Terms of Use

These Terms of Use (“Terms”) describe the rules for using this website with a home-page at audaxcreditbdc.com (“Website”) including all related and subsidiary webpages and access to any optimized version of this Website via a wireless device.  These Terms constitute a legally binding agreement between you, the person using this website, and Audax Group.  Terms such as “we,” “our” and “us” refer to Audax Group.

By using the Website, you agree to be bound by these Terms. We may update these Terms at any time, and such updated versions will be posted on the Website. It is your responsibility to review these Terms from time to time.  By continuing to use this Website, you consent to any updated version of these Terms posted on the Website.

Content is for General Information

This Website is intended to provide general information to management teams about Audax Private Equity, Audax Mezzanine and Audax Senior Debt and their respective services and portfolios.  All information and content (collectively, “Content”) on this Website is for general information only and does not constitute financial or investment advice nor an offering or solicitation for offers.  Use of this Website does not create any client relationship between you and Audax or make you eligible for any Audax services.

Although our goal is to provide accurate information, certain information made available on this Website may not be accurate or up to date.  We may change, add or remove some or all of the Content on this Website at any time and reserve the right to discontinue or suspend any portion of this Website at any time for any reason.

This Website is intended for U.S. audiences only. If you live outside the United States, you may see information on this Website about opportunities or services that are not available or authorized in your country.

Non-public Investor Sections of Website

These Terms do not amend or supersede any existing agreements you have with Audax.  If you are an Audax client or investor, you may have been granted access to certain non-public portions of the Website through a uniquely assigned investor log-in (“Investor Sections.”)  In addition to these Terms, your use of the Investor Sections are governed by your client agreements with Audax, any applicable user agreements and all applicable laws and regulation.    If you have been granted access to the Investor Sections by Audax, you must maintain confidentiality of your log-in information and you remain responsible for all usage of the Investor Sections of the Website through your account by you or anyone else.  You must immediately notify us of any known or suspected unauthorized use of your login information or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your log-in information.

License

Subject to these Terms, Audax grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the Content on the Website for the sole purpose of learning information. You may also print a reasonable number of copies of the Content for your personal use, but in such case you must reproduce all proprietary copyright and trademark notices. All rights, title and interest in and to the website, including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with Audax and our respective licensors as may be the case, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on this Website or granting you these licenses. This Website may include trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties.

Restrictions

You agree (i) not to use this website or Content in any way not explicitly permitted by these Terms; (ii) not to copy, modify or create derivative works involving the Content, except you may print a reasonable number of copies for your personal use; (iii) not to take any action intended to interfere with the operation of this Website; (iv) not to access or attempt to access any portion of this website to which you have not been explicitly granted access; (v) not to share any password assigned to you with any third parties or use any password granted to a third party; (vi) not to directly or indirectly authorize anyone else to take actions prohibited in this section; (vii) to comply with all applicable laws and regulations while using this website or the Content.

Feedback submissions by Website users

If you choose to submit any comments or feedback to us, all such messages (collectively, “Feedback”) will be considered non-personal, non-confidential and nonproprietary.  You hereby grant Audax a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback, in whole or in part, and including all intellectual property rights therein.

Any Feedback you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit.

Links

While visiting this Website you may click on a link to other websites and leave this website. We provide links to other websites that may contain information that may be useful or interesting to you. We do not endorse, and are not responsible for, the content and accuracy of linked websites operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms of use and privacy policies on such third-party websites.

Termination

Audax may terminate the licenses granted hereunder or suspend or terminate your access to this Website, in whole or in part, at any time, immediately and without notice for any reason in Audax’s sole discretion, including without limitation if you fail to comply with any of these Terms.  Upon termination, you must destroy all materials obtained from this Website and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Website, and the restrictions imposed on you with respect to the Content and the disclaimers and limitations of liabilities set forth in these Terms shall survive.

NO WARRANTIES

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS.  AUDAX, AND ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS WEBSITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS WEBSITE (COLLECTIVELY, “WEBSITE-RELATED-PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE WEBSITE-RELATED-PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, THE WEBSITE-RELATED-PARTIES SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION IS ACCURATE OR COMPLETE. THE WEBSITE-RELATED-PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

LIMITATION OF LIABILITY

YOU AGREE THAT NONE OF THE WEBSITE-RELATED-PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $1.00.  THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR CONTENT ARE EXCLUDED EVEN IF THE WEBSITE-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

General Terms

The laws of the State of Massachusetts govern these Terms and any cause of action arising under or relating to your use of this Website, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with Audax, or in any way relating to your use of this Website, is in the state and federal courts located in Boston, Massachusetts, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Audax or its employees, officers, directors, agents and providers.

Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You agree that you will pursue any claim arising under or related to these Terms of use and the Website only in your individual capacity, and not as part of any class action or collective action.  You agree that you must pursue any claim you may have arising under or relating to the Website and associated content within twelve (12) months of the first discovery of such claim and any claim not brought within such period is waived and forfeited.

If any provision of these Terms are determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.  You may not transfer or assign any rights or obligations under this Agreement. Audax may transfer or assign its rights and obligations under this Agreement.

Contact Us

To contact us regarding these Terms or the Website, contact us at: Audax Group, 101 Huntington Avenue, Boston, MA  02199.

Effective Date

The Effective Date of these Terms is April 12th, 2013.