Welcome to the website of GI Manager L.P. together with its affiliated funds, separate accounts, and management entities (“GI Partners” or “we”). Please read these Terms and Conditions of Website Use (“Terms of Use”) carefully before using this website (the “Site”). These Terms of Use set forth the legally binding terms and conditions that govern your access to and use of this Site and its contents. By using the Site, you accept these Terms of Use and our Privacy Policy (https://www.gipartners.com/privacy-policy) and acknowledge your understanding of the same. If you do not agree to these Terms of Use for any reason, please do not use this Site. These Terms of Use constitute an agreement between you and GI Partners (the “Agreement”) and govern your access and use of the Site. GI Partners may change, add, or remove portions of the Terms of Use from time to time and any modifications will be effective immediately upon posting unless we indicate otherwise. Your use of the Site indicates your full acceptance of these Terms of Use in its then current form each time you access the Site. We suggest that you review these Terms of Use periodically for changes. If you have any questions about these Terms of Use, please contact us at legal@gipartners.com.
Ownership
GI Partners grants you a personal, limited, revocable, non-exclusive, nontransferable right to use the Site, which includes any images, text, illustrations, designs, icons, photographs, graphics, video clips, downloads, systems and methods, interfaces, information, data, tools, products, services and other content (collectively, the “Content”), solely for your personal and noncommercial use only.
All Content included on this Site is the property of GI Partners or others and is protected by copyright and other laws. We may modify the Content, or any portion thereof, with or without notice. You may not make any commercial use of the Site or the Content or interfere with the functioning of the Site or restrict or inhibit others from using the Site. You may copy and print individual pages of our Site. However, you may not extract, copy, or download a large portion of the content, such as by a bot, webcrawler, scraper, spider, or other device that “harvests” portions of the Site nor may you post or “frame” it on or in another website . Any copies of our Site pages must not remove any copyright, trademark, or other proprietary notices or other legends. You may not alter or modify the content in your copies.
All trademarks and logos displayed on this Site are the property of their respective owners, who may or may not be affiliated with GI Partners. You may not use any such trademarks or logos without prior written consent. We have listed below the permitted uses of our content by Site visitors. We reserve the right to change our permitted uses at any time.
You may use and print minimal copies of our content solely for your personal, non-commercial purposes. Unless you receive our permission in advance, you may not make more than minimal copies of our content, exploit any of our content commercially, forward it as a mass distribution, or post it on another Site.
Any unauthorized use of the Site or the Content may also violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.
You agree that when using this Site, you will not violate or facilitate any violation of any applicable local, state, federal or international law, rule or regulation, including, without limitation, regulations or rules of any securities exchange. Fraudulent conduct may be reported to law enforcement, and GI Partners will cooperate to ensure that violators are prosecuted to the fullest extent of the law. GI Partners does not grant, by implication, estoppel or otherwise, any license or right to use material on this site other than as set forth above, and you shall not make any other use of such material without GI Partner’s written permission.
GI Partners has the right, but not the obligation, to monitor use of the Site, and may at any time suspend, revoke, or terminate your right to use it. We may report any activity relating to this Site to regulators, law enforcement officials, or other persons or entities that we deem appropriate. GI Partners may investigate any complaint or reported violation of these Terms of Use and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service and denying access and/or removal of materials from the Site.
GI Partners reserves the right to remove anything that violates these Terms of Use or is otherwise objectionable and to report to appropriate law enforcement officials, regulators or other third parties any activity that it suspects violates any law or regulation. In order to cooperate with governmental requests, to protect GI Partners’ systems or to ensure the integrity and operation of GI Partners’ business, GI Partners may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, Internet Protocol addressing and traffic information, usage history and posted content.
Notice of Copyright Infringement
The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Site infringes your copyright, please send us a notice containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
- Contact information for the notifying party, including name, address, telephone number, and email address.
- A statement that you have 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please submit this notice to GI Partners at legal@gipartners.com.
Informational Purposes Only
You acknowledge that the Content (1) is provided for general informational purposes only, (2) does not constitute an offer or solicitation to buy or sell any securities, financial instruments, investments or other services, and (3) may not be used or relied upon in connection with any offer or sale of any such securities, financial instruments, investments or other services. Although the Site may include investment-related information, nothing on this Site is a recommendation that you purchase, sell, or hold any security or other investment, or that you pursue any investment style or strategy. An offer or solicitation will be made only through a final private placement memorandum, subscription agreement, and other related documents with respect to a particular investment opportunity, and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor. The investments and strategies discussed hereon may not be suitable for all investors, and are not obligations of or guaranteed by GI Partners. Nothing on this Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax, or legal advice. If you would like such advice, you should consult with your own advisors with respect to your individual circumstances and needs. Decisions based on use of the Site are the sole responsibility of the user, and you agree that GI Partners is not liable for any action you take or decision you make in reliance thereon.
For a list including past and current GI Partners investments in its Private Equity and Data Infrastructure strategies, please navigate to the drop-down menus on the particular strategy page. Investments described or referred to on the Site are included solely as examples of GI Partners investments and are for illustrative purposes only. It should not be assumed that investments made in the future will be comparable in quality or performance to the investments described herein. Further, references to GI Partners’ past and present portfolio investments should not be construed as a recommendation of any particular investment or security. The portfolio investments listed should not be assumed to have been profitable. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS, and no representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
The case studies presented on this Site contain the opinions of past and present GI Partners portfolio investments executives and are intended to be viewed by potential portfolio investments executives. GI Partners makes no representation or warranty as to the accuracy or completeness of the information presented here. It should not be assumed that the portfolio investments discussed in these case studies were profitable or that future portfolio investments or experiences will be comparable. Specific investments and selected case studies described herein do not represent all investment decisions made by GI Partners and are for illustrative purposes only. Some portfolio investments have been invested in by multiple GI Partners Funds, and the actual holdings may vary for each Fund. While GI Partners may target and structure investments which are downside protected to limit risk of capital loss with potential for equity upside, there can be no assurances that the downside protection of any GI Partners investment will mitigate losses or reduce losses compared to other investments or that GI Partners’ overarching investment objectives will be achieved.
Forward-Looking Statements
The Site contains forward-looking statements, which reflect our current views with respect to, among other things, the operations and performance of our businesses. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties, speak only as of the date on which they are made and are subject to change. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. Forward-looking statements are not guarantees of the underlying expected actions or future performance and future results may differ significantly from those anticipated by the forward-looking statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.
Risks You Assume by Using the Site
Information on the Site speaks only as of the date indicated. While we make reasonable efforts to provide accurate information, we undertake no obligation to promptly update or correct the Site even if we are aware that it is inaccurate, outdated, or otherwise inappropriate. You agree that we are not responsible for any action that you take or decision you make in reliance on any information contained in the Site. Therefore, this Site is provided on an “as is” basis with no warranties of any kind. We do not warrant that the information on this Site is accurate, reliable, up-to-date, or correct, that this Site will be available at any particular time or location, or that this Site is free of viruses or other harmful components. Your use of this Site and use or reliance upon any of its content is solely at your own risk.
Third Party Content
These Terms of Use apply only to this Site and not to other websites that may be accessible from this Site via hyperlink. We are responsible only for the content of our own Site and we have no control over other websites that may be accessible from this Site, the contents therein, or the products/services offered thereby. GI Partners does not review or monitor any websites linked from or to the Site and is not responsible for the content of any such websites and any Content on the Site that is produced by users, publishers, and other third parties not controlled by GI Partners. You acknowledge that such content is the sole responsibility of the third-party person or organization that created it and we assume no responsibility for any third-party content or information. Although GI Partners reserves the right to review all Content that appears on the Site and to remove any Content at our discretion, we do not necessarily review all or any of it. Access and use of third-party content made available through the Site, including news articles, is solely at your own risk and GI Partners makes no warranties, express, statutory, or implied, with respect to such third-party content or information. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by GI Partners with respect to any such linked websites or the content, products or services contained or accessible through such websites or their operators. This Terms of Use does not govern your use of any site or service other than the Site. You should review applicable terms and policies of any linked third-party content, information or websites. GI PARTNERS DISCLAIMS RESPONSIBILITY FOR THE PRIVACY POLICIES AND CUSTOMER INFORMATION PRACTICES OF THIRD-PARTY INTERNET WEBSITES HYPERLINKED FROM THE SITE. To the maximum extent permitted by applicable law, we will not be liable for any content submitted, posted, linked to, shared or otherwise made available via the Site, including, but not limited to, any inaccuracies, errors or omissions in any content, any intellectual property infringement with relation to the linked content, or any loss or damage of any kind incurred as a result of the use of any content linked in or otherwise made available via the Site. If you link other websites to the Site, you may not imply or suggest that GI Partners has endorsed or is affiliated with such websites, and you may not display the Site as “framed” within another website. GI Partners reserves the right to terminate any link or linking program at any time. Similarly, links or copies of third-party articles regarding GI Partners, its affiliates or its portfolio companies have generally been prepared without the input of GI Partners and are provided for convenience purposes only. By inclusion on the Site, GI Partners does not represent or warrant the accuracy of such information or take responsibility for its content.
Password Use, Security, and Notification
If you have received a password to access the password protected portion of the Site (the “LP Site”), you acknowledge and agree that we have granted you limited access to specific files pertaining to GI Partners (“Approved Information”), and you agree not to attempt to access computer files other than the Approved Information. You agree that you are responsible for all activities that occur in connection with or arising out of use of your password. Accordingly, you agree to take all reasonable steps to protect the confidentiality of your password and not to allow any other person to use your password or gain access to the LP Site. You agree to notify GI Partners immediately if you become aware of any disclosure, loss, theft, or unauthorized use of your password. GI Partners will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.
If you have not received a password to access the LP Site, you agree not to attempt to access files in the LP Site.
International Use
This Site is operated and controlled by GI Partners in the United States, and the Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States. We make no claims, representations or warranties that the Content or the Site, or that the transactions, products or services discussed on or accessible through the Site, are available or appropriate for sale or use outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.
Disclaimer
To the maximum extent permitted by law, the site, access to the Site, and all related Content, services and information are provided by GI Partners on an “as is” and “as available” basis. GI Partners does not make and hereby disclaims any express or implied warranties, representations, or endorsements whatsoever, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or warranties of title or non-infringement, as to the operation of this Site or the Content. GI Partners does not warrant that any part of the Site will operate uninterrupted or error-free or that defects will be corrected. GI Partners does not warrant that the information in this Site is accurate, reliable, or correct, that this Site will be available at any particular time or location, or that this Site is free of viruses, malicious code or other harmful content. You expressly agree that your use of the site or reliance upon any of the materials on the site is at your sole risk.
Liability and Indemnity
Neither we nor any of our agents, members, directors, or employees are responsible for any damages, liabilities, or injury, including but not limited to direct, indirect, incidental, special, exemplary, punitive, or consequential damages, or for any lost profits or losses, however caused, arising out of your use of (or inability to use) this Site or from any information, Content, materials, products or other services included on or otherwise made available to you through the site, whether arising under this Agreement or otherwise. Our liability is limited to the maximum extent permitted by law and is limited even if we have been advised of the possibility of the damages, liability, or injury that you suffer or if any remedy you have fails of its essential purpose, including any damages, liabilities, or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction.
In exchange for using this Site, to the maximum extent permitted by law, you agree to indemnify and hold GI Partners, our agents, members, directors, officers, employees, agents, subsidiaries, parent companies and affiliates, harmless against any and all third party complaints, charges, claims, losses, liabilities, costs, expenses, damages (including, but not limited to, attorneys’ fees) arising out of, or relating in any way to your use of this Site or your violation of this Agreement. In addition, you understand and agree that your use of this Site is predicated upon your waiver of any right to sue GI Partners, our agents, members, directors, and employees directly or to participate in a suit for any losses or damages resulting from your use of this Site.
Governing Law
You agree that your use of this Site and any disputes relating to the Site or the Agreement shall be governed in all respects by the laws of the State of California. Any dispute relating to the above shall be brought solely in the state or federal courts located in San Francisco, California and you expressly consent to the exercise of personal jurisdiction by and to venue in such courts for purposes of resolving such disputes. You agree to bring any claim solely in your individual capacity and you expressly waive any right to bring any claim as part of a group or as a class action.
Arbitration
By using the Site, you agree that GI Partners, at its sole discretion, may require you to submit any disputes arising from the use of the Site, related services or this Terms of Use concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration (the “Rules”) of the American Arbitration Association, by one or more arbitrators appointed in accordance with the Rules. Notwithstanding the Rules, however, such proceeding shall be governed by the laws of the California and will take place in San Francisco, California.
Severability
If any provision of the Agreement is deemed unlawful, void, or for any reason unenforceable, that provision will be deemed severable from the Agreement and will not affect the validity and enforceability of the remaining provisions. If any unlawful and/or unenforceable provision would be lawful or unenforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Headings used in this Terms of Use are for reference purposes only and in no way define or limit the scope of the section. The Agreement constitutes the entire agreement and understanding between you and GI Partners, and supersedes any prior agreement and understandings with respect to your access to or use of the Site.
Termination
These Terms of Use are effective unless and until terminated by either you or GI Partners. You may terminate the Terms of Use at any time, provided that you discontinue any further use of the Site. We also may terminate the Terms of Use, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to the Site. The following provisions survive the expiration or termination of the Terms of Use: Ownership; Informational Purposes Only; Forward-Looking Statements; Risks You Assume by Using the Site; Third Party Content; Disclaimers; Liability and Indemnity; Governing Law; and Severability.
Important Information Regarding Certain Biographies
The investments highlighted in Mr. Saer’s biography are a representative sample of the investments in which Mr. Saer played a significant role and was responsible for overseeing while at KKR, although other individuals at KKR were also involved in the management, oversight, and decision-making of such investments. The information described above is presented to acquaint readers with the experience Mr. Saer has in the relevant sectors. No other members of KKR are involved in the management and investment activities of GI Partners.
Awards and Rankings
It is not known to GI Partners, nor has GI Partners investigated, whether the awardees have been rated by these or any other third parties in any way that would conflict with the awards referenced herein. It is possible that a different panel of judges, or a different universe of participants, nominees, or funds, may have achieved different results. There may be other awards for which the awardees were considered but did not receive an award, or other GI Funds or transactions that did not receive any awards or make any rankings. The awards or rankings may not be representative of a particular investor’s experience or the future performance of the awardees. There is no guarantee that similar awards or rankings will be obtained by the awardees or any other funds managed by GI Partners in the future. Notice is provided solely for informational purposes and should not be construed, or relied upon, as any indication of future performance of GI Partners or any of its funds or investments.