These Terms and Conditions may be updated by us at any time. Your continued use of the Site after any such modifications shall constitute your acceptance of these Terms and Conditions as modified.
Permitted Uses of Our Site and Content
All Content on our Site is the intellectual property of Sumeru or other parties, and is protected by copyright and other intellectual property law. We have listed below the permitted uses of our Content by Internet Site visitors. We reserve the right to change our permitted uses at any time.
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. 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.
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.
We welcome any questions, comments or other content you choose to submit to us through the Site (including through e-mail links). To avoid any misunderstandings, please be advised that we have the right to (and to allow others to) use, copy and distribute any questions, comments or other content you submit to us, without compensating or notifying you.
While we make reasonable efforts to ensure that the Site is secure, we do not guarantee the security of the Site. Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Site may not be secure. Communications to Sumeru, particularly those containing confidential information, may be sent by mail to the intended recipient at the appropriate office address contained on this Site.
Prohibited Uses of Our Site and Content
Sumeru has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you.
You may not link to this Site or display this Site as “framed” within another website. You may not (and may not encourage others to) violate any law, regulation, rule or the intellectual property, privacy or publicity, or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information or computers of others, through this Site. You may not: send through this Site any materials or communications that are unlawful or defamatory, indecent, harassing, or otherwise objectionable in our sole discretion; transmit any virus, worm, time bomb or similar system interference or corruptant through this Site; or use this Site to engage in any other unauthorized or unwelcome online conduct.
We reserve the right to change or supplement our policies as to prohibited uses at any time.
You agree to indemnify and hold harmless Sumeru and its affiliates and their employees, agents and representatives from any and all liabilities, damages, losses, claims, expenses and fees resulting from your violation of our website policies.
No Offer or Advice
The Content is provided for informational purposes only and does not constitute an offer to sell or buy any securities and may not be used or relied upon in connection with any offer or sale of securities. 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.
Sumeru is not utilizing the Site to provide investment or other advice, and nothing on the Site is to be deemed a recommendation that you buy, sell or hold any security or other investment or that you pursue any investment style or strategy. If you would like investment, accounting, tax or legal advice, you should consult with your own advisors with respect to your individual circumstances and needs.
Sumeru Equity Partners and certain other marks displayed on this Site are trademarks and service marks of Sumeru. You may not use any of Sumeru’s trademarks, trade names or service marks in any manner that creates the impression that such names and marks belong to or are associated with you or your affiliates or are used with Sumeru’s consent. All other trademarks or service marks on the Site that are not owned by Sumeru are the property of their respective owners.
Links to Other Websites
This Site may contain links to, or may be linked from, other websites that are not maintained by us. Sumeru does not endorse, have any responsibility for, or make any representations about, any other websites, including their products and services, content, communications and website use policies. Sumeru expressly disclaims any responsibility for your access to or use of such other websites.
Limitations of Liability
You acknowledge and accept that: (1) notwithstanding the reasonable efforts by Sumeru to avoid technological problems, the Site may not be available, may not function properly or may have or cause technological problems (including, without limitation, computer malfunction, failure of performance, delays, interruptions, defects, errors, worms or viruses) from time to time; and (2) notwithstanding any reasonable security precautions that Sumeru or its designee may take, Sumeru or its designee can not, and does not, guarantee that the Site will be free of security problems (including, without limitation, unauthorized interception of data or communications).
Information on the Site speaks only as of the date indicated. While we make reasonable efforts to provide accurate information, at times we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate.
Sumeru will not be liable for any damages or injury, including but not limited to special or consequential damages, that result from the use of (or the inability to use) this Site and its contents, or a website linked to this Site, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction, or from any action that you take or decision you make in reliance on any information contained in the Site.
Notwithstanding the foregoing, nothing contained in preceding paragraphs or elsewhere in these Terms and Conditions shall constitute a waiver by you of any of your legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived.
THIS SITE IS PROVIDED BY SUMERU ON AN “AS IS” AND “AS AVAILABLE” BASIS. Sumeru 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 information included on this Site. SUMERU 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 OR OTHER HARMFUL COMPONENTS.
Sumeru makes no claims that this site is appropriate or lawful for use or access outside the United States. Access to this Site from countries or territories where such access is illegal is prohibited. If you access this Site from outside the United States, you do so at your own risk. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and website access. Furthermore, our databases are located in the United States. By sending us your data, you consent to its transfer to and storage within the United States.
Governing Law / Forum
These Terms and Conditions are governed by California law. If we have a dispute regarding this policy or your use of our Site, you agree that it shall be resolved solely in the state or federal courts located in or near Menlo Park, California.
The information contained in the password-protected portion of the website (the “LP Website”) is confidential and is subject to the confidentiality provisions contained in the governing agreements of the relevant entities to which you are a party. As a limited partner of one or more of the Sumeru funds, or a representative of such a limited partner, you are subject to those confidentiality provisions. By use of the LP Website you agree that the information relating to Sumeru funds in which you are not a limited partner is subject to the same confidentiality restrictions that apply to you as a limited partner in any of the Sumeru funds. The information contained in the LP Website may not be reproduced or redistributed in any manner.
The information contained in the LP Website may include material non-public information regarding the Sumeru funds and their underlying portfolio companies. It is a violation of U.S. securities laws for a person in possession of material non-public information concerning an issuer to purchase or sell securities of such issuer or to communicate such information to another person under circumstances in which it is reasonably foreseeable that such person is likely to purchase or sell securities.
Password Use, Security and Notification
If you have received a password to access the LP Website, you acknowledge and agree that we have granted you limited access to specific files pertaining to Sumeru funds (“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 Website. You agree to notify Sumeru immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.
If you have not received a password to access the LP Website, you agree not to attempt to access computer files in the LP Website.
Sumeru may terminate your access to this Site for any reason, without prior notice.
Important Information Regarding the Relationship between Sumeru and Silver Lake Sumeru (“SLS”)
The investment team that spun out of Silver Lake to form SEP includes three of the five Managing Directors that managed SLS, Kyle Ryland, John Brennan and Paul Mercadante. SEP’s investment committee additionally includes Jason Babcoke, George Kadifa, Sanjeet Mitra and Randy Randleman. In addition, Ajay Shah, Founding Managing Partner and Managing Director of SLS, serves as a Senior Operating Partner to SEP and serves on the SEP investment committee. The fifth Managing Director previously responsible for the SLS portfolio is not involved with Sumeru Equity Partners. As a result of the spin-out, the two co-founders of Silver Lake who serve on the SLS investment committee do not serve on the SEP investment committee. SLS results may not necessarily be indicative of future SEP performance, in particular given that not all members of the SLS senior investment team will be involved in SEP.
The Case studies represent investments made by SLS. Please see important disclaimers above regarding the relationship of SLS and SEP. Further, the companies shown do not represent all of the investments made by SLS or SEP. A complete list of portfolio companies is provided under Companies. The case studies were not selected based on the performance of such investments. Not all transactions entered into by SEP may be profitable. Past performance is not indicative of future returns.