Terms

Terms of Use and Disclaimers 

Thank you for visiting the website of ACW Drainage. (together with its affiliates, “ACW”, “we” or “us”).  By accessing or using this website (the “Site”), you hereby accept and agree to comply with these Terms of Use, as well as our Website Privacy Notice and acknowledge your understanding of the same.  These legal notices may be updated by us at any time.  Your continued use of the Site after any such modifications shall constitute your acceptance of these Terms of Use, as modified.  If you have any questions about these Terms of Use, please contact us at info@acwdrainage.co.uk 

Uses of Our Site and Content 

ACW grants you a personal, limited, revocable, non-exclusive, nontransferable right to use the Site, which includes any images, text, illustrations, designs, icons, photographs, graphics, video clips, downloads, systems and methods, interfaces, information, data, tools, products, services and other content (collectively, the “Content”), solely for your personal and noncommercial use only. 

All Content on our Site is the intellectual property of ACW or other parties, and is protected by copyright and other intellectual property law.  We may modify the Content, or any portion thereof, with or without notice.  You may not (1) make any commercial use of the Site or the Content; (2) make more than minimal copies of the Site or Content, including, by way of example and without limitation, using bots, robots or spiders that “harvest” the Site; (3) interfere with the functioning of the Site or restrict or inhibit others from using the Site; or (4) modify or alter the Content, post or “frame” it on or in another website, or remove or obscure copyright or other notices or legends therefrom.  All trademarks, service marks, logos and other indicia of source displayed on the Site (“Trademarks”) are the property of their respective owners, who may or may not be affiliated with our organization.  You may not use any such Trademarks without prior written consent. 

Any unauthorized use of the Site or the Content may also violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. 

You agree that when using this Site, you will not violate or facilitate any violation of any applicable local, state, federal or international law, rule or regulation, including, without limitation, regulations or rules of any securities exchange.  Fraudulent conduct may be reported to law enforcement, and ACW will cooperate to ensure that violators are prosecuted to the fullest extent of the law. ACW does not grant, by implication, estoppel or otherwise, any license or right to use material on this site other than those set forth above, and you shall not make any other use of such material without ACW written permission. 

ACW has the right, but not the obligation, to monitor use of the Site, and may at any time suspend, revoke, or terminate your right to use it.  We may report any activity relating to this Site to regulators, law enforcement officials, or other persons or entities that we deem appropriate.  ACW may investigate any complaint or reported violation of these Terms of Use and take any action that it deems appropriate.  Such action may include, but is not limited to, issuing warnings, suspension or termination of service and denying access and/or removal of materials from the Site. 

ACW reserves the right to remove anything that violates these Terms of Use or is otherwise objectionable and to report to appropriate law enforcement officials, regulators or other third parties any activity that it suspects violates any law or regulation.  In order to cooperate with governmental requests, to protect ACW systems or to ensure the integrity and operation of ACW business, ACW may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, Internet Protocol addressing and traffic information, usage history and posted content. 

Notice of Copyright Infringement 

The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law.  If you believe in good faith that items, information or other materials appearing on the Site infringes your copyright, please send us a notice containing the following information: 

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works. 
• Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material. 

• Contact information for the notifying party, including name, address, telephone number, and email address. 
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Please submit this notice to ACW at CHANGE EMAIL 

No Offer or Advice 

You acknowledge that the Content (1) is provided for general, informational purposes only; (2) does not constitute an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments or other services; and (3) may not be used or relied upon in connection with any offer or sale of any such securities, financial instruments, investments or other services.  An offer or solicitation will be made only through a final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity, and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor. Dated Content speaks only as of the date indicated.  While we make reasonable efforts to provide accurate information, we undertake no obligation to update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate, whether as a result of new information, future developments or otherwise.  While we believe that the information on the Site is reliable, we do not warrant its completeness, timeliness or accuracy. 

ACW is not utilizing the Site to provide investment or other advice or strategies, and nothing on the Site is to be deemed a recommendation that you buy, sell or hold any security or other investment, or that you pursue any investment style or strategy.  The investments and strategies discussed hereon may not be suitable for all investors, and are not obligations of or guaranteed by ACW.  Nothing contained on the Site constitutes investment, accounting, tax or legal advice.  If you would like such advice, you should consult with your own advisors with respect to your individual circumstances and needs.  Decisions based on use of the Site are the sole responsibility of the user, and you agree that ACW is not liable for any action you take or decision you make in reliance thereon. 

ESG Disclosure 

Certain of the environmental, social, and governance (“ESG”) initiatives, standards, or metrics described herein will not apply to each asset in which ACW invests or have not necessarily have applied to each of ACW prior investments.  ESG is only one of many considerations that ACW takes into account when making investment decisions when ACW believes that can enhance long-term value, and other considerations can be expected in certain circumstances to outweigh ESG considerations. In connection with making an investment, ACW will consider some but not all ESG criteria or standards and will consider different ESG criteria in connection with different investments. The funds do not pursue an ESG-based investment strategy or limit its investments to those that meet specific ESG criteria or standards. Applying ESG investing goals to investment decisions is qualitative and subjective by nature, and there is no guarantee that the criteria utilized by ACW, or any judgment exercised by ACW will reflect the beliefs or values of any particular investor.  The information provided herein is intended solely to provide an indication of the ESG initiatives and standards that ACW applies when seeking to evaluate and/or improve the sustainability characteristics of an investment as part of the larger goal of maximizing financial returns on investments. Any reference herein to ESG initiatives, standards or considerations is not intended to qualify our duty to maximize risk-adjusted returns for our investors. Accordingly, certain investments may exhibit characteristics that are inconsistent the initiatives, standards, or metrics described herein. In evaluating a company, ACW is dependent upon information and data obtained through voluntary or third-party reporting that may be incomplete, inaccurate or unavailable, which could cause ACW to incorrectly assess a company’s ESG practices and/or related risks and opportunities. ESG-related practices differ by region, industry and issue and are evolving accordingly and a company’s ESG-related practices or ACW assessment of such practices may change over time. While ACW has considered ESG factors for its investments throughout its history, the specific ESG Policy and statements made described herein applies to investments made after CHANGE DATE by ACW and future funds. 

Past Performance 

Any performance data or comments expressed on this Site or in the Content are an indication of past performance.  Investments described or referred to on the Site are included solely as examples of ACW investments and are for illustrative purposes only.  There can be no assurance that such investments are or will be profitable (or that any ACW investments will have similar properties to any such investments made at other firms).  Such investments are not representative of all ACW investments and are not to be considered a complete list of all investments made by ACW.  PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS, and no representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. All data shown on this Site is shown as of CHANGE DATE, unless otherwise indicated. 

Forward-Looking Statements 

The Site contains forward-looking statements, which reflect our current views with respect to, among other things, the operations and performance of our businesses.  You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words.  Forward-looking statements are subject to various risks and uncertainties, speak only as of the date on which they are made and are subject to change.  Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements.  Forward-looking statements are not guarantees of the underlying expected actions or future performance and future results may differ significantly from those anticipated by the forward-looking statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.   

Third Party Content 

ACW does not review or monitor any websites linked from or to the Site and is not responsible for the content of any such websites and any Content on the Site that is produced by users, publishers, and other third parties not controlled by ACW.  You acknowledge that such content is the sole responsibility of the third-party person or organization that created it and we assume no responsibility for any third-party content or information.  Although ACW reserves the right to review all Content that appears on the Site and to remove any Content at our discretion, we do not necessarily review all or any of it.  Access and use of third-party content made available through the Site, including news articles, is solely at your own risk and ACW makes no warranties, express, statutory, or implied, with respect to such third-party content or information.  Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by ACW with respect to any such linked websites or the content, products or services contained or accessible through such websites or their operators.  This Terms of Use does not govern your use of any site or service other than the Site.  You should review applicable terms and policies of any linked third-party content, information or websites.  ACW DISCLAIMS RESPONSIBILITY FOR THE PRIVACY POLICIES AND CUSTOMER INFORMATION PRACTICES OF THIRD-PARTY INTERNET WEBSITES HYPERLINKED FROM THE SITE.  To the maximum extent permitted by applicable law, we will not be liable for any content submitted, posted, linked to, shared or otherwise made available via the Site, including, but not limited to, any inaccuracies, errors or omissions in any content, any intellectual property infringement with relation to the linked content, or any loss or damage of any kind incurred as a result of the use of any content linked in or otherwise made available via the Site.  If you link other websites to the Site, you may not imply or suggest that ACW has endorsed or is affiliated with such websites, and you may not display the Site as “framed” within another website. ACW reserves the right to terminate any link or linking program at any time.  Similarly, links or copies of third-party articles regarding ACW, its affiliates or its portfolio companies have generally been prepared without the input of ACW and are provided for convenience purposes only.  By inclusion on the Site, ACW does not represent or warrant the accuracy of such information or take responsibility for its content. 

International Use 

This Site is operated and controlled by ACW in the United States, and the Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States.  We make no claims, representations or warranties that the Content or the Site, or that the transactions, products or services discussed on or accessible through the Site, are available or appropriate for sale or use outside the United States.  Access to the Site from countries or territories where such access is illegal is prohibited.  Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations. 

Disclaimers 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, ACCESS TO THE SITE, AND ALL RELATED CONTENT, SERVICES AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE OR THAT ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.  ACW DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.  ACW DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ELECTRONIC COMMUNICATIONS SENT FROM THE SITE ARE FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR RELIANCE UPON ANY OF THE MATERIALS ON THE SITE IS AT YOUR SOLE RISK. 

Limitations of Liability 

WE ARE NOT RESPONSIBLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, THAT RESULT FROM YOUR USE OF (OR INABILITY TO USE) THIS SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE, OR OTHER COMPUTER MALFUNCTION. 

Indemnity 

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless ACW, its members, licensors, officers, directors, employees, agents, trustees, subsidiaries, parent companies and affiliates (the “Indemnitees”) from and against all third party complaints, charges, claims, losses, expenses, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) due to, arising out of, or relating in any way to: (1) your access to or use of the Site and (2) your breach of this Terms of Use, in each case unless caused by such Indemnitee’s misrepresentation, gross negligence, willful misconduct or fraud. 

Governing Law 

You agree that your use of the Site, the Privacy Notice, and these Terms of Use and any disputes relating to any of them shall be governed in all respects by the laws of the Commonwealth of Massachusetts.  Any dispute relating to the above shall be resolved solely in the state or federal courts located in Boston, Massachusetts. 

Arbitration 

By using the Services, you agree that ACW, at its sole discretion, may require you to submit any disputes arising from the use of the Services, related services or this Terms of Use concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration (the “Rules”) of the American Arbitration Association, by one or more arbitrators appointed in accordance with the Rules. Notwithstanding the Rules, however, such proceeding shall be governed by the laws of the Massachusetts and will take place in Boston, Massachusetts. 

Termination 

These Terms of Use are effective unless and until terminated by either you or ACW.  You may terminate the Terms of Use at any time, provided that you discontinue any further use of the Site.  We also may terminate the Terms of Use, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to the Site.  The following provisions survive the expiration or termination of the Terms of Use: Uses of Our Site and Content; No Offer or Advice; Past Performance; Forward-Looking Statements; Third Party Content; Disclaimers; Limitations of Liability; Indemnity; Governing Law; and Miscellaneous. 

Miscellaneous 

If a portion of these Terms of Use is determined to be unlawful, void or unenforceable, it will not affect the enforceability of the remaining provisions and the remaining provisions will continue in effect.   If any unlawful and/or unenforceable provision would be lawful or unenforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.  Headings used in this Terms of Use are for reference purposes only and in no way define or limit the scope of the section. 

Last updated: 20/01/2023