The confidential material contained in this website is intended only for financially sophisticated investors and is for their private use. The material contained in this Web site does not constitute any offer or sale or any form of general solicitation or general advertising of interests in ValueAct investment funds. The investment funds rely on private placement exemptions to registration under the Securities Act of 1933 (or the securities laws of any states) and have not been registered as investment companies under the Investment Company Act of 1940. ValueAct Capital Management L.P. is registered as an investment adviser under the Investment Adviser Act of 1940. By entering this site, you agree to our Terms and Conditions of Use. In this Terms and Conditions of Use, "we" or "us" or "ValueAct" or "ValueAct Capital" refers to ValueAct Holdings, L.P. and its affiliates. We provide our services to you subject to the following terms and conditions.
Please read the entire Terms and Conditions of Use carefully before you use the site. If you do not agree to all these terms and conditions, you may not use our site. By using the site, you are deemed to have accepted these terms and conditions.
To use this site, you must be at least 18 years old. To access the "Investor Access" page, you must also be an investor (or a contact person designated by such investor) in a ValueAct investment vehicle. To access the "More Information" page, you must be an authorized user, as designated by ValueAct.
By entering the "Investor Access" or "More Information" page, you acknowledge and agree that you only enter with an authorized password that has been issued to you (or your institution and you are an authorized user). Passwords are not transferable. The materials in this site may only be provided to you or members of your institution.
Site Use Guidelines
The information that we provide is for your information only. Some information provided may not be current, or may have changed since the last time you viewed or downloaded it. All information is subject to change without notice. We do not in any way represent or warrant the accuracy or reliability of any of the information provided, and all information is provided subject to the disclaimers and limitations of liability set forth below.
Proprietary Rights to Content
You acknowledge and agree that this site contains information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material (collectively "Content") protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Without limiting the foregoing, the Content includes any reports that may be accessed through the site. The Content is our property or that of our suppliers or licensors. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is our exclusive property and is protected by U.S. and international copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, license, sell, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make one copy of select portions of the Content, provided that the copy is made only for your personal information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws, you may not upload, post, reproduce, perform, or distribute in any way any Content without obtaining permission of the owner of the copyright, trademark or other proprietary right.
ValueAct Capital and all related marks are service marks or trademarks. They may not be used or displayed without our prior written consent. All other trademarks, product names and company names and logos appearing on the site are the property of their respective owners, and may be used only with the permission of the particular owner.
Password Access User's Account Obligations
To the extent you have received password access to the "Investor Access" page or "More Information" page, in consideration of your use of such password-protected pages of this site, if we ask you for any information about yourself, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the form provided for your account information and (b) maintain and promptly update the account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the site.
You expressly understand and agree that:
(a) Your use of the site is at your sole risk. The site is provided on an "as is" and "as available" basis. To the fullest extent permissible pursuant to applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
(b) We do not warrant or represent that (i) the site will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the site will be accurate or reliable, (iv) the quality of any services, or information, or other material obtained by you through the site will meet your expectations, (v) the server that makes the site available is free of viruses or other harmful components; or (vi) any errors in the software will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any loss or damage incurred, including, without limitation, damage to your computer system or loss of data that results from the download of any such material. You (and not us or any of our affiliated entities or any of our or their respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to restore your system.
(d) No advice or information, whether oral or written, obtained by you from us or through or from the site shall create any warranty not expressly stated in these Terms and Conditions of Use.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
We shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use of or the inability to use the site resulting from unauthorized access this site, including but not limited to, damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
If you are dissatisfied with any portion of the service, or with any of these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue using this site.
Waiver of Jury Trial
You hereby irrevocably waive any and all right to trial by jury in any legal proceeding arising out of or relating to this agreement or the transactions contemplated hereby.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees and disbursements, made by any third party due to or arising out of your use of this site, your connection to this site, your violation of these Terms and Conditions of Use, or your violation of any rights of another.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from this site to either a foreign national or a foreign destination in violation of such laws.
These Terms and Conditions of Use will be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions of Use will be filed only in the state or federal courts located in Northern District of California, and you hereby consent and submit to the personal jurisdiction and venue of such courts for the purposes of litigating any such action.
We make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
We may terminate your access, or suspend any user's access to all or part of this site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or us.
These Terms and Conditions of Use constitute the entire agreement and understanding between you and us, superseding any prior agreements and understandings, and govern your use of this site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or the Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms and Conditions of Use are for convenience only and have no legal or contractual effect.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions of Use.
Any rights not expressly granted herein are reserved by and for us.
Modification of Agreement
Notice of all changes to these Terms and Conditions of Use will be posted on this site. If you do not agree with the changes in the Terms and Conditions of Use, your sole remedy is to discontinue the use of the site. By using this site after we post any changes to this policy, you thereby agree to accept those changes.
Any inquiries concerning these Terms and Conditions of Use should be directed to Jennifer Summerhays, email@example.com.