1 INTRODUCTION
1.1 The Paladin (hereafter Paladin) is a forum for use by investors familiar with the private equity industry. The forum is owned and operated by Paladin Advisory Group Ltd.
1.2 This agreement describes the terms and conditions for the use of Paladin Membership of and access to Paladin’s website confirms that you have read and accept these terms of use, and that you agree to be bound by them.
1.3 We reserve the right to modify and amend these terms of use from time to time, for any reason, and without prior notice; use of the website as a member indicates your acceptance of any changes. You are responsible for regularly reviewing these terms of use.
1.4 We reserve the right to suspend or terminate, at our discretion, a member's account with for violations of our rules, guidelines, or terms of use.
2 MEMBERSHIP CONDITIONS
2.1 Our website and membership requires an invitation or approval by an existing (founding) member of Paladin. Members must invite only respected persons within their own real-world, professional communities and not individuals who on the balance of probabilities might bring discredit to or harm the reputation of Paladin.
2.2 By having a membership account in Paladin, you acknowledge that you meet our requirements for membership. As a member, you may not have more than one membership account, nor may you open an alternative account if your membership is suspended, shifted outside of Paladin, or terminated for any reason. You may not sell, trade, or transfer a membership account to another person, nor accept or use an account that was not originally yours. If an account with PALADIN violates these conditions in the sole opinion of Paladin the account will be terminated immediately.
2.3 Your participation in Paladin is based upon the assumption that all information you provide regarding yourself is truthful and accurate. Misleading or false information knowingly supplied by you is sufficient reason for us to terminate your account.
2.4 We reserve the right to change or adjust membership criteria and to make changes in the existing membership at any time and without prior notice.
3 CONDITIONS OF USE AND SERVICE
3.1 Your use of Paladin is in accordance with these terms of use, and Paladin may deny service or membership without prior notice if you fail to comply with them.
3.2 Paladin is made available for personal and individual use only. Businesses and other legal entities may not use Paladin for any purpose without our express written consent.
3.3 We provide a platform and environment for networking and sharing information. If members enter into agreements with other members through PALADIN, we are not a contracting party to these agreements and cannot be held liable or accountable regarding obligations and rights under these agreements.
3.4 We reserve the right to remove any content posted by you or other members at our sole discretion, for reasons including but not limited to that it is unlawful, threatening, libelous, defamatory, fraudulent, obscene or otherwise objectionable, or because it may infringe or violate any party's intellectual property or privacy.
3.5 While we do our best to monitor the content of the website, you understand and agree that you may encounter material with which you disagree or find objectionable, and that you use the website with this understanding and acceptance, and do not hold PALADIN liable.
3.6 We do not endorse, support, or ensure the accuracy, truthfulness, or reliability of any content posted in the website's forum or elsewhere, nor does PALADIN endorse opinions expressed in the website's forum or elsewhere in the website.
3.7 PALADIN reserves the right to make changes to the website or our service without prior notice, and to charge for the services or for particular features, and to modify any fees or services without prior notice.
3.8 By posting or submitting content or information on the website, you automatically grant PALADIN a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right to display such content on our website.
4 YOUR MEMBERSHIP RESPONSIBILITIES
4.1 We wish to have a friendly, intimate and secure community for our members. This is a private website where members have the expectation of privacy and confidentiality. We are a community of global diversity, with members from nearly every culture and country. Expectations and behaviour will be equally diverse, so to help provide a comfortable environment for all members, we have rules. Your use of PALADIN confirms that you understand and accept these rules, and will follow them.
4.2 Please do not use the PALADIN name or logo for any purpose, event or promotion without our express consent.
4.3 Trust and confidence are paramount within PALADIN. Falsely misrepresenting your identity, including the use of a pseudonym or alias, or your profile information will result in your member account being suspended or terminated.
4.4 You may not monitor, data-mine, or copy our web pages or any content within the site, nor collect, archive, trade or sell any personal data or communications about other members.
4.5 The use of any robot, spider, site search or retrieval application, or any other device to copy, retrieve, archive or index any portion of PALADIN, is not permitted.
4.6 You may not distribute, display or publish in any form, electronic or print, any content from the website or the names of any members without our express consent, nor can you share, transmit or sell any content on the website with anyone who is not a member of PALADIN, for whatever reason.
4.7 We want to keep PALADIN free from intrusions. You will not send or distribute unsolicited or unauthorized advertising, promotional materials, junk mail, chain letters, spam, pyramid schemes, or any other type of solicitation to other members, nor will you stalk, harass or unreasonably disturb any other member.
4.8 You alone are responsible for the confidentiality and security of your account's username, password and usage. You are also accountable for all activities regarding your account, with or without your knowledge or permission. If you knowingly provide your log-in information to another person, your membership may be suspended temporarily or terminated. PALADIN assumes no liability for activities of your account accessed through your password and username.
4.9 You may not use PALADIN for any illegal purpose in any country or jurisdiction.
4.10 You cannot post content or initiate any communications that we consider libelous, scandalous, abusive, obscene, discriminatory, unlawful, or otherwise objectionable.
4.11 It is not permitted to make available any content or initiate communication that infringes upon the patents, trademarks, trade secrets, copyrights or other proprietary rights of third parties, whether personal, corporate or governmental and in the event that you knowingly or recklessly make available such content or initiate such communication, PALADIN will disclaim any resulting liability.
5 DATA and INFORMATION PROTECTION
5.1 PALADIN is based upon trust and privacy. All personal information provided to PALADIN is treated with the utmost confidence and care.
5.2 While we make every effort to keep PALADIN a trusted and safe environment, PALADIN cannot be held liable should content you have posted on the website that is viewable by members be copied or distributed elsewhere.
5.3 PALADIN may access, preserve, and disclose the contents of your account if required to do so by law, or in the belief that such actions are reasonably necessary to comply with legal requirements or to protect the rights and property of PALADIN.
6 TERMINATION OF YOUR ACCOUNT
6.1 You may terminate your account at any time without cause, penalty or explanation. Doing so will remove all profile information about you from view or access on the website. It will also remove from view all public feeds or posts you have created, postings you have made on threads, or personal messages that you have sent.
6.2 PALADIN may, at our discretion and with or without cause, immediately terminate your member account and all access to the website without prior notice. Any account termination by us may take into account the business interests of PALADIN and the interests of the community as a whole.
6.3 Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and other provisions of these terms and conditions continue after termination of your membership. We will not be liable to you or any third-party for the termination of your member account. If your account is terminated, you may not re-enter PALADIN without our express permission.
7 DISCLAIMERS AND LIMITATIONS
7.1 Disclaimer of Warranties: PALADIN, licensors, partners, suppliers, consultants and agents ("PALADIN") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability, or availability of information or materials displayed on any of our websites. PALADIN disclaims any and all responsibility and liability for the conduct of any member. The service of PALADIN, and all materials, information (including, without limitation, any information or materials obtained or accessed through the PALADIN website), products and services included therein are provided "as is," with no warranties whatsoever. PALADIN expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. You agree that your use of PALADIN is entirely at your own risk. You agree to hold harmless and indemnify PALADIN from and against any third-party claim arising from or in any way related to your use of our services and website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
7.2 Limitation of Liability: Under no circumstances will PALADIN be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your use of PALADIN, whether or not PALADIN has been advised of the possibility of such damages. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the PALADIN service, from inability to use PALADIN, or from the interruption, suspension, or termination of the PALADIN website (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
7.3 Miscellaneous Provisions: These terms and conditions will be governed by and construed in accordance with the laws of Switzerland , without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in Switzerland. If for any reason a court of competent jurisdiction finds any provision or portion of these terms and conditions to be unenforceable, the remainder of the terms and conditions will continue in full force and effect. You shall not assign these terms and conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Without limiting the foregoing, under no circumstances shall PALADIN be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. These terms of use constitute the entire agreement between you and PALADIN with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the terms and conditions by a party will be effective only if in writing and signed by a party.
7.4 Copyright and Trademarks: PALADIN Advisory Group Ltd.. and its affiliates and licensors own and retain all rights in the PALADIN website and service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. "www.the-paladin.com" is a trademark of PALADIN Advisory Group Ltd.. All content on PALADIN is copyright and the property of PALADIN Advisory Group Ltd.
7.5 Any information or material whether posted by you, the members of PALADIN (each, a "Member") directly onto this forum, or provided by you to PALADIN consequently to PALADIN Advisory Group Ltd. or to any of its affiliates or any of its or their respective officers, directors, agents and employees to be posted on your behalf, concerning any person or entity, any financial entity or its manager or any party related thereto, has been prepared and issued by you, the author, and is solely your responsibility. It has not been prepared, or approved, by PALADIN Advisory Group Ltd. The posting (whether directly or indirectly) of any such information or material by PALADIN Advisory Group Ltd. should not be construed by any Member as an endorsement, or a recommendation, by Paladin. of any person or entity, or of any fund or its manager or any related party, mentioned in any section of PALADIN, or of any information provided by any Member, or as advice given by Paladin. about the merits of investing in any financial instrument, or the legal, regulatory, tax or financial consequences of an investment in any financial instrument, or as an offer, or a solicitation, to acquire or to dispose of any interest in any financial instrument or investment, mentioned in any section of the PALADIN forum. You should not construe silence by Paladin. as an approval, or an endorsement, of any statements made by any Member. Paladin. does not conduct any due diligence on such information and has not taken any steps to verify its or their adequacy, accuracy or completeness. Paladin. does not make any warranty, express or implied, as to such information, the suitability of the financial instrument or investment to which it or they may relate as an investment of any kind whatsoever, and does not assume any responsibility for, and shall not be liable for, any losses, damages, costs or expenses, of any kind or description, including any losses, damages, costs or expenses relating to the adequacy, accuracy or completeness of, any such information or the use of such information by any Member. Nothing in the foregoing shall be construed as excluding or restricting any duty or liability to you, the Members, on the part of Paladin. arising under the law.