Terms of Use and Privacy Notice | Concord Health Partners
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Terms of Use and Privacy Notice

TERMS OF USE

 

Thank you for visiting the website of Concord Health Partners and its affiliates (collectively, “Concord”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.ConcordHP.com (the “Website”), owned and operated by Concord, including any content, functionality and services offered on or through the Website.

1. Acceptance of the Terms of Use

 

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and unconditionally agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

2. Changes to the Terms of Use

 

We may revise, update, suspend, remove, and/or otherwise change any portion of these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them on this Website, and apply to all access to and use of the Website thereafter.

 

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. For this reason, we encourage you to review the Terms of Use whenever you visit our Website so you are aware of any changes, as they are binding on you. The date on which these Terms of Use were last updated is shown in the “Last Modified” legend found at the bottom of these Terms of Use.

3. Privacy Notice

 

We have established a Privacy Notice to explain how we collect, use, retain and share information about you. Please carefully review our Privacy Notice. By accessing or using the Website, you also are signifying your acknowledgement of our Privacy Notice.

4. Eligibility; Age Restrictions

 

You are prohibited from using the Website unless you are 18 years of age or older. You may not use the Website where prohibited by applicable law. We also do not knowingly collect any information from children under the age of 13. Any use or access to the Website by individuals under the age of 13 is strictly prohibited and is a violation of these Terms of Use.

5. Informational Purposes Only; Intended Use of Website

 

You acknowledge that the content of the Website is provided for informational purposes only and is intended to provide information regarding Concord’s capabilities with respect to potential portfolio investments.  The Website is not intended to solicit investors for any security or investment product managed or sponsored by Concord and may not be relied upon for such purpose.  Nothing contained in the Website constitutes an offer to sell, a recommendation or a solicitation of an offer to purchase any investments or securities of any investment vehicle managed or sponsored by Concord.

 

Case studies of representative investments provided in the “Portfolio” section of the Website have been selected to illustrate Concord’s collaboration with management teams and its ability to add value in the management and operations of its portfolio investments . Any specific companies listed or discussed do not represent any or all companies purchased, sold or recommended for advisory clients since inception. Users should not assume that all investments in the companies identified are or will be profitable. Past performance is not a guarantee of future results, and you should not assume that any results for portfolio investments of Concord funds will be achieved for other investments.  To the extent the Website contains forward-looking statements with respect to Concord’s portfolio investments, you should be aware that future results may differ significantly from those anticipated by such forward looking statements.

6. No Investment Advice Offered

 

The information contained herein is not investment advice.  Concord’s provision of information to you through the Website, including information regarding Concord’s current and historical portfolio investments, does not constitute the rendering of investment, consulting, legal, accounting, tax or other advice or services. You should not rely upon the information on the Website for making business, investment or other decisions or use such information as a substitute for consultation with professional advisors.

 

Concord’s team of Advisors assist Concord with due diligence and evaluation of potential investments, serving as full-time executives of portfolio companies, serving as directors of portfolio companies and acting as senior advisors to Concord with respect to potential and existing investments. Advisors are consultants (and not employees of Concord) and related fees, other compensation or expenses may be charged to Concord’s clients or portfolio companies.

7. Intellectual Property Rights

 

Unless otherwise noted, the Website, and all material on the Website, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Concord.

 

The Website and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Website.

8. Trademarks

 

Concord’s name and all related names, logos, product and service names, designs and slogans are trademarks of Concord or its licensors. You must not use such marks without the prior written permission of Concord. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

9. Prohibited Uses

 

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:​

 

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Remove or obscure any copyright or other notices or legends contained in any of the material downloaded from the Website.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Use the Website, or encourage or assist others to use the Website to violate any law, regulation, rule or the intellectual property or contractual rights of others, or gain access to the identities, information or computers of others through the Website.
  • Otherwise attempt to interfere with the proper working of the Website.

10. Links from the Website

 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

11. Transmission to and from the Website

 

Any communication or content that you send to the Website is and will be deemed to be non-confidential as between you and us, and Concord will be free to use, modify, reproduce and distribute it for any purpose without compensation to you.

12. International Use

 

The Website is operated and controlled by us in the United States, and the content provided in or accessible through the Website is, unless otherwise specified, directed at residents of the United States. Despite the global nature of the Internet, Concord makes no claims that the Website is appropriate or may be viewed or used outside the United States. Access to the Website from countries or territories where such access is illegal is prohibited. Concord makes no representations that the transactions, products or services discussed on or accessible through the Website are available or appropriate for sale or use in all jurisdictions or by all users. Those who access the Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.

13. Disclaimer of Warranties

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. 

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CONCORD NOR ANY PERSON ASSOCIATED WITH CONCORD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CONCORD NOR ANYONE ASSOCIATED WITH CONCORD REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

CONCORD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Limitation on Liability

 

IN NO EVENT SHALL WE BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OR DISTRIBUTION OF THE WEBSITE, INCLUDING DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION, OR ANY CONTENT OBTAINED THROUGH USE OF THE WEBSITE. THIS IS TRUE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

 

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, CONCORD IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES ARISING OUT OF YOUR USE OF, ACCESS TO OR INABILITY TO USE THE WEBSITE OR ANY CONTENT PROVIDED BY US OR ANY THIRD PARTY, OUR LIABILITY SHALL IN NO EVENT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

15. Indemnification

 

You agree to defend, indemnify and hold harmless Concord (previously defined), licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your user registration and submissions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

16. Copyright Complaints

 

We respect the intellectual property rights of others and we ask that users of the Website do the same. If you believe that anything on this Website infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below: 

Concord Management Services

ATTN: James Olsen

25 Deforest Avenue, Suite 108

Summit, NJ 07901

(P) 212-508-7090

(E) info@concordhp.com

 

As set forth by Section 512(c)(3) of the Digital Millennium Copyright Act, your notification should contain the following information:

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.

17. Governing Law and Jurisdiction

 

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.

 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey and County of Union, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

18. Miscellaneous

 

The Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms 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 of Use shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms of Use without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms of Use.

19. Contact Us

 

We welcome your questions, comments, and concerns about these Terms of Use and our Website. You can reach us at:

 

25 Deforest Avenue, Suite 108, Summit, NJ 07901

(212) 508-7090
INFO@CONCORDHP.COM

 

Last Modified: May 2019

PRIVACY NOTICE

 

Welcome to www.ConcordHP.com (the “Website”), the website of Concord Health Partners (collectively, “Concord”, “we” or “us”). Your privacy is important to us. To better protect your privacy, we are providing information explaining how we collect and use your information.

1. The Information We Collect & How We Use It

 

We may automatically collect and store in our log files certain information from visitors who interact with the Website such as date/time stamps and the length of time spent on this Website, the pages accessed while visiting this Website, internet protocol (IP) addresses, browser type, and internet service provider (ISP).

 

We use the information we collect for various purposes, including to improve the Website; compile aggregated or anonymized user information for analytical purposes; track the number of visitors to the Website; manage our everyday business needs, such as administration of the Website, fraud prevention, and enforcement of our Terms of Use; or to comply with applicable laws.

2. Information Sharing and Protection

 

Our Website does not share or sell the information on its users we collected with any unaffiliated third parties for their promotional purposes.

3. Where Your Information is Stored

 

The Website is intended for users in the United States. Your information will be stored in the United States. If you use our Website outside of the United States, please be aware that the United States may have different laws, regulations and standards regarding data privacy from those in your own country.

4. Privacy Notice Updates

 

Our Privacy Notice may change from time to time without notice. If we decide to materially change our Privacy Notice, we will post those changes so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Therefore, you are strongly encouraged to regularly revisit this page to review our current Privacy Notice. If at any point we decide to collect personally identifiable information or use any collected information in a manner different from that stated at the time it was collected, we will notify users by posting changes on this page. We will use information only in accordance with the Privacy Notice under which the information was collected.

5. Contact Us

 

We welcome your questions, comments, and concerns about our Privacy Notice and our Website. You can reach us at:

 

25 Deforest Avenue Summit, Suite 108, NJ 07901

(212) 508-7090
INFO@CONCORDHP.COM

 

Thank you for visiting ConcordHP.com!

 

Last Modified: May 2019