Last Updated: January 2020
Equitypaytrust, LP, located at 200 Clarendon St, Boston, MA 02116, is one of the world’s leading private investment firms. At Equitypaytrust, LP (together with its subsidiaries and affiliates, “Equitypay Trust”), your privacy is very important to us. This Privacy Policy (“Policy”) describes and governs our use and disclosure of the information we collect through the Equitypaytrust website at https://www.equitypaytrust.com/ (the “Site”), as well as information that we collect through other means about people who contact us, vendors, and prospective investors and employees.
For users of the Site, your use of the Site signifies acceptance of the terms of this Policy. Undefined capitalized terms used herein shall have the definitions as set forth in our Terms of Use.
If you are Equitypaytrust investor or a representative of an investor, please see the investor privacy notice, which is available in our investor portal, for information about our collection, use, and sharing practices with respect to investor information. In addition, our investor portal provider’s policies also apply to the information collected in our investor portal.
1. Information We Collect
a. Information You Provide Directly to Us
At this time, we do not allow users to directly provide us with their information through the Site. However, you may provide us directly with information in order to access certain services, to provide services to us or to request information of us. This information may include your name, contact information, resume information, payment information or other information about yourself.
Except where we are required to screen individuals pursuant to Office of Foreign Assets Control (OFAC) laws, and similar laws and regulations, you do not have a statutory or contractual requirement to provide us or our vendors with your personal data. If you do not provide us with your information, however, we may not be able to provide certain information or services to you. For example, we will not be able to review an application for employment without certain information; similarly, we will not be able to enter into a contract with a potential investor without certain information.
b. Information We Collect from Third Parties
We may also collect information from third parties, such as a CV received from a recruiting firm, fit-for-work information received from a physician, background information received from a background check provider, information we view on social media, or details obtained from publicly available lists of individuals subject to trade restrictions. We also collect information from business partners and vendors to support our provision of investment services. The data we collect from such third parties is often in aggregate form and not individually identifiable, though at times may include personal data. For example, we may collect information from providers of market surveys and vendors who aggregate publicly available information. The extent to which we may obtain information from such sources is governed by the third-party source.
c. Information that Is Passively or Automatically Collected
i. Device/Usage Information
We may automatically collect certain information about the computer or devices (including mobile devices or tablets) you use to access the Site. As described further below, we may collect and analyze information such as (a) IP addresses, location information, unique device identifiers, IMEI and TCP/IP address, and other information about your computer or device(s), browser types, browser language, operating system, mobile device carrier information, and the state or country from which you accessed the Site; and (b) information related to the ways in which you interact with the Site, such as referring and exit web pages and URLs, platform type, the number of clicks, domain names, landing pages, pages and content viewed and the order of those pages, statistical information about the use of the Site, the amount of time spent on particular pages, the date and time you used the Site, the frequency of your use of the Site, error logs, and other similar information. As described further below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.
ii. Cookies and Other Electronic Technologies
We may also collect data about your use of the Site through the use of Internet server logs, cookies and/or tracking pixels. A web server log is a file where website activity is stored. A cookie is a small text file that is placed on your computer when you visit a website, that enables us to: (a) recognize your computer; (b) store your preferences and settings; (c) understand the web pages of the Site you have visited; (d) enhance your user experience by delivering content and advertisements specific to your inferred interests; (e) perform searches and analytics; and (f) assist with security administrative functions. We also may include tracking pixels and web beacons in email messages, newsletters, and other electronic communications to determine whether the message has been opened and for other analytics, personalization, and promotion. As we adopt additional technologies, we may also gather additional information through other methods.
Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). You can also manage the use of Flash technologies, including cookies and local storage objects with the Flash management tools available at Adobe's website. Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Site.
d. Online Analytics
We may use third-party web analytics services (such as those of Google Analytics) on our Site to collect and analyze the information discussed above, and to engage in auditing, research, or reporting. The information (including your IP address) collected by various analytics technologies described in the “Cookies and Other Tracking Technologies” section will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Site, including by noting the third-party website from which you arrive, analyzing usage trends, assisting with fraud prevention, and providing certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
e. Do-Not-Track Signals
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We do not currently recognize or respond to browser-initiated DNT signals. Third parties, such as our analytics providers, may collect data that relates to you on our Site. We cannot control third parties’ responses to DNT signals. Third parties’ responsiveness to DNT signals is governed by their respective privacy policies. You can learn more about Do Not Track here.
2. How We Use Your Information
We may use the information we collect from and about you for the following purposes:
Please note that we may combine information that we collect from you and about you (including automatically-collected information) with information we obtain about you from our affiliates, vendors, and/or other non-affiliated third parties, and use such combined information in accordance with this Policy.
We may aggregate and/or de-identify information we collect. We may use de-identified and/or aggregated data for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties.
3. When We Disclose Your Information
We may disclose and/or share your information to or with any non-affiliated third parties under the following circumstances:
4. Legal Basis for Processing Personal Data
The laws in some jurisdictions require companies to tell you about the legal ground they rely on to use or disclose your personal data. To the extent those laws apply, our legal grounds for processing your personal data are as follows:
5. Your Choices, EU Data Subject Rights and California Privacy Rights
You can request access to and/or revision of certain personal data by contacting us as described below. If you wish to limit the emails you receive from us, you can let us know by contacting us as described in the “Contact Information and Questions About this Policy” section.
Subject to local law, you may have certain rights with regard to your personal data. To learn more about the personal data we collect about you or the rights you may have, please contact us at the contact information below. These rights may include the following rights to (1) access or rectify your personal data or request its deletion, (2) request a restriction on the processing of your personal data, (3) object to the processing of your personal data, or (4) exercise other rights with respect to your personal data. Please contact us as described below. While we strongly encourage you to first raise any questions or concerns about your personal data directly with us, you may have a right to lodge a complaint with the relevant supervisory authority.
Many of the rights described here are subject to significant limitations and exceptions under applicable law (e.g., objections to the processing of personal data, and withdrawals of consent, typically will not have retroactive effect). Please also note that if we collected your personal data from a third party, you may also need to contact that third party in order to exercise your rights with them.
California residents can make certain requests about their personal information under the California Consumer Privacy Act (“CCPA”). Specifically, if you are a California resident, you may request that we:
California residents can also designate an authorized agent to make access and/or deletion requests on their behalf. We will take reasonable steps to verify your identity before responding to a request for access and/or deletion from you or your designated agent. The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights. Please note that certain information may be exempt from such requests under California law.
If you are a California resident and would like to exercise any of legal rights under the CCPA, please contact us at privacy@equitypaytrust.com.
Sale of personal information. The CCPA sets forth certain obligations for businesses that “sell” personal information. Pursuant to the definition of “sell” under the CCPA and current guidance, we do not engage in such activity and have not engaged in such activity in the past twelve months, including for minors under 16. Please note, we do share certain personal information with our service providers and certain other entities as set forth in When We Disclose Your Information.
6. Notice to California Residents
If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the CCPA). We describe the categories of information we collect, our business purposes for collecting such information, the sources and uses of such information and the entities to which we share such information in the Information We Collect, How We Use Your Information, and When We Disclose Your Information sections of this Policy. We provide additional information required by the CCPA below.
Categories of personal information we collect, use and disclose. Throughout this Policy, we discuss in detail the types of information we collect from and about users and discuss how we use and share such information. See Personal Information We Collect for more details. The following are the “categories” of personal information under the CCPA that we collect and that we may, as discussed throughout this Policy, use and disclose for our business purposes:
Identifiers (such as name, address, email address); commercial information (such as transaction data); financial data (such as credit card information); device identifiers (such as IP address and unique device identifiers); Internet or other network or device activity (such as browsing history or app usage (such as your notes and highlights in the Services); general geolocation data from IP addresses; and other information that identifies or can be reasonably associated with you.
How we use these categories of personal information. We use the categories of personal information we collect from and about you consistent with the various business purposes we discuss throughout this Policy. See How We Use Your Information for more details.
7. Data Transfer
Our computer systems are currently based in the United States, and your personal data will be processed in the United States, which may not offer the same level of protection as the privacy laws of your jurisdiction.
8. Children’s Privacy
The Site is intended for general audiences and not for children under the age of 16. If we become aware that we have collected personal information (as defined by the Children’s Online Privacy Protection Act) or personal data (under the GDPR) from children under the age of 16 without valid parental consent, we will take reasonable steps to delete it as soon as practicable.
9. Security
We have implemented administrative, technical, and physical security measures to protect against the loss, misuse, and/or alteration of your information. These safeguards vary based on the sensitivity of the information that we collect and store. However, we cannot and do not guarantee that these measures will prevent every unauthorized attempt to access, use, or disclose your information since despite our efforts, no Internet and/or other electronic transmissions can be completely secure.
10. Data Retention
We will hold your information for as long as necessary to fulfill the purposes set forth in this Policy or as long as we are legally required or permitted to do so. Information may persist in copies made for backup and business continuity purposes for additional time.
11. Third-Party Links and Services
The Site may contain links to or “frame” third-party websites, applications, and other services, including our investor website, as described above. Please be aware that we are not responsible for the privacy practices of such other sites and services. We encourage our users to be aware when they leave our Site and to read the privacy statements of each and every site they visit that collects their information.
12. Changes to this Policy
We will continue to evaluate this Policy, and we may make changes to the Policy accordingly. Any changes will be posted here and you should check this page periodically for updates. If we make material changes to this Policy, we will provide you with notice as required by law.
13. Contact Information and Questions About this Policy
If you have any questions about our Policy, please contact us at privacy@equitypaytrust.com.
Last Revised June, 2020
You should read these terms of use carefully before accessing this website.
Equitypaytrust, LP (“Equitypaytrust”, “we”, or “us”) welcomes you to our website (the “Site”) and appreciates your interest in us. These legal notices and terms and conditions of use are a contract between you and Equitypaytrust (the “Agreement”) and govern your visit to and use of the Site. Equitypaytrust is the operator and host of this Site and the environment and services accessible through the Site.
The Site contain general information about Equitypaytrust, its businesses and our portfolio and are directed at management teams interested in partnering with Equitypaytrust and for individuals considering possible employment with Equitypaytrust. The Site is not an offer of securities or any form of solicitation.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION (WHICH REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS) AND A WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN SECTION 16. By accessing, browsing and/or using the Site, you acknowledge that you have read and understand, and agree to, this Agreement and all disclaimers and terms and conditions that appear on the Site now. This Agreement may be updated by us at any time. Your continued use of the Site after any such modifications constitutes your acceptance of the modified terms and conditions. If you do not accept this Agreement, you do not have permission to access, browse or use the Site and your sole and exclusive remedy is to discontinue using the Site. As such, we strongly recommend that you periodically visit this page of the Site to review this Agreement. The date of the last revision or update appears at the top of the Agreement under the title.
Your compliance with this Agreement is a condition of your right to access the Site. Your breach of any provision of this Agreement or Other Agreements will automatically, without the requirement of notice of any other action, revoke and terminate your right to access the Site and you will be fully liable for conversion, misappropriation, trespass to chattels and all other claims and cause, regardless of the identity of the claimant or injured party, arising from or relating to your continued use of the Site after such breach.
Your use of, and access to, the Site is subject to the terms and conditions of this Agreement. This Agreement does not amend or supersede any previous written agreements you may have, or are a party to, with Equitypaytrust or any Equitypaytrust fund or account (“Other Agreement”). In the event of any inconsistency between this Agreement and any Other Agreement, the Other Agreements will govern. Some aspects of the Site contain supplemental terms and conditions and additional disclosures and disclaimers, which are hereby incorporated in this Agreement. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those aspects.
1. Privacy.
For information on how Equitypaytrust collects, uses, and discloses information from its users of the Site, please review our Website Privacy Policy.
2. Intellectual Property Rights and Ownership.
All the material displayed on and/or accessible through the Site, including without limitation, software, text, graphics, charts, information, images, articles, reports, presentations and other material (the “Content”), is the property of Equitypaytrust or others and is protected by United States and international copyright and other laws. All names, logos, trademarks and service marks displayed on the Site (the “Trademarks”) are the property of Equitypaytrust or their respective owners, who may or may not be affiliated with Equitypaytrust. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content or Trademark without the written permission of Equitypaytrust or such other party that may own the applicable Content or Trademark. Nothing in this Agreement shall constitute a waiver of any trademark, copyright or other intellectual property rights. Equitypaytrust reserves the right to enforce its intellectual property rights to the full extent of the law.
3. Notification to Equitypaytrust.
If you believe that anything posted on the Site infringes any intellectual property right that you own or control, please provide Equitypaytrust with the following written information:
Name, address, telephone number, e‐mail address and physical or electronic signature of the rights holder, or someone authorized to act on the rights holder’s behalf;
A description of the intellectual property that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site, with enough detail that Equitypaytrust may find it;
A written statement that you have a good faith belief that the disputed use is not authorized by the rights holder, 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 rights holder or authorized to act on the rights holder’s behalf.
Equitypaytrust’s agent for notice of claims of intellectual property right infringement on the Site can be reached by e‐mail at communications@equitypaytrust.com
4. Restrictions on Use.
By accepting the terms of this Agreement through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18, you may not use or access the Site. The Site does not knowingly collect personal information about children under the age of 13.
The information, materials and other Content of the Site may not be copied, displayed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written consent of Equitypaytrust in each instance. Our prior express written consent is required for (i) any resale or commercial use of the Site and/or any Content obtained from the Site; (ii) making more than minimal copies of the Site materials; (iii) any derivative use of the Site or any portion thereof; (iv) any use of automated programs, data mining, robots or other data gathering and extraction tools in connection with your use of the Site; or (v) including any portion of the Site on any other website, on a server computer or in documents, including but not limited to “mirroring” the information and/or displaying the information by means of HTML frames or similar means. If you seek permission for such use of our Site, please contact us at communications@equitypaytrust.com. Any unauthorized use of the Site, Content or Trademarks may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
You warrant that when using the Site you shall not violate or facilitate any violation of any applicable local, state, federal or international law, statute, regulation, code or ordinance, including, without limitation, regulations promulgated by or the rules of any national or other securities exchange.
Equitypaytrust reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.
5. Performance Information.
5.1 Past Performance. The information contained on, or comments expressed on, the Site may include certain prior indications of past investment performance. In considering such prior performance information, you should bear in mind that past performance is not necessarily indicative of future results and there can be no assurance that an investment will, or is likely to, achieve comparable results to those achieved in the past, or that significant losses will be avoided.
5.2 Analyses and Opinions. Market analyses and statements of opinions provided on the Site are inherently uncertain and are based on a number of assumptions. You should carefully review information regarding any such analyses and underlying assumptions.
5.3 Forward-Looking Statements. Certain information in the Site may contain certain “forward-looking statements” about Equitypaytrust, the funds or accounts it advises and their underlying investments which can be identified by the use of words such as “may”, “will”, should”, “expect”, “anticipate”, “project”, “estimate”, “intend”, “continue”, or “believe” or similar expressions. Equitypaytrust undertakes no obligation to update publicly or revise any forward-looking statements. Due to various risks and uncertainties, actual events, results or performance may differ materially from those reflected or contemplated in such forward-looking statements. No representation or warranty is made as to future performance or such forward-looking statement.
5.4 Assets under Management. Any reference to Assets Under Management or AUM used on the Site reflect the combined Assets Under Management of Equitypaytrust and its affiliate investment advisors as of the close of the prior calendar quarter.
5.5 Attribution of Quotations. Any statement or wording on the Site that is presented as a quotation or testimonial is a quotation or testimonial of an employee of Equitypaytrust, and not a quotation or testimonial from a third party, investor or portfolio company personnel.
6. Portfolio Companies.
The portfolio companies shown throughout the Site are intended to provide a complete list of active investments by business but may not always reflect the most up to date composition of our portfolio.
7. Third-Party Links.
Equitypaytrust may provide links from the Site to websites operated by third parties who may or may not be affiliated with Equitypaytrust. We do not endorse, have any responsibility for or make any representations about, any other sites, including their products and services, content, communications and website use policies. We make no express or implied warranty about the accuracy, copyright compliance, legality, merchantability or any other aspect of the content of such links. The use of third party websites is entirely at your own risk. By accessing these links, you acknowledge that such other sites or locations are not under the control of Equitypaytrust and you agree that Equitypaytrust shall not be responsible for any information or additional links found at such site or location, or for your use of such information.
8. Non-Public Investor Sections of the Site.
If you are a Equitypaytrust investor or are a representative of a Equitypaytrust investor, you may have been granted access to certain non-public portions of the Site through a uniquely assigned investor log-in (“Investor Sections”). In addition to this Site, your use of the Investor Sections may also be governed by applicable Other Agreements and by all applicable laws and regulations. All information available through the Investor Sections of the Website is confidential and proprietary to Equitypaytrust. This includes all investment information and results, offering materials, financial statements and other information provided through the Investor Sections of the Site. You will use best efforts to keep all this information strictly confidential. You will not disclose any of this information to any person or use it for any purpose other than those expressly permitted by Equitypaytrust in writing. If you have been granted access to the Investor Sections by Equitypaytrust, you must maintain confidentiality of your log-in information and you remain responsible for all usage of the Investor Sections of the Site through your account, whether such use is made by you or anyone else. You must immediately notify us of any known or suspected unauthorized use of your log-in information or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your log-in information.
9. Acceptable Use and Security.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (i) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (ii) disabling, removing, defeating, or avoiding any security device or system, including, without limitation, the password and log-in functionality used to authenticate users; (iii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iv) attempting to interfere with services to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (v) sending unsolicited email, including promotions and/or advertising of products or services; (vi) forging any TCP/IP packet header or any part of the header information in any email or posting; (vii) using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available on the Site and other than generally available third party web browsers; (viii) reverse engineering, decompiling or disassembling the underlying software, copying the Site or any part, feature, function, or user interface thereof, or framing or mirroring any part of the Site; (ix) removing any notices, warnings, labels, annotations or instructions from any portion of the Site or any related material, including, without limitation, any patent, trademark, copyright , or other proprietary notices or license provisions; (x) storing or transmitting material or data on or through the Site in violation of law or third-party rights, including without limitation privacy rights or any contract to which you are a party or (xi) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Site.
Any violations of system or network security including attempts to intentionally access a computer without authorization or exceed your authorized access level may result in civil and criminal charges, including but not limited to charges under the Computer Fraud and Abuse Act (18 U.S.C. §1030). We may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users of the Site if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread of a virus, security breach or system malfunction. If we so restrict or terminate access we will use commercially reasonable efforts to restore access and use to users for proper purposes promptly.
10. Disclaimers.
10.1 No Offer of Securities or Advice. You acknowledge and agree that the Content is solely for general, informational purposes and nothing contained in the Site may be construed as a solicitation, offer, recommendation or representation of suitability or endorsement of any security or investment and may not be relied upon in connection with any offer or sale of securities or other assets. Offerings of securities in entities advised by Equitypaytrust or its affiliates are made only by Prospectus, Private Placement Memorandum, Offering Memorandum or Offering Circular distributed by persons authorized by Equitypaytrust. Equitypaytrust is not providing the Site to provide investment or other advice and nothing herein should be deemed to be a recommendation that you buy, sell, or hold any security or other investment. You further acknowledge and agree that the Content does not provide any tax, legal, accounting or other professional advice. In making an investment decision, you must rely on your own examination of an investment, including the merits and risks involved. Equitypaytrust advises that you consult with your own advisors with respect to any matters involved with making an investment.
10.2 Content Disclaimers. Certain Content was obtained from published and non‐published sources, including from companies in which funds advised by Equitypaytrust or its affiliates have invested. Such information may not have been, and in many cases, has not been, independently verified by Equitypaytrust and Equitypaytrust makes no warranties or representations or assumes any responsibility as to the accuracy, reliability or correctness of the Content (or for updating the Content based on facts learned following its publication). Equitypaytrust is not responsible for any action or decision you make in reliance on any information contained on the Site.
10.3 Disclaimer of Warranties. THE SITE, INCLUDING ALL CONTENT, IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES OF ANY KIND. BY USING THE SITE, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. NEITHER Equitypaytrust, NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, MEMBERS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY “REPRESENTATIVES”) WARRANT THAT THE USE OF THE SITE WILL BE UNINTERUPPTED OR ERROR-FREE. NEITHER Equitypaytrust NOR ITS REPRESENTATIVES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND Equitypaytrust AND ITS REPRESENTATIVES HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Equitypaytrust ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE.
11. Indemnification.
As a condition to your use of the Site, you agree to indemnify, defend and hold harmless Equitypaytrust and its Representatives against any and all claims, liabilities, damages, costs or other expenses (including, without limitation, attorneys’ fees) that may arise directly or indirectly out of or from your breach of this Agreement and/or your use of the Site or resulting from any action (or inaction) you take or decision you make in reliance on the information contained on the Site.
12. Limitations of Liability.
BY USING THE SITE, YOU ACKNOWLEDGE: (i) THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (ii) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE; AND (iii) THAT IN NO EVENT SHALL Equitypaytrust OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES OF ANY KIND RELATED TO (a) YOUR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON THE SITE, (b) ANY ERRORS OR OMISSIONS IN THE CONENT OF THE SITE, (c) YOUR ACCESS TO, USE OF OR INABILITY TO USE THE SITE OR (d) ANY FAILURE OF PERFORMANCE, ERROR, OMMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE OR OTHER COMPUTER MALFUNCION, IN EACH CASE ((a) THROUGH (d)) INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF Equitypaytrust OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR LIABILITIES. Equitypaytrust RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THIS SITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
13. Severability and Waiver.
If any provision of this Agreement is found to be invalid, void, or for any reason unenforceable, it will be construed in such a manner that would make the provision valid or enforceable. If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or portion of the provision that renders it unenforceable will be stricken without affecting the enforceability of the remaining provisions. Any failure of Equitypaytrust to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision of this Agreement.
14. Complete Agreement.
This Agreement and our Privacy Policy constitute the entire agreement between you and Equitypaytrust relating to the public facing elements of the Site and your use of these portions of the Site, and supersede any prior agreements or understandings not incorporated herein with regards to these portions. Certain restricted areas of the Site may require you to agree to supplemental terms and conditions. This Agreement is not intended to modify or amend Other Agreements you may have with Equitypaytrust regarding other matters.
15. Termination of the Agreement.
Equitypaytrust reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement (and/or your access to all or any part of this or any other Equitypaytrust Site or the Content) at any time and for any reason without prior notice or liability. Upon any termination of this Agreement you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under the Agreement or otherwise. If this Agreement is terminated, the following provisions shall survive: Section 2 (Intellectual Property Rights and Ownership), Section 10 (Disclaimers), Section 11 (Indemnification), Section 12 (Limitations of Liability), Section 13 (Severability and Waiver), Section 14 (Complete Agreement), Section 15 (Termination of the Agreement), Section 16 (Governing Law and Venue) and Section 17 (Class Action and Arbitration).
16. Governing Law and Venue.
The Site is made available to you from the Commonwealth of Massachusetts in the United States. If you elect to access and/or use the Site from outside of the United States, we make no warranties that materials on this site are appropriate or available for use in such locations. You agree that you are solely responsible for compliance with any laws of your specific jurisdiction and further agree that you shall not use the Site if you are restricted by any local, state, national or international laws. The laws of the Commonwealth of Massachusetts, without regard to its principles of conflict of laws, will govern this Agreement (including any disputes concerning or related to this Agreement). You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts sitting in Boston, Massachusetts for the purpose of resolving any dispute relating to your access to or use of the Site. Notwithstanding the foregoing, you expressly acknowledge and agree that Equitypaytrust may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to exclusive jurisdiction and venue in such courts. You agree that this may require you to submit any disputes related to the use of the Site to final and binding arbitration in the Commonwealth of Massachusetts.
17. Class Action and Arbitration.
YOU SHOULD READ THIS SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Dispute Resolution. You may contact us at communications@equitypaytrust.com to address any concerns you may have regarding the Site. Equitypaytrust is able to resolve most concerns quickly to our users’ satisfaction. You and Equitypaytrust agree to use best efforts through Equitypaytrust’s internal dispute resolution processes to settle any dispute, claim, question, or disagreement and engage in good faith negotiations, which shall be a condition to either party initiating a lawsuit or arbitration.
Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution under the initial dispute resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Any claim that you might have against Equitypaytrust must be resolved through binding arbitration before the American Arbitration Association using its Commercial Arbitration Rules and must be brought within one (1) year of the claim arising.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
YOU UNDERSTAND AND AGREE THAT YOU WILL ARBITRATE WITH Equitypaytrust IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Your claim may not be joined with any claim of any other person, and there shall not be authority for any dispute to be arbitrated on a class-action basis. If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions in this Section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
You understand and agree that unless you can demonstrate to Equitypaytrust that arbitration in Massachusetts would create an undue burden for you, any arbitration hearing will be held in Boston, Massachusetts. If your claim is successful in arbitration, Equitypaytrust agrees to reimburse your reasonable attorneys’ fees and costs.
You understand and agree that by entering into this Agreement, you and Equitypaytrust are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence this arbitration provision, you and Equitypaytrust might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in this Section by sending written notice of your decision to opt out to the following address: Equitypaytrust, LP, 200 Clarendon Street, Boston, MA 02116. The notice must be sent within thirty (30) days of the Effective Date; otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Equitypaytrust also will not be bound by them. The “Effective Date” is the date of your initial access to this Site after March, 2020.
Choice of Law. For any dispute not subject to arbitration, you and Equitypaytrust agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Boston, Massachusetts. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
Injunctive Relief. Notwithstanding the above provisions, Equitypaytrust may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
18. Contact.
Thank you for visiting our Site. Please contact us at communications@equitypaytrust.com if you have any questions about our Site or this Agreement. Electronic mail or other communications through this Site to Equitypaytrust (or any of its employees, agents or representatives) may not be secure and we do not guarantee the confidentiality of such communications.
© 2020 Equitypaytrust, LP. All Rights Reserved.
Equitypaytrust is one of the world’s leading private investment firms, with approximately $165 billion in assets under management. An unfortunate consequence of our size and global reputation is the misuse of our name, brands and reputation by imposters and cyber criminals publishing fake websites and engaging in fraudulent schemes often seeking personal or confidential information.
When communicating with Equitypaytrust through digital media, please:
equitypaytrust.com
equitypaytrustprivateequity.com
equitypaytrustcredit.com
equitypaytrustpublicequity.com
equitypaytrustventures.com
equitypaytrustrealestate.com
equitypaytrustdoubleimpact.com
equitypaytrusttechopportunities.com
equitypaytrustpartnershipstrategies.com
equitypaytrustlifesciences.com
equitypaytrustinsurance.com
equitypaytrustcrypto.com
equitypaytrustspecialsituations.com
absolutereturninvestor.com
equitypaytrust.co.jp
equitypaytrustprivatecredit.com
equitypaytrustbdc.com
equitypaytrustspecialtyfinance.com
equitypaytrusttechnology.com
equitypaytrustasia.com
arc.equitypaytrust.com
equitypaytrustindia.com
equitypaytrustinvestor.com
Equitypaytrust’s only authorized vendor website is securely managed by FIS (DataExchange@fisclientservices.com) and is accessible through the below link. No other vendor websites are authorized. No other vendors are authorized by Equitypaytrust to communicate (including requesting or receiving) information through websites.
In addition, unsolicited telephone calls that appear to be coming from Equitypaytrust may be “spoofed,” and actually may originate from another number. If you regularly deal with a Equitypaytrust employee or representative, you may want to look up that person on the relevant Equitypaytrust authorized website noted above, and call him or her directly at his or her own work number, or through the main number of the relevant Equitypaytrust entity.
Imposters can use the Equitypaytrust name in furtherance of a variety of criminal activities. In particular, beware of scams purportedly affiliated with Equitypaytrust that promise extraordinary returns on your investment at little to no risk. These “high-yield investment programs” are frauds and are unfortunately quite common. For more information on high-yield investment programs and how to avoid them, visit the U.S. Securities and Exchange Commission webpage at http://www.sec.gov/answers/highyild.htm.
For more general guidance on avoiding internet crimes, visit the FBI webpages on common fraud schemes and recent e-scams at http://www.fbi.gov/scams-safety/fraud/internet_fraud and http://www.fbi.gov/scams-safety/e-scams, and the U.S. Securities and Exchange Commission webpage on avoiding fraud at http://investor.gov/investing-basics/avoiding-fraud. If you think you have been the victim of internet crime, you may file a complaint with the following government entities:
Equitypaytrust provides links to these resources for informational purposes only and is not responsible for their content.
If you have any questions about the above, the security of any Equitypaytrust communication, or have concerns about a website or e-mail communication that you suspect may be fraudulent, please contact us at fraud@equitypaytrust.com.