Please read these terms and conditions ("Terms of Use") carefully as they apply to all users ("user" or "you/your/yours") of this website (the "Website"). By accessing, viewing, and/or using this Website, you are agreeing to be bound by these Terms of Use. If you do not agree to the Terms of Use set forth below, you are not authorized to use this Website and you must exit the Website. You are also directed to review our Privacy Notice.
Tract, a Tract Capital Management, LP company (together with its affiliates, collectively referred to herein as "Tract") reserves the right, in our sole and absolute discretion, to change, modify, add or remove portions of these Terms of Use at any time without notice. We will post the revised Terms of Use to the Website and the changes will be effective upon such posting. Your continued use of the Website following any modification constitutes your agreement to these terms. In addition, when using the Website or a service of this Website, you will be subject to any posted guidelines, rules, or policies for the service. Those guidelines, rules, and policies, whether now existing or adopted in the future, are incorporated by reference into these Terms of Use.
The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with Tract. If you do not meet all of these requirements, you must not access or use the Website.
1. Access Rights and Indemnity
Subject to your agreement to these Terms of Use and continued compliance with the same, you are granted a limited, non-exclusive, non-transferable, and revocable license to access and make personal and non-commercial use of this Website. Your use of this Website is at your own risk and you shall indemnify, defend, and hold us, our affiliates, licensees, successors, and assigns and their respective officers, directors, employees, administrators, contractors, agents, licensors, successors and assigns, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys' fees and costs of litigation, arising out of or in any way related to your violation of these Terms of Use, your access or use of the Website, your access or use of the Tract Content (as defined below), or any user content or submission (including any use or access by your employees, agents, or representatives), or your violation of any rights of another.
2. Proprietary and Intellectual Property Ownership Rights
The design and content of this Website, including all trademarks, text, information, models, graphics, and applications contained within or made available through the Website (collectively, "Tract Content") are the sole and exclusive proprietary property of Tract and protected by copyright, trademark, and other United States and international intellectual property laws. Further, the selection, arrangement, and design of all Tract Content are the sole and exclusive property of Tract. Any third party product and company names mentioned on this Website are the trademarks or service marks of their respective owners. Any other Tract Content posted on this Website is the copyrighted work of the author or owner. You may not use any trademarks or service marks without the express written consent from Tract or the applicable owner.
3. Copyright Complaints
All material on this Website is copyrighted by Tract. All rights reserved. Other than as necessary for the purpose of viewing the Website in the course of a business, it is strictly forbidden to copy any material on this Website for commercial use or to republish any or all Tract Content on a proxy server, cache, or other similar form of storage.
4. Third-Party Links
From time to time, Tract may provide links from the Website to websites operated by third parties. Tract's decision to do so is in no way an endorsement of these websites. Tract does not monitor, edit or control such third-party websites and is not responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to follow links to such websites is at your sole risk. When you click on a link to another website you will be leaving this Website. If you have any questions regarding a linked website, please direct them to the administrator of the relevant website. Tract reserves the right to terminate any link at any time.
5. Disclaimer of Warranties
The material on this Website is provided by Tract on an "as is" basis. Tract does not make any representations or warranties of any kind, express or implied, as to the operation of this Website or any information made available by or through the Website. In addition, Tract disclaims all warranties, express or implied, including but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose and non-infringement. Tract does not warrant that use of the Website will be uninterrupted, available at any time or from any particular location, secure or error-free, that defects will be corrected, or that the Website is free of viruses or other potentially harmful components.
6. Limitation of Liability
In no event will Tract be liable for direct, indirect, incidental, punitive, special, exemplary or consequential damages (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use of or inability to use the Website or Tract Content, whether based on contract, warranty, tort, strict liability or other legal theory, and regardless of whether Tract knew or was advised of the possibility of such damages.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
7. Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred, unless otherwise required by law.
8. Tract Capital Management, LP – Platforms
This Website includes information regarding Tract Capital Management, LP's current and historical investment vehicles and strategies, including Tract. Past performance is not a guarantee of future results and there can be no assurance that any present or future portfolio company will achieve comparable results or be able to implement a desired strategy or objective. Further, there can be no assurance that any investor in a portfolio company would not lose any or all of their invested capital.
9. No Offer or Advice
This Website does not constitute an offer to sell or a solicitation of an offer to buy any securities, services or products, and may not be relied upon in connection with any offer of 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 the Website is provided to you with the understanding that Tract's provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. In addition, you understand and agree that all Tract Content provided in connection with the Website 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 Tract Content provided in connection with the Website. 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.
10. Forward-Looking Statements
Certain information on this Website may contain forward-looking statements. The words "believe", "expect", "anticipate", "optimistic", "intend", "aim", "will" or similar expressions are intended to identify such forward-looking statements. Forward-looking statements are inherently uncertain and changing factors, such as those affecting the markets generally or those affecting particular industries, may cause events or results to differ from those discussed on this Website. As a result, reliance should not be placed on such statements or the conclusions drawn therefrom. Tract undertakes no obligation to update or revise any forward-looking statements, whether as a result of new information, future developments or otherwise.
If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Website, please contact privacy@tract.com.