Terms of Use

Legal / Terms of Use

These Terms of Use apply to the website of Odyssey Investment Partners (“Odyssey,” “we” or “us”), located at odysseyinvestment.com (the “Website”). By accessing or using the Website, you acknowledge that you have read and accepted these Terms of Use, which incorporate our Privacy Policy, in their entirety and agree to abide by them. If you do not accept these Terms of Use, do not use the Website. Odyssey may change these Terms of Use at any time. If we make any material changes to the Terms of Use, we will post them on the Website.

For Limited Partners

The foregoing Terms of Use do not apply to any Limited Partner’s use of the Limited Partner Portal, which is accessible through a link on the Website. A service provider powers and hosts the Limited Partner Portal, and use of the Portal is governed by that service provider’s terms of use and privacy policy.

No Offer of Securities or Advice

Nothing on the Website is an offer or solicitation to buy or sell any security or constitutes a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment strategy. Nothing on the Website is intended to be investment, accounting, tax or legal advice. Forward-looking statements on the Website are not guarantees of the underlying expected actions or future performance, and future results may significantly differ from those anticipated by any such statements. Although the Website may include historical investment-related information or Odyssey’s past performance, that information is not indicative of future results, and there is no assurance that future performance will be comparable to past performance.

Ownership and Permitted Use

All content included on the Website, such as documents, photographs, graphics and other materials, is the intellectual property of Odyssey or other parties, who may be affiliated with Odyssey. We own rights in the trademark “Odyssey Investment Partners” and associated trademarks and logos. Other trademarks are the property of their respective owners. You are licensed to access the Website and to use its contents solely for your own personal use and benefit and not for resale, redistribution or other transfer or disposition to, or use by or for the benefit of, any other person or entity. Except as provided above, you may not otherwise use any of the Website’s content without permission from us or other owners of such content. Without limiting the foregoing, you may not use, transfer, distribute or dispose of any information contained on the Website in any manner that could compete with the business of Odyssey or its portfolio companies.

Disclaimer of Warranties

YOU ACKNOWLEDGE THAT WE PROVIDE THE WEBSITE AND ITS CONTENTS ON AN “AS IS” BASIS WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THAT THE WEBSITE WILL BE ACCESSIBLE, ERROR FREE, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, OR THAT THE CONTENTS WILL BE NON-INFRINGING. YOUR USE OF THE WEBSITE AND YOUR USE OF OR RELIANCE UPON ANY OF ITS CONTENTS IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

TO THE EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES, AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, VOLUNTEERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND AGENTS, WILL NOT BE LIABLE TO YOU, OR OTHERS, FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING ATTORNEYS’ FEES) RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SITES OR THE MATERIALS.

Indemnification

You agree to indemnify, defend and hold harmless Odyssey and its affiliates, and their officers, directors, members, partners, volunteers, employees, representatives, licensors and agents, from and against all losses, injuries, claims, liabilities or damages, including attorneys’ fees, that result from or relate to your use of the Sites and any violation of these Terms of Use and our Privacy Policy. Site Security

We do not guarantee that the Website will be secure. You should be aware that there is always risk involved in transmitting information over the internet. Additionally, there also is some risk our security systems, or the security systems of third parties with whom we work, could be circumvented or breached. Your use of the Website is at your own risk.

Links to Third Party Websites

The Website contains links to websites of our portfolio companies and those of other third parties. These Terms of Use, including the Privacy Policy, apply only to the Website and do not apply to any other website, including, as described above, the Limited Partner Portal, that may link to or may be linked from it. We do not control, and we are not responsible for, your usage and the privacy policies or practices or security of any other websites. We encourage you to read those websites’ terms of use and privacy policies.

Governing Law and Arbitration

These Terms of Use shall be governed in all respects by the laws of the State of New York, without regard to any conflict of laws principles.

Any dispute arising out of these Terms of Use, including the Privacy Policy, or your use of the Website shall be resolved exclusively by arbitration before the American Arbitration Association pursuant to its Commercial Arbitration Rules. The seat of any arbitration will be New York, New York. You agree that you must bring any such arbitration by no later than one (1) year after the occurrence of the event giving rise to the claim, regardless of any statute or law to the contrary. You expressly agree that any arbitration that you initiate will be conducted as an individual arbitration, and that no arbitration shall be brought by you or resolved on a class, mass or representative basis. The costs of the arbitration will be shared equally between you and us. Other than the costs of the arbitration, the arbitrator shall award the prevailing party its legal fees and costs.

Contact Us

If you have questions or concerns regarding the Website or these Terms of Use, please contact us at the following email address: ir@odysseyinvestment.com.