Last Updated July 13, 2007
General
Fenway Partners. (“Fenway Partners”) is pleased to make this web site (the “Site”) available to you. (“You” and “user” as used in these terms refers to you as the user of the Site.) The Site incorporates all information and services offered through the Site, including for certain registered users the Limited Partner Reporting System (the “Service”) powered by DML Technologies, LLC.
IN ORDER TO ACCESS THIS SITE AND USE SERVICES OFFERED THROUGH THE SITE YOU MUST AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, WHICH INCLUDE, BUT ARE NOT LIMITED TO, THE PRIVACY POLICY, THE ACCEPTABLE USE POLICY AND ANY OTHER AGREEMENTS AND POLICIES INCORPORATED BY REFERENCE HEREIN, AS SUCH MAY BE AMENDED FROM TIME TO TIME (COLLECTIVELY, “TERMS AND CONDITIONS OF USE” OR “TERMS AND CONDITIONS”).
Portions of this Site are only accessible to registered users, and your use of those limited access portions of the Site are also subject to such additional terms and restrictions as are set forth at the time of registration or separately provided to or made available to you within the limited access portions of the Site. When we refer to “Terms and Conditions” we refer to all terms applicable to you, including any additional terms that may apply if you access areas of the Site with additional or special terms.
These Terms and Conditions may be changed by Fenway Partners at any time. Any changes will be effective upon notice of the changes, including, but not limited to, notice through the posting of such changes on the Site. YOU HEREBY STIPULATE AND AGREE THAT YOUR CONTINUED USE OF THE SERVICE AFTER NOTICE HAS BEEN PROVIDED OF ANY CHANGE TO THE TERMS AND CONDITIONS OF USE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
Access To The Site
You are responsible for paying any third-party fees for access to the Site, including, but not limited to, internet service provider and telecommunications fees. In addition, you must provide and are responsible for all equipment necessary for you to access and use the Site. If you are a registered user of any portion of the Site, you agree that it is your obligation to provide current, complete and correct information about yourself when registering and agree to update such information so that it remains current, complete and correct so long as you remain a registered user of the Site.
In the event that Fenway Partners reasonably believes that information provided by you is incorrect or incomplete, Fenway Partners reserves the right to suspend or terminate your access to the Site or, at its discretion, any area of the Site or service offered through the Site. If you obtain access to any limited access areas of the Site, you agree not to share or transfer your access to or use of such section to any other person. For clarity, all registered users must register individually, and you may not share or transfer your access to limited access portions of the Site even to co-workers, friends or family members.
Confidentiality
Certain limited access portions of the Site provide the Service to limited partners of Fenway Partners or an affiliated entity (“Limited Partners”), and these portions of Site include confidential and proprietary information. You will keep confidential and will not disclose information acquired from or through the Site, or use such information for an unauthorized or improper purpose, except: (i) with the prior written permission of an authorized representative of Fenway Partners; (ii) if the Limited Partner is an entity, you may disclose such information t