Terms of Use

Terms of Use

THIS AGREEMENT GOVERNS YOUR USE OF THE WEBSITE LOCATED AT WWW.CERBERUS.COM AND ALL CONTENT AND SERVICES AVAILABLE VIA THIS SITE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE.

Acceptance of Terms of Use

These Terms of Use (“Agreement”) state the terms and conditions under which you may use the website located at www.cerberus.com and all Content and Services (as defined below) available therein (the “Site”). Please read this Agreement carefully. This Site contains various information in the form of data, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software, news, reports, videos and other materials relating to Cerberus Capital Management, L.P. (“CCM” or “we”) as well as third party content, (collectively, the “Content”). By accessing, browsing and/or using this Site and any services that may be made available through the Site (the “Services”) you acknowledge that you have read, understood and agree to be legally bound by this Agreement. We reserve the right to amend this Agreement at any time and from time to time. If you use the Site after the amended Agreement has been posted, you will be deemed to have agreed to the amended Agreement.

Use Restrictions

You are expressly prohibited from (i) using any robot, spider, intelligent agent, other automatic device, or manual process to monitor, “mine”, manipulate or copy the web pages on the Site, (ii) using any device, software or routine to interfere or attempt to interfere with the proper working or circumvent, disable or otherwise compromise any security features of the Site, (iii) knowingly or recklessly uploading or transmitting to the Site any data or material that contains viruses, spyware, worms or other malicious software code designed to adversely affect the operation of the Site or CCM’s software, hardware or networks and (iv) taking any action that imposes an unreasonable or disproportionately large load on CCM’s infrastructure.

CCM prohibits the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by CCM in writing. You may not frame any elements of the Site with any other website.

Privacy Policy

Please click here to review the CCM Privacy Notice, which is part of this Agreement and hereby incorporated by reference, to learn about our information collection and processing practices and the measures we take to preserve the privacy and security of your information. By using the Site, you acknowledge having been informed about the collection, use, disclosure and other handling of personal information consistent with the Privacy Notice.

Cookies

We may collect certain aggregate and non-personal information when you visit the Site. We may collect this information through “cookie” technology. Cookies are bits of text that can be placed on your computer’s hard drive when you visit certain websites. Cookies may enhance your online experience by saving your preferences while you are visiting a particular site. The “help” portion of the toolbar of most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Disabling cookies might mean that you cannot take advantage of some Site features.

Sign-In Name and Password Policy

Certain areas of the Site may require you to register prior to being granted access. During the registration process, we will assign to you a unique sign-in name (“Sign-In Name”) and a password (“Password”). Each Sign-In Name and Password can be used by only one user. You are solely responsible for the confidentiality and use of your Sign-In Name and Password, as well as for any use, misuse or communications entered through the Site using your Sign-In Name and Password. You should notify the CCM Data Protection Officer (dataprotectionofficer@cerberus.com) immediately if you become aware of any loss, theft or unauthorized use of your Sign-In Name or Password. CCM reserves the right to delete or change one or both of them and to terminate or suspend your access to the restricted access areas of the Site at any time and for any reason.

WARNING REGARDING INTERNET PHISHING AND FRAUD

Our name, brands and reputation may be misused by imposters and frauds publishing fake web sites and engaging in “phishing” scams seeking personal or confidential information.

When communicating with CCM through digital media, please:

  • Confirm you are visiting an authorized CCM website.
  • Do not share your Sign-In Name and Password with anyone, including anyone from CCM. We will never ask you for this information. (If you forget your Sign-In Name or Password, we will issue you new ones.)
  • Do not communicate or deal with personnel who are not affiliated with an authorized CCM office. All authorized office locations are listed here.
  • Do not send e-mails to anyone with an address other than authorized CCM e-mail addresses. CCM only uses the “@Cerberus.com” or the “@Cerberusuk.com” e-mail domains. CCM does not permit our employees and authorized representatives to send or receive work related e-mails from personal accounts or any other address.

Intellectual Property Rights in the Site

You acknowledge that the Site, the domains and sub domains, and the various elements contained therein, including, but not limited to, the Content, are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of CCM or its licensors. You shall comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.

Trademarks

“Cerberus Capital Management, L.P.” and all other trademarks, logos and services marks displayed on the Site are trademarks belonging to CCM, its affiliated entities, or its licensors (collectively the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site, without CCM’s prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to benefit of CCM, its affiliated entities, or its licensors, as the case may be.

International Use

The Site is operated and controlled by CCM in the United States, and the Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States. Despite the global nature of the Internet, CCM makes no claims that the Content or the Site are appropriate or may be viewed or used outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. CCM makes no representations that the transactions, products or services discussed on or accessible through the Site are available or appropriate for sale or use in all jurisdictions or by all users. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.

Links to Third Party Websites

The Site may periodically provide links to third party websites. These Terms of Use govern only the Site and not any such third party websites. CCM’s decision to link to a third party website is not an endorsement of the content or services in that linked third party website. If you decide to access linked third party websites, your access is governed by the terms of use and privacy policies of those sites, and you do so at your own risk. You should direct any concerns regarding any third party websites to the administrator of the applicable third party website. CCM makes no representation or commitment and accepts no responsibility for any such third-party websites, or any transactions completed, or contracts entered into by you with any such third party or any security threats they may cause to your system.

User Information

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “User Information”) to CCM through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any User Information to CCM through the Site. All User Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. CCM, or any of its affiliated entities, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, CCM and its affiliated entities are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any User Information to the Site, you are granting CCM and its affiliated entities a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such User Information and to use your name and other identifying information in connection with such User Information. Please note, notwithstanding the foregoing, you are strongly discouraged from submitting any unsolicited information to the Site or directly to CCM or its affiliates, particularly personal information of any sort.

Further, electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Site may not be secure. Communications to CCM particularly those containing confidential information, should be sent to the CCM address below.

No Responsibility for Connectivity

You are responsible for the means you use to access the Site and all costs associated therewith. CCM is not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.

Disclaimer of Warranty

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CCM DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. CCM DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU. CCM DOES NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

No Offers or Reliance

No material available through the Site shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of CCM or any of CCM’s affiliated entities. Offers can only be made where lawful under, and in compliance with, applicable law. CCM is not utilizing the Site to provide investment or other advice, and no information or material available through the Site is to be relied upon for the purpose of making or communicating investment or other decisions. CCM does not advise on the tax, accounting, regulatory or legal consequences of any investment. To the extent that past performance is available through the Site, past performance is not indicative of future results, and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.

The Site contains 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 forward-looking terminology such as “may”, “will” “should”, “expect”, “anticipate”, “target”, “project”, “estimate”, “intend”, continue” or “believe” or the negatives thereof or other variations thereon or comparable terminology. Due to various risks and uncertainties, actual events or results or the actual performance may differ materially from those reflected or contemplated in such forward-looking statements.

Any transactions described on the Site as having been engaged in by CCM are included as representative transactions for illustrative purposes only and may not be representative of all transactions engaged in by CCM.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL CCM, OR ANY OF ITS AFFILIATED ENTITIES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “CCM PARTIES”), BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE AND THE INFORMATION OBTAINED THROUGH THE SITE. IN NO EVENT SHALL ANY OF THE CCM PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS OF USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

Indemnification

You shall indemnify and hold harmless CCM, its directors, officers and agents and the directors, officers and agents of its affiliates, for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site, or any violation of this Agreement.

Termination

CCM reserves the right, in its sole discretion, to restrict, suspend or terminate these Terms of Use and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. CCM reserves the right to change, suspend or discontinue all or any part of the Site at any time without prior notice or liability.

Security of the Site

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. CCM reserves the right to view, monitor and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing or recording is subject to review by regulators, law enforcement or other organizations in connection with investigation or prosecution of possible illegal activity on the Site. CCM will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.

Miscellaneous

The sections of these Terms of Use entitled Disclaimers and Limitation of Liability, Indemnification and Miscellaneous shall survive the termination of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, USA, except with regard to its conflicts or choice of law rules. These Terms of Use contain the entire agreement between CCM and you concerning the Site and supersedes all existing agreements and all other oral, written or other communication between CCM and you concerning the Site. You shall comply with all laws, rules and regulations that are now or hereinafter promulgated by any government authority or agency that govern or apply to the operation and use of the Site. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by CCM.

Copyright Infringement Complaints and Notification Procedures

If you believe that any Content violates yours or a third party’s copyright, please notify CCM by providing the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

 

How to Contact CCM

If you have any questions, comments, or concerns about this Agreement or the information practices of the Site, please contact CCM as follows:

Cerberus Capital Management, L.P.
875 Third Avenue
New York, NY 10022
Tel: +1-212-891-2100
Visit Cerberus’ Contact Us section.