”)
you are knowingly and willingly agreeing to be bound
by these Terms of Use and understand that these terms
of use shall constitute a binding and enforceable contract
between you and GSC Group (“GSC”).
TERMS OF USE
These “Terms of Use” set forth
the terms and conditions under which you may access
and use the Website. If you do not agree to these terms
of use, you may not use this Website. GSC may change
the Terms of Use from time to time, so we encourage
you to review our Terms of Use whenever you use the
Website to make sure you understand how you may use
the Website. Your continued use of the Website following
the posting of changes to the Terms of Use will signify
your acceptance of the then current Terms of Use. The
Terms of Use will include the date we last updated the
Terms of Use.
Disclaimer
GSC Group intends that this web site will
be viewed by U.S. persons for informational purposes
only. This should not be viewed as a solicitation or
offer of services in any jurisdiction in which GSC Group
is not qualified to do business. It is provided for
informational purposes only. The information contained
in this website does not constitute an offer to sell
or the solicitation of an offer to purchase any security
or investment product. Any such offer or solicitation
may only be made by means of delivery of an approved
confidential offering memorandum.
Use Of The Website
You agree and acknowledge that the Website
and the content, including but not limited to graphics
and information, provided on the Website (the “Web
Content”), is the sole and exclusive intellectual
property of GSC or is licensed by GSC and shall not
be copied, reproduced, displayed, sold or otherwise
distributed without the express prior written consent
of GSC, provided you may print a single copy of the
Website Content solely for your personal, non-commercial
use. GSC hereby grants you a license to access and use
the Website and the Website Content in accordance with
the terms and conditions of these Terms of Use.
Privacy
The Privacy
Policy contains additional information
about how your information (including information that
will not be publicly viewable) will and will not be
used.
Indemnity
You agree to defend, indemnify and hold harmless
GSC, its subsidiaries, affiliates, officers, directors,
employees, agents, licensors and licensees from any
claims, losses, damages, expenses, demands, and costs
(including without limitation reasonable attorneys fees),
arising out of or relating to your use of the Website.
Representations & Warranties
- (a) Disclaimer of Warranties: THE
WEBSITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. GSC EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. GSC MAKES NO WARRANTY THAT (i)
THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (ii) THE RESULTS OBTAINED FROM THE
WEBSITE WILL BE ACCURATE OR RELIABLE, OR (iii) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE WEBSITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL
DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE
WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA RESULTING FROM SUCH DOWNLOAD OR USE.
- (b) Limitation of Liability: UNDER
NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL GSC,
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
ADVISORS, LICENSORS, LICENSEES OR CONTENT PROVIDERS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING
BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED
ON THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE
TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION
OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER
OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS
FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS
TO THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION
WILL APPLY WHETHER OR NOT GSC IS GIVEN NOTICE OF THE
POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION
WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES
THAT MAY BE AVAILABLE FROM TIME TO TIME FROM GSC OR
ITS SUBSIDIARIES AND AFFILIATES. NOTWITHSTANDING THE
FOREGOING, ANY LIABILITY RESULTING FROM YOUR USE OF
THE WEBSITE SHALL BE LIMITED TO ONE HUNDRED DOLLARS,
IN THE AGGREGATE FOR ALL CLAIMS.
- (c) Exclusions and Limitations:
Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability
for incidental or consequential damages. Accordingly,
some of the above limitations may not apply to you.
In any event, the foregoing limitations shall apply
to the greatest extent permitted by law.
Warning Against Hackers
It is possible that other users or unauthorized
"hackers" may post or transmit offensive or
obscene materials on the Website and that you may be
involuntarily exposed to such materials. It may also
be possible for other users or "hackers" to
obtain personal information about you. By using the
Website, you assume the risk of such occurrences.
Miscellaneous Terms
By accessing the Website, you agree that the
laws of the State of New York, without regard to principles
or conflict of laws, will govern these Terms of Use
and any dispute of any sort that might arise between
you and GSC or its affiliates. If any provision of these
Terms of Use is held by a court of competent jurisdiction
to be invalid or unenforceable, then such provision
shall be enforced to the maximum extent permissible
so as to affect the intent of these Terms of Use, and
the remainder of these Terms of Use shall continue in
full force and effect. The failure by either you or
GSC to exercise or enforce any rights or provisions
of these Terms of Use shall not constitute a waiver
of such right or provision. All provisions in these
Terms of Use regarding representations and warranties,
indemnification, disclaimers and limitations on liability
shall survive any termination of these Terms of Use.
Contacting GSC Group
You may contact us if you any questions about
the Terms of Use, the practices of this Website, or
your dealings with the Website by sending an e-mail
to David L. Goret, Senior Managing Director, General Counsel
at dgoret@gsc.com.
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