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The information contained in this presentation is for illustrative purposes only and is not actual data.
This presentation and its contents are privileged, confidential or otherwise protected from disclosure and is intended only for the individuals or entities named above and any others who have been specifically authorized to receive it. This presentation is for informational purposes only and does not constitute legal, tax, or investment advice or recommendations. Your acceptance of this presentation from Quadrangle Consulting LP (“Quadrangle”) constitutes your agreement to (i) keep confidential its contents, (ii) not disclose its contents to any other person or use any such information for any purpose other than pursuant to evaluating a business proposal/relationship with Quadrangle, (iii) not to copy or disseminate it, and (iv) promptly return or destroy the presentation upon Quadrangle’s request. Thank you.
2021 © Quadrangle Consulting LP
Do you agree to terms?
”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “
”), govern the Company’s access to and use of
, or any other site so designated by Quadrangle to host the portal, including any content, functionality and services offered by or through Quadrangle (the “
” or “
2. Accessing the Portal and Account Security
Quadrangle reserves the right to withdraw or amend this Portal, and any service or material Quadrangle provides on the Portal, in its sole discretion and without notice. Quadrangle will not be liable if for any reason all or any part of the Portal is unavailable at any time or for any period. From time to time, Quadrangle may restrict access to some parts of the Portal, or the entire Portal, to users.
The Company is responsible for:
Making all arrangements necessary to have access to the Portal.
To access the Portal or some of the resources it offers, the Company may be asked to provide certain registration details or other information. The Company agrees that all information provided to register with this Portal or otherwise, including but not limited to through the use of any interactive features on the Portal, is governed by the Services Agreement, and the Company consents to all actions taken with respect to its information consistent with the terms of the Services Agreement.
If the Company chooses, or is provided with, a user name, password or any other piece of information as part of Quadrangle’s security procedures, the Company must treat such information as confidential and must not disclose it to any other person or entity. The Company also acknowledges that its account is personal to it and agrees not to provide any other person with access to this Portal or portions of it using its user name, password or other security information. The Company agrees to notify Quadrangle immediately of any unauthorized access to or use of its user name or password or any other breach of security. The Company also agrees to ensure that it exits from its account at the end of each session.
3. Intellectual Property Rights
The Portal and its entire contents, features, functionality and compilation are owned by Quadrangle, its licensors or other providers of such material are protected by United States and international intellectual property laws, including copyright, trademark (including all related names, logos, product and service names, designs and slogans), database protection, patent, trade secret, and/or trade dress rights. The Company shall not have any rights in such intellectual property other than as specifically provided for herein.
4. License Granted to Quadrangle
In using the Portal, the Company and third parties on its behalf may upload or submit content (“
”) through the Portal. Submissions include, without limitation: agreements, terms, other documentation, and any other content submitted to or published on or through the Portal (e.g., using electronic form fields, scripts or applications made available through the Portal).
The Company providing Submissions acknowledges and agrees that Quadrangle is not responsible for monitoring Submissions. Quadrangle and its designees shall, however, have the right (but not the obligation) in their sole discretion to pre-screen, refuse, edit, or remove any Submissions that are available on the Portal. The Company providing Submission further agrees to assume all risks associated with the use of any Submissions including any reliance on the accuracy, completeness, or usefulness of the content of such Submissions.
5. Prohibited Uses
In any way that violates any applicable federal, state, local or international law, rule, regulation, or ordinance (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries or any intellectual property laws).
In any way that breaches, violates, or infringes any intellectual property proprietary, or other rights of any person or entity (including, without limitation, contractual rights, copyrights, design rights, trademarks, common law rights, rights of publicity or privacy, moral rights, defamation, or libel, whether under state or federal law or statute or at common law of any jurisdiction).
To upload or share any copyrighted or other proprietary material without express permission from the owner of said material.
To impersonate or attempt to impersonate Quadrangle, a Quadrangle employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Portal, or which, as determined by us, may harm Quadrangle or users of the Portal or expose them to liability.
To harass, defame, threaten, discriminate against, or provide false or misleading information about any other person or entity. The Company expressly represents and agrees that any Submissions that are published or submitted on or through the Portal:
Are true, accurate, and complete.
Do not violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, confidentiality right, privacy right, right of publicity, or any other intellectual property or proprietary right, and that the Company is fully authorized to upload or submit any third party content contained in any Submission, for use by Quadrangle consistent with this Agreement.
Additionally, the Company agrees not to:
Use the Portal or any content, data, or information provided by or obtained from Quadrangle to develop, create, support, or provide any product or service that could compete with or provide a substitute for the Portal or any of Quadrangle’s products and services.
Distribute, transfer, sub-license, rent, lend, transmit, sell, re-circulate, repackage, assign, lease, resell, publish, copy, translate, convert, decompile, reverse engineer, alter, enhance, disassemble, modify, or change all or any portion of the Portal except as expressly authorized by Quadrangle.
Use the Portal in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Portal, including their ability to engage in real time activities through the Portal.
Disguise the origin of information provided, shared, posted, or published on the Portal.
Access parts of the Portal that Quadrangle has not made available to Company.
Use any robot, spider or other automatic device, process or means to access the Portal for any purpose, including monitoring or copying any of the material on the Portal.
Upload or transmit any viruses, malware, Trojans, or other harmful, disruptive, or destructive files, programs, or code, or to otherwise disrupt or interfere with the security of the Portal any of Quadrangle’s computers, services, servers, networks, products, or offerings.
Use any manual or automated process to monitor, scrape, or copy any data, information, or material on the Portal or for any other unauthorized purpose without Quadrangle’s prior written consent.
Introduce any viruses, malware, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Portal, the server on which the Portal is stored, or any server, computer or database connected to the Portal.
Attack the Portal via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Portal.
6. Links and Third Party Content
The Portal may contain information about and/or links to third party websites or vendors or service providers (together “
Third Party Content
”). This Third Party Content is provided to Company solely as a convenience. Quadrangle makes no representations or warranties of any kind as to any Third Party Content and Quadrangle in no way endorses or authorizes said Third Party Content or any third parties identified on the Portal. To the extent Company relies on or accesses any Third Party Content, Company does so at its own risk.
7. Monitoring and Enforcement; Termination
Quadrangle has the right to:
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Portal.
Without limiting the foregoing, Quadrangle has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Portal.
8. Disclaimer of Warranties
The Company understands that Quadrangle cannot and does not guarantee or warrant that files available for downloading from the internet or the Portal will be free of viruses or other destructive code. The Company is responsible for implementing sufficient procedures and checkpoints to satisfy its particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. QUADRANGLE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE COMPANY’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO THE COMPANY’S USE OF THE PORTAL OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL OR TO THE COMPANY’S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE COMPANY’S USE OF THE PORTAL, ITS CONTENT, ANY THIRD PARTY CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL IS AT ITS OWN RISK. THE PORTAL, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER QUADRANGLE NOR ANY PERSON ASSOCIATED WITH QUADRANGLE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PORTAL. WITHOUT LIMITING THE FOREGOING, NEITHER QUADRANGLE NOR ANYONE ASSOCIATED WITH QUADRANGLE REPRESENTS OR WARRANTS THAT THE PORTAL, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT QUADRANGLE’S SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PORTAL OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL WILL OTHERWISE MEET THE COMPANY’S NEEDS OR EXPECTATIONS.
QUADRANGLE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. Limitation on Liability
IN NO EVENT WILL QUADRANGLE OR THEIR RESPECTIVE SUCCESSORS, PARENTS, AFFILIATES, ASSIGNS, AGENTS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, AND REPRESENTATIVES BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT, OR OTHERWISE) FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE COMPANY’S USE, OR INABILITY TO USE, THE PORTAL, ANY WEBSITES LINKED TO IT, ANY CONTENT OR THIRD PARTY CONTENT ON THE PORTAL OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. DMCA Notice of Alleged Infringement
Quadrangle respects intellectual property. If you are a copyright rights owner and believe that your copyrighted materials have been copied or shared on Quadrangle’s Portal in a way that you reasonably believe in good faith constitutes copyright infringement, you may notify Quadrangle pursuant to the Digital Millennium Copyright Act (“
”), by contacting:
1325 Avenue of the Americas, 28th Floor
New York, NY 10019
Phone: 646 688 3626
and providing the following information pursuant to 17 U.S.C. § 512(c)(3)(A):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12. Other Provisions
Quadrangle has the right in its sole discretion at any time to discontinue, change, or alter the Portal in whole or in part in any manner it sees fit, including to change, modify, or delete any content, information, or material provided, shared, posted, or published by Company or any Third Party Content.
By using the Portal, the Company agrees that the state and federal courts of the State of New York, located in the county of Manhattan, will be the exclusive forum for any dispute arising out of the Company’s use or exploitation of the Portal. The Company agrees not to challenge personal jurisdiction or venue for any action brought by Quadrangle in the courts of the state and federal courts in the county of Manhattan and in the State of New York relating to the Company’s use or exploitation of the Portal. The Company further agrees and acknowledges that Quadrangle will be irreparably harmed by any misappropriation or misuse of Quadrangle’s intellectual property rights in the Portal, that damages are inadequate to remedy the same, and that Quadrangle is entitled to injunctive relief on any intellectual property-related claim for which it might prevail without the obligation to post a bond.
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