1. Ownership; Limited License to Use the Site
First Eagle Alternative Credit grants you a limited, nonexclusive license to display and otherwise use portions of the Site solely for your own private, non-commercial, informational purposes only, and to print pages from the Site only in connection with that use. If you download any information from this Site for your personal non-commercial use, you agree that you will not remove or obscure any copyright or other notices contained in any such information. Except as described in the immediately preceding sentence, you may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site without First Eagle Alternative Credit’s prior express written permission, which may be withheld for any or no reason.
2. Usage Parameters
The password protected areas of this Site, and the information contained on or through this Site may be accessed only by persons who have been authorized by First Eagle Alternative Credit to use such areas pursuant to these Terms of Usage and solely based on written representations and warranties such persons have given to First Eagle Alternative Credit. The password assigned to you is for your use only and you are solely responsible for the safekeeping of your password.
You are responsible if your password is lost, stolen or misused and you must notify us immediately if any of these events happen. You will be responsible for all activity attributable to your password including for any adverse regulatory or other consequences for First Eagle Alternative Credit or any of their other customers arising as a result of any unauthorized use of your password.
The information provided on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject First Eagle Alternative Credit to any registration requirement within such jurisdiction or country.
3. No Offer of Securities; No Advice
THIS SITE AND THE INFORMATION INCLUDED HEREIN IS FOR GENERAL INFORMATION PURPOSES ONLY. UNDER NO CIRCUMSTANCES SHOULD ANY MATERIAL AT THE SITE BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY, FUTURE OR OTHER FINANCIAL PRODUCT OR INSTRUMENT, INCLUDING ANY INTEREST IN ANY INVESTMENT FUND SPONSORED OR MANAGED BY FIRST EAGLE ALTERNATIVE CREDIT OR ANY INVESTMENT ADVISORY SERVICES OFFERED BY FIRST EAGLE ALTERNATIVE CREDIT. ANY SUCH OFFER OR SOLICITATION CAN AND WILL BE MADE ONLY BY MEANS OF APPLICABLE DOCUMENTATION, ONLY IN JURISDICTIONS IN WHICH SUCH AN OFFER WOULD BE LAWFUL AND ONLY TO INDIVIDUALS WHO MEET THE INVESTOR SUITABILITY AND SOPHISTICATION REQUIREMENTS OF EACH APPLICABLE ISSUER, AS DETERMINED FROM TIME TO TIME BY FIRST EAGLE ALTERNATIVE CREDIT IN ITS SOLE AND ABSOLUTE DISCRETION.
This Site is not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on this Site should be construed as a recommendation, by First Eagle Alternative Credit or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. You should consult your own investment, legal, tax and/or similar professionals regarding your specific situation and any specific decisions.
5. No Reliance
While First Eagle Alternative Credit uses reasonable efforts to update the information contained in the Site, First Eagle Alternative Credit makes no representations or warranties as to the accuracy, reliability or completeness of any information at the Site. Any content of the Site is subject to change without notice. As noted above, permission by First Eagle Alternative Credit to access this Site should not be construed as, or relied upon as, investment, financial, legal, regulatory, accounting, tax or similar advice.
6. Materials to be Consulted in their Entirety
7. Links to Third Party Web Sites
First Eagle Alternative Credit has not reviewed any of the websites that may be linked to the Site, and is not responsible for the content of off-site pages or any other website linked or linking to this Site. First Eagle Alternative Credit is not responsible for the privacy practices of such other websites. Your linking to or use of any websites other than this Site is at your own risk. First Eagle Alternative Credit’s inclusion of links to other websites does not imply any endorsement of any kind by First Eagle Alternative Credit or its affiliates of the material located on or linked to by such websites and should not be deemed as such by any user of the Site. First Eagle Alternative Credit disclaims any responsibility for the products or services offered or the information contained on any websites other than this Site.
8. No Warranty
THE FIRST EAGLE ALTERNATIVE CREDIT ENTITIES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE AND/OR THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. THIS SITE AND ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED AS IS, WITHOUT ANY WARRANTY OF ANY KIND, AND ON AN AS AVAILABLE BASIS. FIRST EAGLE ALTERNATIVE CREDIT, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER RELATED TO THE SITE AND SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY, AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS AND OMISSIONS IN SYSTEM OR THE INFORMATION AND MATERIALS CONTAINED THEREIN.
You acknowledge that you are aware that by using this Site you may be subject to security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing, and/or other security or privacy hazards.
First Eagle Alternative Credit may use encryption technology to protect certain transmissions of data to/from this Site, but e-mail and other communications, unless otherwise noted on this Site, are not encrypted to/from this Site. Therefore, you should not send any personal or identifying information, such as account numbers, credit card numbers, Social Security numbers, passwords, etc., to First Eagle Alternative Credit via e-mail. Your use of e-mail or other electronic communication means you acknowledge that you have no expectation of privacy with respect to the information delivered thereby and that First Eagle Alternative Credit will not be responsible for any loss or damage that could result from interception by third parties of any information so sent.
In order to provide better service or to address security hazards, we may occasionally use a “cookie.” A cookie is a small piece of information that a Web site stores on your computer and can later retrieve. When you access this Site, our Web servers may place persistent cookies on your computer in order to recognize you as an authorized user, recognize your user id and password, to track your acceptance of disclaimers or to facilitate your use of this Site. Although you can set up your Web browser to inform you when cookies are set or to prevent cookies from being set, this may affect the functionality of this Site. By using this Site you agree that First Eagle Alternative Credit may download certain information to your computer or other access device.
THE FIRST EAGLE ALTERNATIVE CREDIT ENTITIES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES FURTHER ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTIES THAT, INFORMATION, SERVICES OR FUNCTIONS CONTAINED AT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. THE FIRST EAGLE ALTERNATIVE CREDIT ENTITIES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE OR KIND TO YOUR COMPUTER, VIRUSES THAT MAY INFECT YOUR COMPUTER, OR SERVICES REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS OR USE OF THE SYSTEM.
9. Limitation of Liability; Indemnification
These limitations of liability will apply regardless of: (i) any negligence or gross negligence of the First Eagle Alternative Credit Entities or any of their officers, directors, members, principals, investors, clients, agents or employees or (ii) whether the liability arises in negligence, gross negligence, strict liability, contract, tort (including negligence or gross negligence) or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose.
Waiver of Jury Trial. YOU WAIVE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY ACTIONS OR PROCEEDINGS DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER, OR IN CONNECTION WITH, THESE TERMS OF USAGE.