Terms and Conditions of Use
If you do not accept such terms and conditions, you are not permitted to use the Site or otherwise save references or download any information or materials from it. Asia Partners reserves the right, in its sole discretion, to change, modify, add or remove portions of this User Agreement, in whole or in part, at any time without notice and without liability. Changes will be effective when posted. We suggest that you review this User Agreement periodically for changes. At any time and for any reason Asia Partners may itself or request S&P Global to terminate or suspend your right to use all or any portion of the Site.
No Offer of Securities or Investment Advice
The information on this Site is provided for informational purposes only. You acknowledge that the information and materials contained on this Site are not and should not be construed as legal, tax, accounting, or investment advice (including any advice concerning the suitability or profitability of any security or investment). The information and/or materials made available to you through this Site do not constitute an offer to sell or a solicitation of an offer to purchase interests in any investment vehicle managed by Asia Partners (an “AP Fund”). Any such offer or solicitation will be made only through a private offering pursuant to any such AP Fund’s private placement memorandum (or other similar documents) and subscription documents. An AP Fund’s private placement memorandum (or other similar documents), describes the significant risks and contains other important information, such as legal, regulatory, and tax disclosure, related to an investment in such AP Fund, and such AP Fund’s subscription documents, which contain important information related to an investment in such AP Fund, qualify the information contained on this Site in its entirety and should be read carefully prior to subscribing for interests in such AP Fund. An investment in an AP Fund entails a high degree of risk and no assurance can be given that any such AP Fund’s investment objective will be achieved or that investors will receive a return on their contribution. Offers can only be made where lawful under, and in compliance with, applicable law. Not all products and services are available in all geographic areas. Your eligibility for particular products or services is subject to determination by and the approval of Asia Partners or its affiliates. You are solely responsible for decisions based on information and materials made available on or through the Site.
Despite the reasonable efforts of Asia Partners to provide accurate information on the Site, Asia Partners makes no representations or warranties as to the accuracy, reliability, or completeness of any information or document made available through the Site, including any that is obtained outside of Asia Partners. To the extent any information or materials is contributed by a third party, Asia Partners also does not endorse the opinions of third parties. Certain information on the Site may contain forward-looking statements, which reflect our views with respect to, among other things, our operations and financial performance. Such forward-looking statements are subject to various risks and uncertainties and speak only as of the date on which they are made. Accordingly, there are or will be important factors that may cause actual outcomes or results to differ materially from those indicated in such statements. You can identify these forward-looking statements by the use of words such as “outlook,” “indicator,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “anticipate,” “optimistic,” “intend,” “plan,” “estimate,” “aim,” “will” or the negative version of these words or similar expressions. Asia Partners and its affiliates undertake no obligation to update publicly or revise any information on the Site, whether as a result of new information, future developments, or otherwise. Opinions and any other content on the Site are subject to change without notice. Any dated information or materials is operative only as of the indicated date.
This User Agreement shall apply in respect of each item that is made available via this Site or otherwise. Notwithstanding the foregoing, this User Agreement should be read in connection with the notices, disclaimers, and qualifying statements (collectively, “Other Notices”) forming part of, or otherwise referred to, or contained in, certain documentation made available on this Site or otherwise made available. This User Agreement is without prejudice to any such Other Notices. Distribution Unless otherwise expressly set forth herein, Asia Partners makes no representation that materials on this Site are appropriate or available for use in any location. This Site and any information and materials in or accessible through this Site are not directed at or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to applicable law or regulation or which would subject Asia Partners or its affiliates to any registration, licensing qualification or notification requirement. No solicitation is made by Asia Partners or its affiliates to any person to use any information, materials, products, or services in any jurisdiction where the provision of such information, materials, products, and services is prohibited by law. If it is illegal or prohibited in your country of origin to access or use this Site, then you should not do so. Those who choose to access or use this Site do so on their own initiative and are responsible for establishing the legality, usability, and correctness of any information and materials under any or all jurisdictions and the compliance of that information and materials with local laws, if and to the extent local laws are applicable. You may not use or export the information and materials in violation of U.S. export laws and regulations.
Copyright and Restrictions on Use
Unless expressly noted to the contrary, all information and materials on this Site that relates to or is disclosed by Asia Partners and its affiliates, belong exclusively to Asia Partners and its affiliates (AP Confidential Information). Such AP Confidential Information is confidential, non-public, and proprietary. No AP Confidential Information from this Site may be copied, modified, distributed, downloaded, sold, transmitted, licensed, published, reposted, reproduced, reused, used to create a derivative work from or otherwise used for a commercial or public purpose, without, in each case, Asia Partners’s express written consent. You further irrevocably undertake not to circumvent nor use any AP Confidential Information in any manner detrimental to Asia Partners, an AP Fund, or any other ASIA PARTNERS Parties. You may discuss AP Confidential Information made available through the Site confidentially with your legal, financial, tax, and other professional advisors. Except as expressly provided in this User Agreement, we do not grant any express or implied right to you under any copyright, trademark, or other intellectual property or proprietary right. All rights not expressly granted are reserved. You agree that damages would not be an adequate remedy for any breach of the terms hereof and that Asia Partners, an AP Fund, or any other ASIA PARTNERS Parties shall be entitled to the remedies of injunction, specific performance, and any other equitable relief for a threatened or actual breach of the foregoing provisions. It is understood and agreed that Asia Partners may rely on the express agreement to this effect made by each person who proceeds to review, print, or download the material on the Site by the act of accessing this Site. You further agree, in any event within 5 business days of a written request from Asia Partners, to immediately return or destroy (and certify in writing to Asia Partners the destruction of) all documents and other materials in your possession or control that are subject to Asia Partners’ request and contain any part of the AP Confidential Information (and/or any copies thereof) and to procure that your employees, directors, officers, attorneys and professional advisors who have received Confidential Information from you return or destroy such materials in their possession or control. Asia Partners and its affiliates will not treat users of this Site as its clients by virtue of their accessing this Site. You acknowledge that your obligations of confidentiality under this section, including with respect to disclosure and use, shall survive regardless of whether you choose to become or remain an investor in any Asia Partners product or strategy and shall further survive any termination of your access to, or other discontinued use of, this Site.
In accessing any part of this Site, you agree, represent and warrant that you (a) have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement; (b) have the skills and equipment necessary to access and use this Site; (c) shall not access or attempt to access any part of this Site that is addressed to any person, other than yourself, who has obtained a password from S&P Global; and (d) shall not disseminate, share or transmit the information contained herein or permit any other person to access this Site who is not so authorized by Asia Partners; (e) shall not use this Site in such a way that disrupts, interferes with or restricts the use of this Site by other users; (f) shall not upload, display or transmit any materials through this Site which are false, offensive, defamatory, threatening, obscene, unlawful or which infringe the rights of any other person anywhere in the world; (g) shall not reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of this Site or attempt to transmit to or via this Site any information that contains a virus, worm, trojan horse or other harmful or disruptive component; and (h) shall not change, modify, delete, interfere with or misuse data contained on this Site and entered by or relating to any third party user of this Site.
No Warranty; Limitation on Liability
BY USING THE SITE, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. THE SITE AND RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. NEITHER ASIA PARTNERS NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE SITE OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, ASIA PARTNERS, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE, OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE SITE, THE CORRECTNESS, QUALITY, ACCURACY, RELIABILITY, PERFORMANCE, COMPLETENESS, TIMELINESS OR CONTINUED AVAILABILITY OF THE SITE, OR THE RESULTS OBTAINED FROM USE OF THE SITE OR RELATED SERVICES.
UNDER NO CIRCUMSTANCES WILL ASIA PARTNERS, ITS AFFILIATES OR THEIR ASSOCIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE, INTERNET FAILURE OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE SITE, CONTENT, INCONVENIENCE OR DELAY. THIS IS TRUE EVEN IF ASIA PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Any content downloaded or otherwise obtained through the Site is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such content. The foregoing limitation of liability will apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Asia Partners has been advised of or should have knowledge of the possibility of such damages.