Terms of Use
These terms of use (the “Terms of Use”) constitute a legally binding agreement between Vista Credit BDC Management, L.P. (together with its affiliates, “Vista”) and you, the user of the Vista website (the “Site”). By accessing the Site you acknowledge that you have read and agree to the Terms of Use. The Terms of Use govern your use of the Site. Please read the Terms of Use carefully. If you do not agree with the Terms of Use, please do not use the Site.
Vista reserves the right to amend the Terms of Use in its sole discretion at any time. Vista will post any changes to the Terms of Use on the Site, and changes shall be effective immediately upon posting. We recommend that you re-visit the Site on occasion to learn of any revised terms or policies. Your continued use of the Site after any such changes constitutes your acceptance of the new terms and policies.
Use of the Site
Your right to access and use the Site is limited solely for the purpose of evaluating a potential business relationship with Vista or for internal business purposes in furtherance of an existing business relationship with Vista. Without limiting the foregoing, as a condition of your right to access the Site under the Terms of Use, you acknowledge and agree that you shall not directly or indirectly:
- Use the Site for any commercial purpose or for the benefit of any third party;
- Frame or hyperlink the Site or any portion thereof without the prior written consent of Vista;
- Remove any proprietary notices from the Site or any copy thereof;
- Attempt to decompile, reverse engineer or hack the Site or to defeat or overcome any security measures, encryption and/or digital rights management technology implemented by Vista with respect to the Site and/or data transmitted, processed or stored by Vista; or
- Use the Site for any illegal or fraudulent purpose.
Regulatory Disclosures
The content of this Site is for general, informational purposes. Vista does not make any representation or warranty of any kind, express or implied, as to the accuracy or completeness of the information contained herein. Under no circumstances should the information presented be considered an offer to sell, or a solicitation to buy, any security. Such offer or solicitation may only be made pursuant to the current offering documents for the relevant clients of Vista Credit BDC Management, L.P. which may only be provided to accredited investors and qualified purchasers as defined under the Securities Act of 1933 and the Investment Company Act of 1940. While the information provided herein is believed to be accurate and reliable, Vista, its advisors and employees make no express warranty as to its completeness or accuracy.
Although the Site may include investment-related information, nothing on the Site is or should be considered a recommendation that you purchase, sell or hold any security or other investment, or that you should pursue any investment strategy, and no information or Content (as defined below) on the Site is to be relied upon for the purpose of making or communicating investment or other decisions. Nothing on the Site is intended to be, and you should not consider anything on the Site to be investment, accounting, tax, legal or other professional advice.
The information provided on this Site may not be reproduced, distributed or communicated, in whole or in part, to any third party without the express written consent of Vista.
This Site may include information regarding Vista’s past and present portfolio companies. It should not be assumed that investments made in the future will be comparable in quality or performance to the investments described herein. Further, references to Vista’s past and present portfolio companies should not be construed as a recommendation of any particular investment or security. The portfolio companies listed should not be assumed to have been profitable. Any past performance information on the Site, including the Investor Website (as defined below), is not necessarily indicative, or a guarantee, of future results.
The Site may contain forward-looking statements (including those relating to current and future market conditions and trends in respect thereof) that are not historical facts and are based on current expectations, estimates, projections, opinions and/or beliefs of Vista. Such statements involve known and unknown risks, uncertainties and other factors, and undue reliance should not be placed thereon. In addition, no representation or warranty is made with respect to the reasonableness of any estimates, forecasts, illustrations, prospects or returns, which should be regarded as illustrative only, or that any profits will be realized. Actual events or results or actual performance of the relevant Fund (or any other entity referred to on the Site) may differ materially from those reflected or contemplated in such forward-looking statements. As a result, investors should not rely on such forward-looking statements in making their investment decisions. No representation or warranty is made as to future performance or such forward-looking statements.
The company logos of our corporate partner and affiliate organizations do not represent Vista or Vista fund investments and do not signify affiliation or endorsement.
Videos by Vista contain the opinions of past and present Vista and portfolio company personnel. Vista makes no representation or warranty of any kind, express or implied, as to the accuracy or completeness of the information in these videos. It should not be assumed that the portfolio companies discussed in these videos were profitable or that future portfolio companies or experiences will be comparable. Past performance is not necessarily indicative, or a guarantee, of future results. Under no circumstances should these videos be construed as an offer to sell, or a solicitation to buy, any security or as opinions regarding the provision of investment advisory services by Vista. The titles as represented are a reflection of individual roles and work at the time of filming and not necessarily indicative of current or future positions. Value Creation Team (“VCT”) consists of Vista professionals dedicated in whole or in part to operational matters (“Operating Professionals”) and the members of Vista Consulting Group (including OneVista) (“VCG”), a wholly-owned subsidiary of Vista. Vista Consulting Group (including One Vista) (“VCG”) is an affiliate of Vista and VCG personnel are not employees or partners of Vista and are compensated separately for their services by portfolio companies or the funds managed by Vista. Portfolio companies as represented are a reflection of Vista’s private equity portfolio at the time of filming and not necessarily representative of Vista’s current or future private equity portfolio. Branding of Vista’s private equity portfolio companies, including logos or other brand expressions, is a representation of such companies branding at the time of filming and is not necessarily indicative of current or future branding.
The case studies presented on this Site contain the opinions of past and present Vista portfolio company executives and are intended to be viewed by potential portfolio company executives. Vista makes no representation or warranty as to the accuracy or completeness of the information presented here. It should not be assumed that the portfolio companies discussed in these case studies were profitable or that future portfolio companies or experiences will be comparable. Past performance is not necessarily indicative, or a guarantee, of future results. VCT personnel are not employees or partners of Vista and are compensated separately for their services by portfolio companies or the funds managed by Vista. Under no circumstances should these case studies be construed as an offer to sell, or a solicitation to buy, any security or as opinions regarding the provision of investment advisory services by Vista. Viewers should familiarize themselves with the full Terms of Use and other disclosures regarding the Vista website, which fully apply to these case studies.
Risks You Assume
While we make reasonable efforts to provide accurate information, we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate. You agree that we are not responsible for any action that you take or decision you make in reliance on any information contained in the Site.
Links to Other Websites
This Agreement applies only to the Site and not to other websites that may be accessible from the Site and Vista shall not be responsible for the content of any third-party website accessible from the Site. Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with Vista. If you access any third-party website through the Site or otherwise, you do so at your own risk and we encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.
Ownership
The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks”) found on the Site and any and all information and content available through the Site, such as for example graphics, logos, articles and other materials (collectively, “Content”) are proprietary to Vista or its licensors and are protected by intellectual property rights and unfair competition and other laws. The Marks may be registered or unregistered trademarks of Vista or others. You may not use any Mark or Content without the express prior written permission of the owner (whether Vista or otherwise), and nothing contained in the Terms of Use or anywhere on the Site shall be construed as granting any license, permission or right to use any Mark or Content. Any unauthorized or prohibited use of the Marks or Content may subject the offender to civil and criminal liability under applicable law.
Disclaimer of Warranties
The Site is provided “as is” and “as available” and, to the maximum extent permitted under law, provided without warranties, claims or representations made by Vista, either express, implied or statutory, with respect to the Site, including warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. Vista further does not represent or warrant that the Site will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free. You acknowledge that the entire risk arising out of the use or performance of the site remains with you to the maximum extent permitted under law.
Limitation of Liability
Vista does not assume any liability or responsibility for the Site or the Content. Vista is not liable to you or anyone else for any claim of any nature whatsoever based on (1) the Site or the Content, including any decision made or action taken based on the Content or any feature of the Site or (2) your breach of any provision of the Terms of Use.
Under no circumstances will Vista be liable for any damages or losses (including direct, indirect, incidental, consequential, special, punitive or exemplary damages, lost revenues, lost profits, loss of business, loss of data or any other damages or losses) arising out of or in connection with the Terms of Use or your use of any service or Content, regardless of the theory of liability, whether tort (including negligence of any kind), contract or any other legal or equitable theory, even if advised of the possibility of the damages or if the damages could have been foreseen.
Indemnity
You agree that you will be solely responsible for, and that you will defend, indemnify and hold Vista, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your use of the Site or your violation of the Terms of Use. Vista reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Vista for all liabilities, losses or damages. You agree to provide Vista with whatever cooperation it reasonably requests.
Password Protected Investor Website
If you have received a password to access information provided to investors in the Company’s website (the “Investor Website”), you acknowledge and agree that Vista has granted you limited access to specific information pertaining to the Company, and that the Terms of Use apply to the Investor Website in addition to any other terms of use, confidentiality agreements and disclaimers on the Investor Website. You agree not to attempt to access information other than that to which you are entitled as an investor. You agree that you are responsible for all activities that occur in connection with or arising out of the provided 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 Investor Website. You agree to notify Vista immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.
The information contained in the password protected Investor Website is confidential and subject to the confidentiality provisions contained in the governing agreements of the entities to which you are a party. The information contained in the Investor Website may not be disseminated to any third party without the express written consent of Vista.
The Investor Website may contain material non-public information regarding the Company or portfolio companies. It is a violation of United States securities laws for a person to trade securities of an issuer while in possession of material non-public information regarding such issuer or to communicate such material non-public information to any other person.
If you have not received a password to access the Investor Website, you agree not to attempt to access computer files in the Investor Website.
Privacy
Your privacy is very important to us at Vista. To better protect your rights we have provided the Vista Privacy Statement to explain our privacy practices in detail.
International Use
Vista makes no representation that the use of the Site outside of the United States is appropriate or lawful. Accessing this Site from countries or territories where such access is illegal is prohibited. If you access this Site from outside of the United States, you do so at your own risk and agree to comply with all local rules and regulations regarding internet usage. Vista’s databases are located in the United States and if you provide us with any data, you consent to the transfer and storage of such data within the United States.
Termination
Vista may terminate your access to this Site at any time, for any reason and without notice.
Miscellaneous
Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of the Terms of Use shall nonetheless remain in full force and effect. The failure of Vista at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. The Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law rules. Any legal proceeding arising out of or relating to the Terms of Use against or relating to Vista or any indemnified party under the Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in the State of Delaware and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in the Terms of Use and any agreements included or referred to in the Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
Headings and captions throughout the Terms of Use are for convenience only and should not be considered part of the Terms of Use. The word “including” means “including without limitation.”
If you have any questions or concerns about the Terms of Use or any issues raised in the Terms of Use or on the Site, please contact Vista at +1 (415) 765-6500.