Antares Terms & Conditions of Use

Thank you for visiting this website. By accessing and using this website (the “Site”) of Antares Capital LP (“Antares Capital”), you agree to be bound by the terms and conditions of use contained herein (these “Terms of Use”). This Site contains general information about Antares Capital, Antares Holdings LP, and their respective parents and subsidiaries (a platform of companies known as “Antares,” “we,” “us,” or “our,” and each such affiliate of Antares Capital, a third party beneficiary hereunder), our business, our history and predecessor entities, and our portfolio, and is directed at our customers and potential customers, and for individuals considering possible employment with Antares Capital.These Terms of Use are a binding agreement between you and Antares Capital, and govern your access and use of the Site, including, without limitation, any information, text, software, photos, video, graphics, audio, data, tools, products, services, documents, links, advertisements, policies, functions, materials, and other content (collectively, the “Content”) available on the Site.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ENTERING THE SITE. EACH TIME YOU ENTER THE SITE, YOU ARE AGREEING TO FULLY ACCEPT AND AGREE TO ABIDE BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, EXIT THE SITE AND DO NOT ACCESS, REQUEST, OR DOWNLOAD ANY PORTION OF THE CONTENT.

YOU ACKNOWLEDGE AND AGREE THAT ANTARES CAPITAL MAY, IN ITS SOLE DISCRETION AND WITHOUT ADVANCE NOTICE, UPDATE OR OTHERWISE MODIFY THE SITE AND THE CONTENT, AND MAY MODIFY THESE TERMS OF USE AT ANY TIME. MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY UPON POSTING UNLESS WE INDICATE OTHERWISE. YOU AGREE TO PERIODICALLY REVIEW THESE TERMS AND USE. THE DATE OF THE LAST REVISION OR UPDATE APPEARS AT THE TOP OF THE AGREEMENT. EACH TIME YOU ENTER THE SITE, YOU AGREE TO AND FULLY ACCEPT THESE TERMS OF USE IN ITS THEN CURRENT FORM. YOUR CONTINUED USE OF THE SITE WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES OR MODIFICATIONS.

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

The Site and all of the Content, code, software, data and other materials thereon, the look and feel of the Site, and the design and organization of the Site, and the Antares Capital name and logo, and all related product and service names, design marks and slogans are the service marks, trademarks or registered service marks or trademarks (the “Marks”) are owned by or licensed to Antares Capital, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Site is provided by Antares Capital for informational purposes, as a service to Antares Capital’s customers and potential customers, and for individuals considering possible employment with Antares Capital.

You may not use any Antares Capital or third party trademarks or logos without the prior written consent of Antares Capital or the applicable trademark owner. Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content without the written permission of Antares Capital or such other party that may own any Content, the Marks, or other trademarks.

You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

The Site contains content that is derived in whole or in part from information and materials supplied by Antares Capital and other sources. You are prohibited from removing any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site or on any printed pages. Use of the Site is not a transfer of title in the Content and by your use of the Site, you acknowledge that you do not acquire any ownership or other rights to the Content, except that you are hereby granted a non-exclusive license to use the Content, but only while accessing this Site.

RESTRICTIONS ON USE OF THE SITE

You agree to not engage in the use, copying, or distribution of any of the Content, including any use, copying, or distribution of third parties’ materials obtained through the Site, provided you are granted a limited license to print copies of any Content, but only for personal, non-commercial use. At any time and for any reason, Antares Capital may revoke your right to use all or any portion of the Site.

SITE SECURITY

While accessing or using any portions of the Site, you agree that neither you nor your agents shall do any of the following, including, without limitation, violating or attempting to violate the security of the Site:

  • tamper with any portion of the Site;
  • impersonate any person or entity or misrepresent your affiliation with any other person or entity;
  • conduct fraudulent activities on the Site;
  • obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through the use of meta tags or other hidden text or by other means not intentionally made publicly available or provided for through the Site;
  • engage in “spidering,” “screen scraping,” “database scraping,” mining or harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on any of the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
  • interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, such as sending mass unsolicited messages or “flooding” servers with requests;
  • circumvent, reverse engineer, decrypt, or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) the Site or its services or any software on the Site;
  • attempt to probe, scan, or test the vulnerability of the Site or to breach the security or authentication measures without proper authorization;
  • violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
  • remove any notices, warnings, labels, annotations, or instructions from any portion of the Site, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions; or
  • submit any information to the Site, in violation of any applicable law, rule or regulation.

Any violations of these Terms of Use, the Site, system, or network security, including attempts to intentionally access a computer without authorization or exceed your authorized access level, may result in civil and criminal charges. Antares Capital may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Antares Capital may, without prior notice or warning of any kind, restrict or terminate the access of any and all users at any time and for any reason, to all or any portion of the Site if Antares Capital concludes in its sole discretion that such restriction or termination is necessary to prevent, or prevent the further spread of, a virus, security breach, or system malfunction.

DISCLAIMERS

When reviewing the Content on the Site, there are various risks you assume. You agree that Antares is not liable for any action you take or decision you make in reliance on any of the Content on the Site.

FORWARD LOOKING STATEMENTS:

The Content provided on the Site is for informational purposes only. Any estimates, projections, or predictions on the Site are intended to be forward-looking statements. Although Antares Capital believes that the expectations in such forward-looking statements are reasonable, it can give no assurance that any forward-looking statements will prove to be correct. Such estimates are subject to actual known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those projected. Antares Capital expressly disclaims any obligation or undertaking to update or revise any forward-looking statement contained herein to reflect any change in its expectations or any change in circumstances upon which such statement is based. No statements contained on the Site should be construed as a guarantee or assurance of future performance or future results. Antares’ past performance is not indicative of future results.

NO OFFER OF SECURITIES OR ADVICE:

No information found on the Site constitutes an offering of advisory services or any securities. Offerings of securities may be made in connection with a private offering memorandum in compliance with the Securities Act of 1933, as amended, and related rules and regulations or as otherwise permitted under the law. In the case that an offering of securities is made in accordance with the terms of a private offering memorandum or as otherwise permitted under the law, such offering may be limited to investors who are accredited investors, knowledgeable employees, and in some cases, offerings of securities will only be made to the extent certain investors are also qualified purchasers. Any offer or solicitation with respect to any securities that may be issued by any investment vehicle managed by Antares will be made only by means of definitive offering memoranda and in accordance with the relevant securities and other laws of applicable jurisdictions. Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax or legal advice. You are encouraged to discuss information that you learn from the Site with your financial, legal or tax advisors where applicable.

CONTENT DISCLAIMERS:

We make reasonable efforts to ensure accuracy with respect to the Content, but at times we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate. Dated information speaks only as of the date indicated. Antares does not warrant or guaranty the accuracy or completeness of the information made available on the Site. In addition, we do not endorse the opinions of, or warrant the accuracy of facts or other content contributed by, any third party.

DISCLAIMER OF WARRANTY:

THE SITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” FOR YOUR INFORMATION AND PERSONAL NON-COMMERCIAL USE ONLY AND MAY NOT BE USED, COPIED, REPRODUCED, DISTRIBUTED, TRANSMITTED, BROADCAST, DISPLAYED, SOLD, LICENSED, OR OTHERWISE EXPLOITED FOR ANY OTHER PURPOSES WHATSOEVER WITHOUT THE PRIOR WRITTEN CONSENT OF ANTARES CAPITAL. ALL USE OF THE SITE IS AT YOUR OWN RISK. ANTARES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. THIS DISCLAIMER WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

WITHOUT IN ANY WAY LIMITING ANY OTHER PROVISION HEREIN, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT CONTAINED WITHIN OR PRESENTED BY THE SITE.

ANTARES CAPITAL ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO VIRUSES, WORMS OR OTHER MALWARE THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE (INCLUDING ANY BLOGS TO THE EXTENT THEY EXIST) OR YOUR DOWNLOADING OF ANY MATERIALS OR THE CONTENT FROM THE SITE.

ANTARES CAPITAL’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

PRIVACY POLICY

It has been and remains Antares’ policy not to accept or consider ideas, suggestions or materials other than those that Antares has specifically requested from you. Accordingly, Antares does not want you to, and you should not, send any confidential or proprietary information to Antares through the Site unless specifically requested by Antares. Please note that any unsolicited information or material sent to Antares will be deemed not to be confidential or proprietary. By submitting information and material to the Site, you agree that such information and material becomes the sole and exclusive property of Antares Capital and may be used by Antares for any lawful purpose without restriction, subject to this Privacy Policy. Conversely, if title may not lawfully be transferred in this manner, you automatically grant to Antares Capital (or warrant that the owner of such information and material has expressly granted to Antares Capital) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Antares Capital is free to use any ideas, concepts, know-how, or techniques that you send to Antares Capital for any purpose.

As further provided above, Antares Capital does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials to Antares Capital that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.

There are times, however, when we may need information from you, such as your name, email address or phone number. Customarily, the personal information Antares Capital obtains is used to respond to inquiries or provide information or materials to you from time to time. Antares also may use your personal information to discuss or offer our products or services. Occasionally, we may make the e-mail addresses of those who provide information available to our affiliates and to other reputable organizations whose products or services we think you may find interesting.

Antares Capital may monitor and record user information and activity on the Site and respond as we deem appropriate. The use of this information may assist us in determining what is most beneficial for our users and allow us to better enhance the Consent and the Site.

THIRD PARTY LINKS

While Antares Capital tries to link only to sites that share its high standards and respect for privacy, Antares Capital is not responsible for information on any third party website that may be referenced in, or accessible or connected by hyperlink to, the Site. If you access any third party website through the Site or otherwise, you do so at your own risk. Antares makes no warranty or representation regarding, and does not sponsor or endorse, any linked websites or the information or materials appearing thereon or any of products and services described thereon. Furthermore, links do not imply that Antares is affiliated or associated with, or that any linked site is authorized to use any service mark, trademark, trade name, logo, or copyright of Antares Capital.

LIMITATION OF LIABILITY

If you are dissatisfied with any of the Content contained in the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site.

UNDER NO CIRCUMSTANCES SHALL ANTARES OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, MEMBERS, PRINCIPALS, AGENTS, INVESTORS OR EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH WEBSITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEBSITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), ANY DELAY OR TECHNICAL PROBLEMS IN USING THE SITE, OR ANY INFORMATION AND THE CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF ANTARES OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, MEMBERS, PRINCIPALS, AGENTS, INVESTORS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

INDEMNIFICATION

As a condition to your use of the Site, you agree to indemnify, defend and hold harmless Antares Capital and its respective, officers, directors, affiliates, partners, members, principals, agents, investors, employees, and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to: (i) your use of the Site; (ii) your breach of these Terms of Use or any representation, warranty or covenant made by you in these Terms of Use; (iii) your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights; or (iv) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in these Terms of Use.

COMPLETE AGREEMENT

These Terms of Use constitute the entire agreement between you and Antares Capital relating to your use of the Site and the Content, and supersede any prior agreements or understandings not incorporated herein. Certain restricted areas of the Site may require you to agree to supplemental terms and conditions. These Terms of Use are not intended to modify or amend other agreements you may have with Antares regarding other matters.

SEVERABILITY AND WAIVER

If any provision of these Terms of Use is found to be invalid, void, or for any reason unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision. If it is not possible to construe the provision in question in such a manner that would make the provision valid and enforceable, then only the term or portion of the provision that renders the provision unenforceable will be stricken without affecting the enforceability of the remaining provisions of these Terms of Use. Any failure of Antares Capital to act on or enforce any provision of these Terms of Use shall not be construed as a waiver of that provision or any other provision of these Terms of Use.

GOVERNING LAW AND VENUE

These Terms of Use shall be governed by and construed under the internal laws of the State of Illinois, without regard to its choice of law rules. Any legal claim or action brought hereunder shall be brought exclusively in state or federal courts located in Chicago, Illinois, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

CONTACT

You may contact Antares Capital at 500 West Monroe Street, 17th Floor, Chicago, Illinois 60661, Attention: General Counsel with questions about these Terms of Use.