Terms Of Use

TERMS OF USE & PRIVACY POLICY

Terms of Use

Last Modified: August 2017

Thank you for visiting the website of Tailwind Management LP and its affiliates (collectively, “Tailwind”, “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.Tailwind.com (the “Website”), owned and operated by Tailwind, including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.

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 and our Privacy Policy (included below), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, 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, 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.

3. 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 Tailwind’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 Tailwind 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 Tailwind.  Any such offer or solicitation will be made only pursuant to a confidential offering memorandum, subscription agreement and other applicable offering documents relating to such vehicles which will qualify in their entirety any information on the Website, and will be subject to the terms and conditions contained in such documents.  Past performance is not a guarantee of future results, and you should not assume that any results for portfolio investments of Tailwind funds will be achieved for other investments.  To the extent the Website contains forward-looking statements with respect to Tailwind’s portfolio investments, you should be aware that future results may differ significantly from those anticipated by such forward looking statements.

Tailwind’s provision of information to you through the Website, including information regarding Tailwind’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.

Case studies of representative investments provided in the “Portfolio” section of the Website have been selected to illustrate Tailwind’s collaboration with management teams and its ability to add value in the management and operations of its portfolio investments and are not intended as a complete list of all investments historically made or currently held by Tailwind’s funds.

Tailwind’s operating executives assist Tailwind 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 Tailwind with respect to potential and existing investments. Operating executives are consultants (and not employees of Tailwind) and related fees, other compensation or expenses may be charged to Tailwind’s funds or portfolio companies.

4. Accessing the Website and Account Security
Accessing certain areas or features of the Website may require you to register or may otherwise ask for your information. You may choose not to provide such information, but your ability to access certain areas or features of the Website may be limited. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

When and if you use the Website, it shall be your sole responsibility to maintain the confidentiality of your e-mail address, password and any other account identifiers related to any personal account you created on the Website (the “Account”), and for restricting access to your computer(s). You also agree to accept sole responsibility for any and all activity that occurs under your Account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any Account, user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, with or without notice, for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

5. 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 Tailwind.

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.

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

7. 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.


8. 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.

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

10. 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, Tailwind 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. Tailwind 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.

11. 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 TAILWIND NOR ANY PERSON ASSOCIATED WITH TAILWIND MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TAILWIND NOR ANYONE ASSOCIATED WITH TAILWIND 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.

TAILWIND 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.

12. 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.

13. Indemnification
You agree to defend, indemnify and hold harmless Tailwind (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.

14. 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 York and County of New York, 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.

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

485 Lexington Avenue, New York, NY 10017
(212) 271-3800

info@tailwind.com

 

 

Privacy Policy

Last Modified: August 2017

Welcome to the website of Tailwind Management LP (collectively, “Tailwind”, “we” or “us”).  Your privacy is important to us.  To better protect your privacy, we are providing information explaining how we collect, use and secure your information.


1. The Information We Collect & How We Use It
Our website may collect various types of information from visitors, which may include, but is not limited to, 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).  The information-gathering technology referred to as “cookies” is not used in connection with this website site.

We may collect more information including personally identifiable information such as names, home addresses and email addresses from our existing investors who have registered on our Limited Partner portal supported by Intralinks. Please refer to the “Intralinks Privacy Policy” that governs how Intralinks gathers, uses, and protects information, the link to which can be found on the portal log-in page.

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.
We have implemented measures to secure your information from accidental loss and from unauthorized access, use, alteration and disclosure. We use technical, administrative and physical methods to maintain the integrity and security of our databases, including firewalls.

3. Privacy Policy Updates
Our privacy policy may change from time to time without notice. If we decide to materially change our privacy policy, 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 policy.  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 policy under which the information was collected.

4. Contact Us
We welcome your questions, comments, and concerns about our privacy policy and our Website. You can reach us at:

485 Lexington Avenue, New York, NY 10017
(212) 271-3800

info@tailwind.com

 

Thank you for visiting Tailwind.com!

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