Terms of Use
 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING THIS WEBSITE, YOU AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS.

Terms and Conditions of Use

These Terms of Use (“Terms”) describe the terms and conditions on which Tinicum Incorporated (“Tinicum” or “we”) offers you access to this website and any other website or application on or to which these Terms are linked or referenced. Please read these Terms carefully because they constitute a legal agreement between Tinicum and you. By accessing and using this website, you agree to be bound by these Terms. If you do not agree to any of these Terms, please exit this website.

Tinicum may update this website at any time. Updates may modify or delete certain features and functionality. You agree that we may continue to provide or enable any particular features or functionality. As we update the website, we may amend or supplement these Terms. Your continued use of the website after any such modifications shall constitute your acceptance of these Terms.

No Offer or Advice (Legal Disclaimer)

You acknowledge that the content of this website is for general, informational purposes only and is not intended to constitute an offer to buy or sell any securities or promise to undertake or solicit business, and may not be relied upon in connection with any offer or sale of securities. An offer or solicitation will be made only through a confidential private placement memorandum, and other related documents and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.

There may be delays, omissions or inaccuracies in information obtained through your use of this website. The information on the website is provided to you with the understanding that Tinicum’s provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, or other advice or services. 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.

No Warranties

ALL WEBSITE AND INFORMATION CONTAINED HEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TINICUM EXPRESSLY DISCLAIMS MAKING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Any oral or written advice provided by Tinicum or its agents does not and will not create any warranty.

Limitations of Liability

NOTHING CONTAINED ON THIS WEBSITE SHOULD BE CONSTRUED AS AN OFFER TO SELL OR THE SOLICITATION OF AN OFFER TO BUY INTERESTS IN ANY SECURITIES OR PRODUCTS OFFERER BY TINICUM. AN OFFERING OF INTERESTS WILL BE MADE ONLY BY MEANS OF A CONFIDENTIAL PRIVATE OFFERING MEMORANDUM AND ONLY TO QUALIFIED INVESTORS IN JURISDICTIONS WHERE PERMITTED BY LAW.

There is no guarantee that Tinicum’s objectives will be achieved. There can be no assurances that Tinicum will be able to identify and invest in opportunities similar to those described on this website or that such opportunities, if available, will be profitable. Tinicum investments described on this website do not represent an exhaustive list of companies in which Tinicum has invested or will invest. The information provided on this website should not be considered a recommendation to purchase or sell any security. There is no assurance that any securities discussed herein will remain in a portfolio at the time you view this website or that securities sold have not been repurchased. The securities discussed do not represent an entire portfolio and in the aggregate may represent only a small percentage of a portfolio’s holdings. It should not be assumed that any of the securities transactions or holdings discussed were or will prove to be profitable, or that the investment recommendations or decisions we make in the future will be profitable or will equal the investment performance of the securities discussed herein. An investment with Tinicum is speculative and involves a high degree of risk. Moreover, the past performance of Tinicum and Tinicum’s investment team should not be construed as an indicator of future performance.

Information on this website may contain forward-looking statements, including statements concerning future events and Tinicum operations and performance. These statements are based on current expectations, assumptions and estimates and are inherently subject to significant uncertainties, risks and contingencies, many of which are beyond the control of Tinicum. The content of this website reflects Tinicum’s opinion as of the date which such content was uploaded, and Tinicum expressly disclaims any obligation or undertaking to release any updates or revisions to any statements contained on this website to reflect any change in expectations with respect thereto or any change in events, conditions or circumstances on which any statement is based. Certain information contained herein has been supplied by third parties. While Tinicum believes such sources are reliable, Tinicum cannot guarantee the accuracy of any such information and does not represent that such information is accurate or complete.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, TINICUM IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF USE OR DAMAGE TO REAL, TANGIBLE OR INTANGIBLE PROPERTY.

YOU AGREE THAT TINICUM’S MAXIMUM LIABILITY UNDER THESE TERMS IS LIMITED TO $1,000.

YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES. ACCORDINGLY, THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU. YOU UNDERSTAND AND AGREE, HOWEVER, THAT OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that Tinicum would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.

Regulatory Information

Tinicum is registered as an investment adviser with the U.S. Securities and Exchange Commission (the “SEC”). Form ADV is available at http://www.adviserinfo.sec.gov. Registration with the SEC or with any state securities authority does not imply a certain level of skill or training. Nothing contained in the website should be construed as investment advice. Prior to making any investment or hiring any investment adviser or brokerage company you should consult with professional financial, legal and tax advisors to assist in due diligence as may be appropriate and determining the appropriateness of the risk associated with a particular investment.

Third Party Content

Tinicum does not assume any responsibility or liability for information accessed via hyperlinks to or from third party websites. The existence of such hyperlinks should not be construed as an endorsement, approval or verification by Tinicum of any content available on third party websites. Tinicum provides these hyperlinks as an accommodation to you and solely for informational purposes. By providing access to other websites, Tinicum is not recommending the purchase or sale of products, services or any securities provided by the sponsoring organization of any third party website. Tinicum does not review, monitor or supervise the content of any third party website or hyperlinked website. If you choose to access a linked website, you do so at your own risk.

User Access

You may stop using this website at any time. Tinicum reserves the right to terminate, at any time, any user's access to this website, including Tinicum’s Investor Portal, without giving notice or a reason for such termination to the user. These Terms automatically terminate when you fail to comply or if we reasonably believe that you have not complied with any term or condition of them. Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.

Privacy and Use of Personally Identifiable Information

Tinicum respects the privacy of visitors to this website. Tinicum may record certain usage information, such as the number and frequency of visitors to this website; however, we will not collect personal identifying information about you when you visit this website. Some web browsers use a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have their online activity tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many website operators, including this website, do not respond to DNT signals.

Tinicum will generally not provide your personal identifiable information to any other persons or entities without your consent, except as Tinicum believes is required by law, law enforcement or regulatory agency lawsuit, subpoena, court order or other legal process.

Tinicum also may share and transfer personal information if Tinicum is involved in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control by Tinicum, whether in whole or in part. Tinicum also reserves the right to share information to protect our rights, privacy, property, interests or safety or our customers, business partners, employees or the general public; to pursue available remedies or limit the damages; to enforce these Terms and to respond to an emergency.

We retain information for as long as necessary to fulfill the purposes for which you provided the information, to comply with law legal obligations, to resolve disputes, to enforcing agreements and similar essential purposes.

Cyber Security

Tinicum seeks to protect the privacy and security of information and its website. Tinicum believes it takes commercially reasonable measures intended to safeguard against unauthorized disclosures of information. Tinicum cannot, however, assure you that your information will never be disclosed in a manner inconsistent with these Terms and makes no representations or warranties regarding the sufficiency of our security measures.

Copyright and Trademarks

All content included on this website is the property of Tinicum or others and is protected by copyright, trademark and other laws. You may not reproduce, modify, copy, alter in any way, distribute, sell, resell, transmit, transfer, license, assign or publish any information obtained from this website without Tinicum’s express prior written consent. You shall not use this website at any time for any purpose that is unlawful or prohibited and shall comply with any applicable local, state, national or international laws or regulations when using this website.

Tinicum, and the logos and marks included on this website that identifies Tinicum services and products are proprietary materials. The use of such terms and logos and marks without the express prior written consent of Tinicum is strictly prohibited. Copyright in the pages and in the screens of the website, and in the information and material therein, is proprietary material owned by Tinicum, unless otherwise indicated. The unauthorized use of any material on the Tinicum website may violate numerous statutes, regulations and laws, including, but not limited to, copyright, trademark, trade secret or patent laws.

Governing Law

This website (excluding third party websites) is controlled by Tinicum from its offices in the State of New York, United States of America. By accessing this website, both you and Tinicum agree that the laws of the State of New York, without regard to the conflicts of law principles will apply to all matters relating to use of this website. You and Tinicum also agree and hereby submit to the exclusive personal jurisdiction and venue of the New York State and United States federal courts sitting in New York County, New York, United States of America with respect to all such matters.

International Use

The website is directed at residents of the United States of America, and is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject Tinicum to any registration or other requirement within such jurisdiction or country. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Tinicum reserves the right to limit access to the website to any person, geographic region or jurisdiction. Unless otherwise expressly set forth herein, Tinicum makes no representations that transactions, products or services discussed on, or accessible through, the website are available or appropriate for use in all jurisdictions or by all users, or that access by any user in the jurisdiction in which such user is located is not illegal or prohibited. Users who choose to access the website from other locations outside the United States access it on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials on the website under the laws of any applicable jurisdictions.

General Terms

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us and you. These Terms may not be amended unless in writing. If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used. Nothing contained in these Terms will be deemed to constitute Tinicum or you as the agent or representative of the other or as joint ventures or partners. These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns. You must not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. All of our rights and obligations under these Terms are assignable. Headings and captions are for convenience only.

Contact

Questions can be addressed to Compliance at compliance@tinicum.com.
Effective Date: February 01, 2017