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The information contained in the Site may include certain historical investment performance information and forward-looking statements relating to GI Partners as well as to our underlying portfolio companies. 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. Past performance is not indicative of future results and there can be no assurance that future performance will be comparable to past performance.
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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.
If you have not received a password to access the LP Site, you agree not to attempt to access files in the LP Site.
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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, 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.
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Notwithstanding the foregoing, nothing contained in preceding paragraphs or elsewhere in this Agreement 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.
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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. 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.
Important Information Regarding Cetain 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.