Terms of Use
Last updated: August 27, 2024
These Terms of Use constitute a legally binding agreement between Axle Point Capital LLC and its affiliates (collectively, “AXP,” “us,”, “we,” or “our”) and you, the user of this website, www.AxlePoint.com. By accessing this website, you acknowledge that you have read and agree to these Terms of Use and these Terms of Use govern your use of the website. If you do not agree with any of the terms and conditions contained herein, please do not access the website.
Purpose of the Website
The information presented on or through the website is made available solely for informational purposes related to AXP and its financing capabilities for prospective portfolio companies. We do not warrant the accuracy, completeness, or usefulness of any information on the website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its content.
This website is not intended to provide financial, investment, legal, business, tax, accounting, or other advice and you agree not to construe any information provided in connection with the website as financial, investment, legal, business, tax, accounting, or other advice. Information provided on this website does not, and shall not be deemed to, constitute an offer to sell, or a solicitation to any person to buy, any security or other investment. You agree to consult your own professional advisors as to any legal, business, tax, accounting, investment, financial, or other advice regarding any information made available to you on or through the website.
Parts of the website may contain “forward-looking statements.” These forward-looking statements represent AXP’s intent and belief at the time the statements were made and we do not assume any responsibility for the accuracy or completeness of any forward-looking statements and we assume no obligation to update or revise these forward-looking statements for any reason. Forward-looking statements inherently involve known and unknown risks, uncertainties, assumptions and other factors that may cause these forward-looking statements to change. All forward-looking statements should be evaluated with an understanding of their inherent uncertainty and recipients should not rely on such forward-looking statements.
Additionally, the website may include or provide access to information regarding past and/or present portfolio companies or investments managed by AXP, its affiliates and/or its members, which should not be considered a complete list. Any past performance information on the website is not necessarily indicative, or a guarantee, of future results and it should not be assumed that investments made in the future will be comparable in quality or performance to any investments described on this website.
Accessing the Website
We reserve the right to withdraw or amend this website and any service or material we provide on the website, and we may restrict user access, including registered user access, to the website, or parts of the website, in our sole discretion and without notice.
To access parts of the website, you may be asked to provide certain registration details or other information. In such case, it is a condition of your use of the website that all the information you provide is correct, current, and complete. You agree that all information you provide to register with this website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Intended Audience; No Access for Minors
This website is intended for use by a general audience; however, we do not solicit or make our services available to the public and we do not intend to or desire to offer services to children or minors. If you are a child under 16 years of age, please do not attempt to register for or otherwise use our services or send us any personal information. By using this website, you represent and warrant that you are 16 years or older.
Information We Collect
All information we collect on this website is subject to our Privacy Policy. By using the website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Unless specifically requested, we do not solicit, nor do we wish to receive, any confidential, secret or proprietary information, or other material from you through this website, by e-mail, or in any other way.
Intellectual Property Rights
This website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by AXP, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows: you may download one copy of any material on this website for personal, non-commercial use provided that you do not modify or alter the material in any way or delete or change any copyright or trademark notice; you may store files that are automatically cached by your Web browser for display enhancement purposes; and your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You must not modify copies of any materials from this site or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this website.
No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
User Conduct
You agree to only use the website for lawful purposes and in accordance with these Terms of Use. Without limitation of the other terms and conditions set forth herein, while accessing or using the website, you agree not to use the website:
- in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- to impersonate or attempt to impersonate AXP, an AXP employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm AXP or users of the website, or expose them to liability.
- to use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website.
- to use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website.
- to use any device, software, or routine that interferes with the proper working of the website.
- to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website.
- otherwise attempt to interfere with the proper working of the website.
Links to Third-Party Websites
This website may link to websites or applications that are controlled by third parties. We do not have any control over the content of these third-party websites, and we assume no liability or responsibility for any information contained on or practices of any such third-party websites. Access and use of any such third-party websites is subject to the terms and conditions of use set forth on those websites.
Changes to Terms of Use
We reserve the right to amend these Terms of Use at any time and without prior notice. We will notify you of any changes to these Terms of Use by posting the updated terms and conditions to this website or application. Your continued use of the website after any such changes constitutes acceptance of the new terms and conditions.
Disclaimers
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your 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. TO THE FULLEST EXTENT PROVIDED BY LAW, WE 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 YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AXP, ITS AFFILIATES, OR ANY OF THEIR EMPLOYEES, AGENTS, OFFICERS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless AXP, its affiliates, and its and their respective members, officers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the website or your use of any information obtained from the website. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.
Governing Law and Jurisdiction
All matters relating to the website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in Orange County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the website should be directed to [email protected].