Terms and Conditions
Effective Date: September 30, 2022
This website (the “Site”) is published and maintained by or on behalf of Mason Wells, Inc. its affiliates, and related entities (collectively, “Mason Wells”). These Terms and Conditions (the “Terms”) govern your access to and use of the Site; please read them carefully.
By accessing, browsing, submitting information to and/or using the Site, you agree and acknowledge on your own behalf as well as on behalf of any entity that you represent (collectively “you”) that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state, and local tax and tariff laws, regulations, and/or directives. YOU MAY NOT ACCESS, SUBMIT INFORMATION TO OR OTHERWISE USE THE SITE IF YOU DO NOT AGREE TO THESE TERMS.
These Terms may be changed at any time, and all changes will be effective upon their posting on this Site. In the event the changes to these Terms are material, we will provide you with notice of those changes via a notice on the Site or other communication. Your use of the Site following changes to these Terms will be subject to those changes. We encourage you to check back periodically to ensure that you are familiar with the most current version of these Terms.
References on this Site to any Mason Wells fund shall be deemed to include a reference to the mentioned buyout fund and its related executive fund, if applicable.
Use of Site
Mason Wells grants you a non-exclusive right to access and use the Site and the data, material, content, and information on the Site (collectively, the “Materials”) solely for your internal use. You agree to (a) use the Site only for lawful purposes; (b) take all necessary precautions to ensure that all content or other material you post or otherwise make available within the Site does not contain any viruses, time bombs, or other programs that may damage or interfere with the operations of the Site or any system, data or information pertaining to the Site; (c) comply with all rules governing transactions on and through the Site; (d) comply with all applicable laws, statutes, rules, regulations, and policies (collectively, “Laws”).
You may not (a) distribute, exchange, modify, sell, reproduce, copy, transmit, transfer, republish, compile or decompile, reverse engineer, disassemble, display, remove or delete any Materials provided by Mason Wells, its third party licensors and/or other users of the Site; (b) allow disclosure or copying of any part of the Site or any Materials obtained from the Site; (c) engage in any conduct that in any way restricts, inhibits or impacts any other user from using or enjoying the Site; (d) violate the privacy rights of other users of the Site; (e) post or transmit any unlawful, harmful, threatening, libelous, abusive, harassing, defamatory, obscene, sexually explicit, profane or otherwise objectionable Materials of any kind whatsoever; (f) post or transmit any Materials that encourage or promote illegal activity or that may give rise to civil or criminal liability or that violate any Laws, including but not limited to Laws governing intellectual property; (g) post or transmit any Materials for commercial purposes, other than in connection with your business relationship with Mason Wells; or (h) post or transmit any Materials that contain false or inaccurate information for the purposes of registering as a user of any part of the Site or any of the functions offered pursuant to any part of the Site.
Submission of Information
ALL INFORMATION, AND SERVICES PROVIDED BY MASON WELLS TO YOU VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. MASON WELLS AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, MASON WELLS AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY, OR AVAILABILITY OF THE SITE OR ANY MATERIALS POSTED ON OR OTHERWISE ACCESSIBLE VIA THE SITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT MASON WELLS AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE, OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE SITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER MASON WELLS NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR MATERIALS WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. MASON WELLS FURTHER MAKES NO WARRANTY THAT THE SITE OR MATERIALS WILL BE FREE OF VIRUSES, WORMS, OR TROJAN HORSES OR THAT THEY WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND MATERIALS IS AT YOUR SOLE RISK AND THAT MASON WELLS, ITS AFFILIATES, AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE SITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST MASON WELLS FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO CEASE YOUR USE OF THE SITE AND/OR THE MATERIALS EVEN IF SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MASON WELLS OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS, COSTS OF PROCURING SUBSTITUTE GOODS, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION,) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, OR THE MATERIALS, DATA, CONTENT OR INFORMATION ACCESSED VIA THE SITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE SITE, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF MASON WELLS OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL MASON WELLS OR ANY OF ITS LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT DAMAGES IN EXCESS OF $100.
All Materials published and displayed on, contained within, or relating to the Site, including, but not limited to, text, graphics, user interface, logos, images, designs, and illustrations, are the exclusive property of Mason Wells and its content suppliers and are protected by the U.S. and international copyright laws. Mason Wells authorizes you to copy and print hard copy portions of the Materials solely for your internal use, provided that any copy of the Materials: (a) shall at all times retain all notices contained thereon; (b) shall not be modified in any way or used, reproduced or distributed for any public or commercial purpose; (c) shall not be transferred to any other person, unless you give such person notice of, and such person accepts, the obligations set forth in these Terms; and (d) shall include the following copyright notice: “© Mason Wells, Inc. All rights reserved.”
Except as otherwise authorized by these Terms, you may not upload, post, create derivative works of, or distribute, in any way, any Materials, without obtaining prior written permission from Mason Wells. Nothing contained herein shall be construed as conferring to you, by implication, estoppel or otherwise, any right, title, or ownership of or to the Materials.
The registered and non-registered trademarks, trade names, product brand names, logos, emblems, and service marks (the “Marks”) appearing on the Site and the Materials are the exclusive property of Mason Wells and its third-party licensors and are protected by applicable Laws. You may not use, reproduce, modify, delete, distribute, or display the Marks for any purpose not authorized by these Terms without the prior written consent of Mason Wells.
Changes and Updates
The Site and Materials may include technical inaccuracies or typographical errors. Changes may be made periodically and at any time to the Site or Materials. Your access of the Site or Materials does not create a contract for the purchase of services.
Right to Terminate or Discontinue Access
Mason Wells has the right to (a) restrict, prevent, terminate, or suspend your access to all or any part of the Site at any time, without notice; or (b) change or discontinue providing all or any part of the Site at any time without notice. Mason Wells has no obligation to update the Site or to correct any errors or omissions in the Site.
The Site may provide links or references to sites operated by other individuals, companies, or other entities. If you access any of these third-party sites, including but not limited to portfolio companies’ sites, you will leave the Site. Mason Wells has no responsibility for the data, material, content, or information of these other sites, and does not make any representations or give any warranties with respect to any data, material, content, or information contained at or made available through these other sites and shall not be liable for any damages or injury arising from the data, material, content, or information of these other sites. If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk. Mason Wells reserves the right to terminate any link or linking program at any time.
Mason Wells does not assume liability for the individuals, companies, or other entities, or any products, services or materials associated with such individuals, companies, or other entities, that either provide a link from the Site or provide a link to the Site on their sites.
Unless approved in writing in advance by Mason Wells, you agree not to: (a) provide a link to the Site or create a hyperlink to the Site; and (b) create any frames at any other sites pertaining to any of the content located at the Site. Please contact Mason Wells using contact information provided below to seek approval for linking to the Site.
The laws of the State of Wisconsin, U.S.A. will govern these Terms without giving effect to any principles of conflicts of laws. YOU AND MASON WELLS AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS LOCATED IN MILWAUKEE COUNTY, WISCONSIN, U.S.A. IN ANY LEGAL ACTION OR PROCEEDING.
No delay or omission by Mason Wells to exercise any right occurring upon any action, inaction, or noncompliance on your part with respect to any of these Terms shall impair any such right or power or be construed to be a waiver thereof or a waiver by Mason Wells of any other rights arising hereunder.
The provisions of these Terms are intended to be severable. If any provision of these Terms is determined by a court or other judicial body of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be deemed ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
You agree to indemnify, defend, and hold harmless Mason Wells, its affiliates and third-party licensors, and their respective shareholders, directors, officers, employees, representatives, agents, successors, and assigns (collectively, the “Indemnified Parties”), from and against all losses, damages, liabilities, injuries, claims, demands, causes of action, suits, penalties, taxes, costs, and expenses, including reasonable legal expenses, of whatsoever kind and nature, incurred by the Indemnified Parties arising out of or in connection with any breach by you of these Terms, including, without limitation, any representations, warranties or covenants contained herein.
Other Terms May Apply
Nothing contained in these Terms is intended to modify or amend any agreement currently in effect between you and Mason Wells. Additional terms and conditions may apply to business transactions conducted by Mason Wells via the Site. Such terms must be observed and followed as they apply to the particular portions of the Site for which they are intended.
You acknowledge that these Terms are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms and any other documentation, agreements, notices or communications between you and Mason Wells may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.
If you have questions regarding these Terms, you may contact Mason Wells at firstname.lastname@example.org.