IMPORTANT LEGAL INFORMATION
Information contained on this website as well as the products, services, tools and material contained or described herein (the "Website") is only appropriate for viewing by sophisticated financial markets participants, which have an in-depth knowledge of financial markets, in particular of the private equity market.
By accessing this Website, you confirm that:
you are doing so at your own initiative and that any subsequent investment by you in a product or service related to Capvis may not be covered by the laws and regulations governing the sales of securities and provision of financial services in your jurisdiction;
you are permitted under the laws applicable to you and any organisation which you represent to access this Website.
In the event that you are unable to provide the confirmations above, you are forbidden from accessing the Website and Capvis disclaims all liability arising to you as a result of your prohibited access of the Website.
Notice to Swiss residents: The collective investment schemes described on this Website have not been approved by the Swiss Financial Market Supervisory Authority ("FINMA") for offering to non-qualified investors pursuant to Article 120 of the Federal Act of 23 June 2006 on Collective Investment Schemes, as amended ("CISA"). Any offering of, or advertising for, such collective investment schemes in Switzerland is only permitted vis-à-vis qualified investors as defined in CISA in conjunction with the Swiss Federal Act on Financial Services ("Qualified Investors"). Accordingly, the content of this Website is addressed exclusively to Qualified Investors. Investors in the collective investment schemes do not benefit from the specific investor protection provided by CISA and the supervision by the FINMA in connection with the approval for offering.
Notice to US Persons and residents in the United Kingdom and Channel Islands: The products and services described on this Website are not available nor are they offered to (or for the benefit of) US persons and will furthermore not be publicly offered to persons residing in the United Kingdom, the Channel Islands or any other country restricting the offering of such products and services. Capvis Equity V (comprising Capvis Equity V LP and Capvis Great Rock LP) and Capvis Equity IV (comprising Capvis Equity IV LP and Petit Port Co-Investment Holdings LP) are regulated by the Jersey Financial Services Commission ("JFSC") as collective investment funds pursuant to the Collective Investment Funds (Jersey) Law 1998 and as expert funds pursuant to the Expert Fund Guide published by the JFSC. Capvis General Partner IV Limited and Capvis General Partner V Limited are regulated by the JFSC pursuant to the Financial Services (Jersey) Law 1998 for the provision of Fund Services Business in Jersey. Furthermore, Capvis Equity II L.P. and Capvis Equity III L.P. are COBO-only funds for Jersey regulatory purposes.
This Website is operated by Capvis AG, Grabenstrasse 17, 6340 Baar, Switzerland, a limited liability company supervised by FINMA as manager of collective assets. Capvis AG is the exclusive adviser to Capvis Equity II LP, Capvis Equity III LP, Capvis III Limmat LP, Capvis Equity IV LP, Capvis Equity V LP and Capvis Great Rock LP (the "Capvis Funds"; together with Capvis AG "Capvis"). Capvis assumes responsibility for the website (as defined hereinafter) in so far as compliance with Swiss laws and regulations is concerned.
Capvis, its officers, employees, affiliates and partners monitor and update the information on this Website. Despite reasonable care, data may subsequently have changed or be based on incorrect information from third parties. Capvis or any of its officers, employees, affiliates or partners do not make any representations (expressed or implied), or offer any guarantees, as to the accuracy, timeliness, reliability, completeness, fairness or availability of the information, the data and the opinions contained on this Website (or that this Website will not illegally be modified by third parties). This Website can be changed at any time without prior announcement or obligation to notify any persons of such changes.
Any liability (including for negligence of any kind) of Capvis, its officers, employees, affiliates and its partners for direct, indirect, special, incidental or consequential damages (including damages for losses on investments or lost profits or for any claim or demand by any third party, even if Capvis or any of its officers, employees, affiliates or partners knew or had reason to know of the possibility of such damages claim or demand arising under any theory of law in tort, contract, strict liability) from, or in connection with, the access (or the inability of access) to or use of the Website is excluded (and is hereby expressly disclaimed by Capvis) to the fullest extent permitted under applicable law and regulations. Similarly, Capvis, its officers, employees, affiliates and its partners shall not be held liable for factors beyond their control and for any loss or damage sustained to your technical environment, including your computers, software, network equipment (modems, routers, telephones, etc.) and any equipment used to access or use the service and/or information.
No offer or advice
Any information on this Website is supplied purely for information purposes. Nothing on this Website shall constitute an offer to buy or sell any products or services, including but not limited to any securities, financial instruments, investment fund shares or other investments or an investment, legal, tax or accounting advice. In particular, this Website is not and does not contain an offer to invest in funds and / or companies advised by Capvis AG (collectively the "Funds"). Any offer, solicitation or invitation to invest in a Fund will be made solely pursuant to the final offering memoranda relating to that Fund (as amended, restated and/or supplemented from time to time)
Risk related to financial products/suitability
An investment in the financial instruments described on this Website involves risks. These risks may include or relate to, among others, equity market, bond market, foreign exchange, interest rate, credit, market volatility, insurance and political risks and any combination of these and other risks. Risk factors may occur simultaneously and/or may compound each other resulting in an unpredictable effect on the value of the funds. Some of these risk factors are discussed in the offering memoranda relating to these investment instruments. Prospective investors should be experienced with respect to sophisticated private equity investments. Investors should understand the risks associated with an investment in the Funds and should only reach an investment decision after careful consideration with their legal, tax, accounting, financial and other advisers of (i) the suitability of an investment in the light of their own particular financial, fiscal and other circumstances and (ii) the information set out in the offering memorandum relating to the respective Fund.
Investors should recognize that the interests in private equity fund investments may rise and decline in value. Investors should only contemplate investing in private equity (and other similar illiquid and high risk assets) if they are prepared and have the ability to sustain a total loss of their investment. The historical performance of an investment instrument is no guarantee of its current and future performance.
This Website may contain statements that constitute forward-looking statements. Although Capvis believes the expectations reflected in such statements to be reasonable, by their very nature, forward-looking statements involve inherent risks and uncertainties, both general and specific, and risks exist that predictions, forecasts, projections and other outcomes described or implied in forward-looking statements will not be achieved. The statements contained herein speak only as of the date that they were posted to the Website. Actual results may differ materially from any forward-looking statements due to a number of factors, including future and/or unforeseen changes or developments in the business, competitive environment and political, economic, legal and social conditions in investment jurisdictions. Given these uncertainties, persons accessing the Website are cautioned not to rely on such forward-looking statements, and should rely entirely on their own independent enquiries, investigations and advice regarding any information contained on the Website.
Capvis, and its affiliates, may from time to time, to the extent permitted by applicable law and/or regulation, deal in, profit from the trading of, hold or act as market-makers or act as investment advisers or investment managers in relation to the Funds or other investment instruments described on this Website (or on instruments relating thereto) or other entities mentioned on this Website or be represented on the board of such funds, firms or entities. Employees of Capvis, and its affiliates or partners, or individuals connected to them may from time to time have a position in or be holding any such investment instruments.
Capvis, its officers, employees, affiliates or partners may, to the extent permitted by applicable law and/or regulation, act upon or use the information or opinions it presents on this Website, or the research or analysis on which such information or opinions are based, before the information is published.
Internet security/use of e-mail
Activating certain links (if any) on this Website may cause you to leave this Website. Such links, addresses or hyperlinks are provided solely for your convenience and information. Capvis has not reviewed any of the websites linked with or connected to this Website, or which provide links to this Website, and does not accept any liability for their contents, the offered products or services or any other offers. Using links from this Website to any website not owned by Capvis is at your own risk.
The information and material on this Website (including all text, documents, information, graphics and images) is owned by or licensed to Capvis or its affiliates (or Capvis or its affiliates are otherwise permitted to use such information) and such information is subject to and protected by various intellectual property rights, including but not limited to copyright, trade secrets, trade marks, service marks, brand names and other proprietary rights whether under contract, statute or any similar provisions in the jurisdictions where Capvis or its affiliates conduct their business ("IP Rights"). All IP Rights are and shall remain the exclusive property of Capvis or its affiliates, their respective third party licensors or third parties to whom it is attributed and in registering and using the Website you shall not obtain any rights, title or other interest in or to any information and material on this Website or the related IP Rights. By accessing this Website, you agree at all times to protect and respect the IP Rights of Capvis, its affiliates and any third parties and to comply with all requests by Capvis, its affiliates or a third party in relation to such IP Rights. You agree to notify Capvis of any claim that the Website infringes the intellectual property rights of a third party. Subject to the above, you are entitled (subject to any applicable restrictions in your jurisdiction) to view the information and material on the Website and to copy and print such information for your personal use but only by using a publicly available standard internet browser. You are not permitted to sell or distribute or otherwise deal with the information on this Website or any deviations of such information without the prior written consent of Capvis.
All references to "euro" or "EUR" refer to the currency of the member states of the European Union that adopt the single currency in accordance with the Treaty establishing the European Economic Community (signed in Rome on 25 March 1957), as amended; to "USD" refer to the currency of the United States of America; to "CHF" refer to the currency of Switzerland.
Changes to these Terms
We may alter these Terms at any time. Any such changes will become binding on you upon your first use of the Website after the changes have been implemented. You are therefore advised to check this Website from time to time. In the event of any conflict between the current version of these Terms and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
Law and Jurisdiction
These Terms shall be governed by and construed in accordance with Swiss law (to the exclusion of Swiss Private International Law and international treaties, in particular the Vienna Convention on the International Sale of Goods dated April 11, 1980). Any disputes concerning these Terms shall be subject to the jurisdiction of the competent courts at the domicile of Capvis in Baar.
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