Terms Of Use

THIS AGREEMENT GOVERNS YOUR USE OF THIS SITE AND ALL CONTENT AND SERVICES AVAILABLE VIA THIS SITE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE.

Acceptance of Terms of Use
These Terms of Use ("Agreement") state the terms and conditions under which you may use the website located at www.promontoria.nl and all Content and Services available therein (the "Site"). Please read this Agreement carefully. This Site contains various information in the form of data, text, graphics and other materials relating to Cerberus Global Investments B.V. and its Promontoria subsidiary companies ("CGI") and may contain third party content, (collectively, the "Content"). By accessing, browsing and/or using this Site and any services that may be made available through the Site (the "Services") you acknowledge that you have read, understood and agree to be legally bound by this Agreement. We reserve the right to amend this Agreement at any time and from time to time. If you use the Site after the amended Agreement has been posted, you will be deemed to have agreed to the amended Agreement.

Use Restrictions
You are expressly prohibited from (i) using any robot, spider, other automatic device, or manual process to monitor, "mine" or copy the web pages on the Site, (ii) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site, and (iii) taking any action that imposes an unreasonable or disproportionately large load on CGI's infrastructure.

Intellectual Property Rights in the Site
You acknowledge that the Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of CGI or its licensors. You shall comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.

Trademarks
"Cerberus Capital Management, L.P." ("CCM") and all other trademarks, logos and services marks displayed on the Site are trademarks belonging to CCM, its affiliated entities, or its licensors (collectively the "Trademarks"). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site, without CCM's prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to benefit of CCM, its affiliated entities, or its licensors, as the case may be.

Linking and Framing
CGI prohibits the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by CGI in writing. You may not frame any elements of the Site with any other website. The Site may provide links to third party websites. These Terms of Use govern only the Site and not any such third party websites. CGI's decision to link to a third party website is not an endorsement of the content or services in that linked third party website. If you decide to access linked third party websites, you do so at your own risk. You should direct any concerns regarding any third party websites to the administrator of the applicable third party website.
Copyright Complaints
If you believe the Site contains Content that infringes your copyright, please notify CGI by providing the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.

Advertisements
CGI, in its sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by CGI. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser and CGI is not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site.

Unsolicited Information
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, "Unsolicited Information") to CGI whether or not through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information to CGI. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. CGI, or any of its affiliated entities, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, CGI and its affiliated entities are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to CGI for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information to the Site, you are granting CGI and its affiliated entities a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

No Responsibility for Connectivity
You are responsible for the means you use to access the Site and all costs associated therewith. CGI is not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.

Disclaimer of Warranty
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CGI DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. CGI DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU. CGI DOES NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

No Offers or Reliance
No material available through the Site shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of CGI or its affiliated entities. Offers can only be made where lawful under, and in compliance with, applicable law. CGI is not utilizing the Site to provide investment or other advice, and no information or material available through the Site is to be relied upon for the purpose of making or communicating investment or other decisions. CGI does not advise on the tax consequences of any investment. To the extent that past performance is available through the Site, past performance is not indicative of future results, and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.

Limitation of Liability
UNDER NO CIRCUMSTANCES WILL CGI, OR ANY OF ITS AFFILIATED ENTITIES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "CGI PARTIES"), BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE AND THE INFORMATION OBTAINED THROUGH THE SITE. IN NO EVENT SHALL ANY OF THE CGI PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS OF USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

Indemnification
You shall indemnify and hold harmless the CGI Parties for any and all claims, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Site, or any violation of this Agreement.

Use of Personally Identifiable Information
Your use of the Site, may involve the transmission of your personally identifiable information ("Personal Data") to CGI. CGI's policies with respect to the collection and use of Personal Data can be found in CGI's privacy policy ('Promontoria Privacy Policy'), which is hereby incorporated by reference in its entirety.

Links to Other Websites
The Site may contain links or references to other websites. Please be aware that CGI does not control other websites and that, in any case, the Promontoria Privacy Policy does not apply to those websites. CGI encourages you to read the privacy policy of every website you visit.

Termination
CGI reserves the right, in its sole discretion, to restrict, suspend or terminate these Terms of Use and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. CGI reserves the right to change, suspend or discontinue all or any part of the Site at any time without prior notice or liability.

Security of the Site
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. CGI reserves the right to view, monitor and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. CGI will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.

Electronic Communications and Contracting
The Site may contain additional agreements and disclosures in electronic form. By assenting to these Terms of Use, you agree that a printed version of these Terms of Use and all other agreements entered into by you on the Site in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Miscellaneous
In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. The sections of these Terms of Use entitled Disclaimers and Limitation of Liability, Indemnification and Miscellaneous shall survive the termination of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the Netherlands. These Terms of Use contain the entire agreement between CGI and you concerning the Site and supersedes all existing agreements and all other oral, written or other communication between CGI and you concerning the Site. You shall comply with all laws, rules and regulations that are now or hereinafter promulgated by any government authority or agency that govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you shall comply with such restrictions and not export or re-export any of the Content to countries or persons prohibited under the export control laws of the Netherlands. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable national or international law or regulation. All rights not expressly granted herein are reserved by CGI.

How to Contact CGI
If you have any questions, comments, or concerns about this Agreement and its terms and conditions, please contact CGI as follows:

Cerberus Global Investments B.V.
Oude Utrechtseweg 32
3743 KN Baarn
The Netherlands
info@promontoria.nl