PRIVACY POLICY

Effective September 2023

CCMP Growth Advisors, LP (the “Company”, “we”, “us” or “our”) considers privacy to be fundamental to its relationship with you. This Privacy Policy describes how we may collect, use, share and otherwise process personal information we collect through our website at ccmpgrowth.com (the “Site”), as well as information that we may collect via other means, as described below (“you” or “your”).

If you are an investor in a fund or the holder of an account managed directly or indirectly by us (or, in either case, their representative), please refer to the Investor Privacy Policy (as available in our investor portal or otherwise provided to you) for further information about how the Company collects and processes personal information about its current, prospective and former individual investors.

I. Personal information we collect

“Personal information” is any kind of information that allows us to identify you, directly or indirectly, such as your name, contact details, or address. We may collect and process the following personal information about you:

  • Identifiers, such as your name, address, email address and telephone numbers;
  • Professional or employment information, such as your job title and place of work;
  • Internet or other electronic network activity information, such as your internet protocol (IP) address, login data, unique device identifiers, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, mobile device carrier and other technology on the devices you use to access the Site; as well as usage information, such as information about how you use the Site and our products and services, referring/exit web pages, date/time stamps, error logs, and the frequency of your use of the Site; and
  • Marketing and communications information, such as your preferences in receiving marketing communications from us.

We also collect, use and share aggregated information such as statistical or demographic data for any purpose. This information could be derived from your personal information but will not directly or indirectly reveal your identity. For example, we may aggregate your usage information to calculate the percentage of users accessing a specific Site feature. However, if we combine or connect information with your personal information so that it can directly or indirectly identify you, we treat the combined information as personal information which will be used in accordance with this Privacy Policy.

II. How we collect your personal information

We collect personal information from you via the following:

1. Personal information you provide to us

  • Forms you complete (or which are completed by your authorized representatives on your behalf) on the Site or otherwise; and
  • Your correspondence and interactions with us, including by letter, email and telephone.

2. Personal information collected from third parties

We may collect personal information about you from third parties, such as business partners, vendors, or from publicly available information. The conditions under which we may obtain such information are governed by the third party source.

3. Information collected automatically

We may automatically collect certain information about the devices you use to access the Site, as well as information on how you interact with the Site, through cookies, web server logs, and other similar tracking technologies.

Cookies and other data collection technologies

Cookies and other data collection technologies

We may collect information about your use of the Site through cookies, web server logs, and other similar tracking technologies.

“Cookies” are a feature of web browser software that allows web servers to recognize the computer used to access a website. They are small text files that are stored by a user’s web browser on the user’s hard drive. Cookies can remember what information a user accesses on one website to simplify subsequent interactions with that site by the same user or to use the information to streamline the user’s transactions on related websites. A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies last longer and are used to recognize your computer when you return to the Site. Cookies are designed to make your online experience easier and more personalized. They can only be read by the server that placed them, and are unable to execute any code or virus.

Web server logs are files that store the activity on a certain website.

Information gathered through cookies and web server logs may include information such as the date and time of visits to the Site, the pages viewed, and time spent at the Site. We use cookies and web server logs to manage your login session, help you move between websites in a smooth and secure manner, and to gather information about the browsing activities of users of the Site in order to continually improve it and better serve the needs of its users.

You can change your browser settings to notify you of the cookies being set or updated, and to block cookies. Please note that if you have turned off all cookies, some features of the Site may not be available to you or otherwise function as intended.

We also may include tracking pixels and web beacons in email messages, newsletters, and other electronic communication. They help us to determine whether a message has been opened and to analyze and personalize our interactions with you. Instructions on how to unsubscribe are included in each email.

We currently only use “Analytics” cookies on the Site, which may include third party analytics providers such as Google Analytics.

These cookies collect anonymous statistics on visitors to the Site, how they accessed it, how much time they spend there, and which pages they visited. This information helps us understand how visitors use our services, and to customize the Site and our services for you. The functionality of the Site is not impacted by the rejection of such cookies.

Cookie management

Most web browsers automatically accept cookies. You can, however, change your browser to prevent this or to notify you each time a cookie is set. To learn more about how to manage cookies on different types of browsers, you can visit the website www.allaboutcookies.org.

In addition to electing the option to reject or disable cookies provided on the Site, you can also prevent Google Analytics from using your information by downloading and installing the Google Analytics Opt-out Browser Add-on (https://tools.google.com/dlpage/gaoptout).

“Do Not Track” Browser Settings We do not currently use technology that recognizes “do not track” signals from your web browser.

III. How we use your personal information

We will only use your personal information when the law allows us to. Any of the information we collect from you may be used in one of the following ways:

  • Where the processing is necessary for us to enter into or to perform a contract with you, or to take steps at your request prior to entering into a contract – for example, to provide information you have requested or to respond to your questions;
  • Where necessary for the purposes of the Company’s legitimate interests, including to operate and facilitate our business and services, communicate with you, undertake business management, planning, statistical analysis, market research and marketing activities, administer and maintain the Company’s core records, protect the Company’s rights and interests, ensure the security of the Company’s assets, systems and networks, prevent, detect and investigate fraud, unlawful or criminal activities in relation to our services, and enforce our terms and conditions; and
  • Where required by applicable laws and regulations, including laws relating to know-your-client requirements, tax, the prevention of money laundering, fraud, terrorist financing and sanctions;
  • Where the processing is necessary for the establishment, exercise or defense of legal claims.

In some circumstances, we may process your personal information where we have received your consent. For example, depending where you are located, in order to send you marketing materials. Where processing is based on your consent, you have the right to withdraw that consent at any time.

IV. How we protect your personal informationt

We are committed to maintaining the confidentiality, integrity and security of your personal information and take precautions to protect such information. These precautions include the adoption of certain physical, electronic, and procedural safeguards and procedures designed to maintain and secure your personal information from inappropriate disclosure in accordance with applicable laws and regulations.

We restrict access to personal information to those employees and agents of the Company who need to know that information in order to provide the Company’s services. We may disclose such information to our service providers (including financial, technical, marketing and professional service providers and consultants) and financial institutions that provide services to the Company. We require such third party service providers and financial institutions to protect the confidentiality of your personal information and to use the information only for purposes for which it is disclosed to them.

V. When we disclose your personal information

We do not disclose any personal information to anyone other than our affiliates, service providers and relevant counterparties without your consent, or as required by applicable law or regulation. This means that we may disclose your personal information to other third parties, including:

  • Any governmental agency, regulatory authority or self-regulatory organization having jurisdiction over the Company or its affiliates, if (i) the Company determines that such disclosure is necessary or advisable pursuant to or in connection with any U.S. federal, state or local, or non-U.S., law, rule, regulation, executive order or policy, including without limitation any anti-money laundering law and the USA PATRIOT Act and (ii) such disclosure is not otherwise prohibited by law, rule, regulation, executive order or policy;
  • Persons acting in a fiduciary or representative capacity on behalf of an investor, such as an IRA custodian or Trustee of a grantor trust; and
  • Certain other persons to the extent authorized by you.

On all occasions when it is necessary for us to share your personal information with other parties, we will require that such information only be used for the limited purpose for which it is shared and will advise such third parties not to further share your information with others except to fulfill that limited purpose.

We do not disclose personal information except as may be required or permitted by law, rule or regulation. We may disclose for a business purpose, and have disclosed in the preceding twelve (12) months, personal information, including contact information, employment information, identification information, background information and financial information to third parties, as listed above.

We do not sell personal information obtained about you to any third parties, and have not done so in the twelve (12) months preceding the effective date of this policy. We may aggregate survey responses for publication. However, this will not include any non-public personal information or any information identifiable to a particular Site user.

VI. How we transfer your personal information

Your personal information may be collected in, transferred to, stored or otherwise processed in a country other than the one in which it was collected, including the United States. Such country may not or may not be deemed to provide the same level of protection for personal information as your jurisdiction.

When we transfer personal information internationally, and to the extent required by applicable data protection laws, we rely on appropriate or suitable safeguards, including:

  • Where the relevant country or recipient has been deemed to provide an adequate level of protection for your personal information by relevant authorities;
  • Using standard contractual clauses approved by relevant authorities as ensuring adequate safeguards;
  • Obtaining your consent to transfer personal information after first informing you about the possible risks of such a transfer;
  • Transferring the personal information because it is necessary for the performance of (or to enter into) a contract between you and the Company, or because the transfer is necessary for the performance of a contract between the Company and a third party, and the contract was entered into in your interest; and
  • Transferring the personal information because it is necessary to establish, exercise or defend legal claims.

For more information on the safeguards we have in place, please contact us using the details below.

VII. Retention of your personal information

We will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy, or as long as we are legally required or permitted to do so. Under certain circumstances, you may have the right to have your personal information erased.

When deciding how long to retain your personal information, we take into account our legal and regulatory obligations, the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information described above and whether we can achieve those purposes through other means. We may also retain your personal information to investigate or defend against potential legal claims in accordance with the limitation periods of countries where legal action may be brought.

VIII. Third party links

The Site may contain links to third party websites, products and services. These third party websites and services have separate and independent privacy policies, which we encourage you to read. We have no responsibility or liability for the content and activities of such linked sites. However, we want to protect the integrity of our Site and thus welcome any feedback you may have about third-party sites we link to.

IX. Children’s Privacy

The Site is not directed toward children under the age of 18. We do not promote our products or services online to minors, and we do not intentionally collect any personally identifiable information from any person under 18. If we become aware of having collected personal information from children under the age of 18 without valid consent from their respective parents or guardians, we will delete is as soon as practicable.

X. Changes to your personal information

You are not required to supply any of the personal information that we may request, except where such information is necessary for the performance of (or to enter into) a contract with you or is otherwise required by applicable law. However, failure to do so may result in our being unable to accept your business or provide services to you. We will make every effort to ensure that all information that we hold about you is accurate, complete and up to date. You can help in this regard by promptly notifying us at the address listed below if there are any changes to your personal information.

XI. Changes to this Privacy Policy

We may update this Privacy Policy periodically, without prior notice, so please review it frequently. If we decide to change our Privacy Policy, we will post those changes on the Site so that you are aware of what kinds of personal information we collect, use, share and otherwise process.

XII. Privacy rights

We are committed to providing individuals with reasonable and appropriate access to their personal information. If you believe that we are processing personal information about you and wish to have access to that information, we can provide you with that data or at least an explanation of why we cannot do so in the particular context, such as where the request is manifestly unfounded or excessive. We are happy to correct inaccurate data or delete information that is not appropriate to retain. Please also let us know if you have any questions, concerns, disputes, or issues. Individuals in Andorra, Argentina, Australia, California, Canada, Europe, Faroe Islands, Guernsey, Hong Kong, Israel, Isle of Man, Japan, Jersey, Mexico, New Zealand, Singapore, South Korea, Switzerland, the United Kingdom, Uruguay, and certain other jurisdictions may have certain data subject rights. These rights vary, but they may include the right to: (i) request access to and rectification or erasure of their personal data; (ii) restrict or object to the processing of their personal data; and (iii) obtain a copy of their personal data in a portable format.

Individuals may also have the right to lodge a complaint about the processing of personal data with a data protection authority. We are always open to dialogue to resolve issues short of formal disputes. If your concerns cannot be resolved, we can enter into appropriate third- party neutral dispute resolution. If you need to reach us about a privacy or data protection issue, please contact us using the details below.

If you wish to exercise any of these rights please email GrowthIR@ccmpcapital.com or call us at 1-(866) 456-1168. The rights described herein are not absolute and we reserve all of our rights available to us at law in this regard. Additionally, if we retain your personal data only in de-identified form, we will not attempt to re-identify your data in response to a Data Subject Rights request.

The California Consumer Privacy Act (“CCPA”) prohibits covered businesses from discriminating against you for exercising applicable CCPA rights.

If you make a request related to personal data about you, we will need to verify your identity. To do so, we will request that you match specific pieces of information you have provided us previously, as well as, in some instances, provide a signed declaration under penalty of perjury that you are the individual whose personal information is the subject of the request. If it is necessary to collect additional information from you, we will use the information only for verification purposes and will delete it as soon as practicable after complying with the request. For requests related to particularly sensitive information, we may require additional proof of identification. If you make a request through an authorized agent, we will require written proof that the agent is authorized to act on your behalf. We will process your request within the time provided by applicable law

XIII. Contacting Us

If you have any questions or concerns about this Privacy Policy, please contact us at:

CCMP Growth Advisors, LP
1 Rockefeller Plaza, 16th Floor
New York, New York 10020
Phone: 1-(866) 456-1168
Email: GrowthIR@ccmpcapital.com

 

TERMS OF USE & DISCLAIMERS

Effective September 2023

Thank you for visiting the website (the “Website”) of CCMP Growth Advisors, LP (“CCMP Growth”, “we” or “us”). Please read these Terms of Use & Disclaimers (“Terms of Use”) carefully. By accessing the Website, you accept and agree to be bound by the Terms of Use, including the Privacy Policy set forth herein, and acknowledge your understanding of the same. CCMP Growth may update the Website, including these Terms of Use, at any time, in its sole discretion, without notice to you. Your continued use of this Website after any such modification shall constitute your acceptance of the Terms of Use. If you do not agree with these Terms of Use, please do not access the Website. These Terms of Use do not amend or supersede any previous written agreements you may have with us (“Other Agreements”). In the event of any inconsistency between these Terms of Use and any Other Agreements, the Other Agreements will govern. If you have any questions or comments about these Terms of Use, please contact us at CCMP Growth, GrowthIR@ccmpcapital.com or 212-600-9600.

PRIVACY POLICY

Please click here for our privacy policy for information as to what extent we collect information about visitors to the Website and how we use such information.

NOT A SOLICITATION FOR INVESTORS; NO ADVICE

This Website is for general informational purposes and is intended to provide information regarding CCMP Growth’s capabilities for prospective portfolio companies and management teams. You acknowledge and agree that this Website is not intended to constitute an offer to buy or sell, or a solicitation of any offer to buy or sell, any securities or investment product or other services, including those managed or offered by CCMP Growth and should not be relied upon for such purpose. An offer or solicitation for any security or investment product managed or offered by CCMP Growth will be made only through a final private placement memorandum, subscription agreement and other applicable offering 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.

Furthermore, the Website does not intend to provide investment, accounting, tax or legal advice. CCMP Growth does not represent that any security or investment product or service referred to on the Website is suitable for any specific investor, nor are they obligations of or guaranteed by CCMP Growth. Nothing in the Website should be deemed a recommendation to you to buy, sell or hold any security or other investment or that you pursue any investment style or strategy and should not be relied on for making business, investment or other decisions. Users are encouraged to consult with their own advisors with respect to their individual circumstances and needs if they would like investment, accounting, tax or legal advice. Decisions based on use of the Website are the sole responsibility of the user, and you agree that CCMP Growth is not liable for any action you take or decision you make in reliance thereon.

CCMP Growth provides investment advice and solicits investment advisory services only in those states and countries where it is registered or where it is exempt from such registration.

Certain information in the Website may contain forward-looking statements, which involve estimates, expectations, forecasts, projections, goals, assumptions and are subject to risks and uncertainties. Forward-looking statements speak only as of the date on which they are made. The words “believe”, “expect”, “anticipate”, “optimistic”, “intend”, “aim”, “will”, “potential”, “continue”, “may”, “should”, “seek”, “approximately”, “predict”, “intend”, “plan”, “outlook”, “estimate” or the negative version of these words or similar expressions are intended to identify forward-looking statements. These forward-looking statements are only estimates, consistent with the information available to CCMP Growth at the time they were made, and incorporate the subjective judgment of individuals at CCMP Growth or third parties. Due to various risks and uncertainties, actual events, results or actual performance may differ materially from those reflected in any forward-looking statements. No person or entity should rely on these forward- looking statements when making any investment decision. CCMP Growth undertakes no obligation to update publicly or revise any forward-looking statements whether as a result of new information, future developments, or otherwise. Important factors that could cause actual results to differ materially from forward-looking statements may be found in periodic reports filed with the U.S. Securities and Exchange Commission (“SEC”) either by CCMP Growth or the relevant company.

IMPORTANT INFORMATION ABOUT CCMP CAPITAL ADVISORS, LP & CCMP GROWTH ADVISORS, LP

CCMP Growth was formed in June 2022 as a successor to CCMP Capital Advisors, LP (“CCMP Capital” or "CCMP") by certain investment professionals of CCMP Capital for new investment opportunities. The Website contains certain information about the investment activities and the investment portfolio of CCMP Capital where CCMP Growth Co-Managing Partners had substantial involvement either as board members and/or deal team members; these investments also align with the overall investment strategy of CCMP Growth. Investments described or referred to on the Website are included solely as examples of CCMP Growth and CCMP Capital investments and are for illustrative purposes only. Such investments are not to be considered a complete list of all investments made by CCMP Growth and CCMP Capital, nor are they representative of future investments. For a complete list of CCMP Capital investments in the funds referenced herein CCMP II, CCMP III and CCMP III CV, please click here. Any performance data or comments expressed on the Website are an indication of past performance only. Past performance is not indicative of future results. No representation is being made that any investment will or is likely to achieve profits or losses or other results similar to those achieved in the past, or that significant losses will be avoided.

ACCURACY AND RELIABILITY OF WEBSITE CONTENT

While CCMP Growth believes that the information on the Website is reliable, we do not warrant its completeness, timeliness or accuracy. There may be delays, omissions or inaccuracies in the information obtained through your use of this site. All opinions, estimates and forecasts on the Website are based on information available to us as of the date any such opinions, estimates or forecasts are posted on the Website, may be based on certain assumptions and are subject to change. Each user accesses, uses, and relies upon such content at such user's own risk. Please seek the advice of professionals as necessary regarding the evaluation of any content on the Website.

WE MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY OR, IF NO DATE IS STATED, THE DATE OF FIRST POSTING. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE INFORMATION, WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY INFORMATION ON THE WEBSITE EVEN IF IT BECOMES INACCURATE OR OUTDATED, WHETHER AS A RESULT OF NEW INFORMATION, FUTURE DEVELOPMENTS, OR OTHERWISE. WHILE WE BELIEVE THAT THE INFORMATION ON THE WEBSITE IS RELIABLE, WE DO NOT WARRANT ITS COMPLETENESS, TIMELINESS OR ACCURACY. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL WEBSITE TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU.

NON-PUBLIC INVESTOR SECTIONS OF THE WEBSITE

If you are a limited partner investor of or an employee or agent of a limited partner investor of CCMP Growth, you may have been granted access to certain non-public portions of the Website, operated by Intralinks, through a uniquely assigned investor log-in (“Investor Sections”). In addition to these Terms of Use, your use of the Investor Sections may also be governed by applicable Other Agreements, including client agreements with us, any applicable user agreements and all applicable laws and regulations. If you have been granted access to the Investor Sections by CCMP Growth, you must maintain confidentiality of your log-in information and you remain responsible for all usage of the Investor Sections of the Website through your account, whether such use is made by you or anyone else. You must immediately notify us of any known or suspected unauthorized use of your login information or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your log-in information.

INTERNATIONAL USE

The content provided on the Website is, unless otherwise specified, directed at residents of the United States, and not intended for distribution to, or use by, any person or entity in any jurisdiction, country or territory where such distribution or use would be contrary to law or regulation or which would subject CCMP Growth or any of its affiliates to any registration or other requirement within such jurisdiction, country or territory. CCMP Growth makes no representations or warranties that the Website is appropriate or available for use in countries or territories outside of the United States. Access to the Website from countries or territories where such access is illegal is prohibited. Visitors who choose to access the Website from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access. Users may not use or export the information or materials on the Website, or accessible through the Website, in violation of U.S. laws and regulations.

CERTAIN UNITED KINGDOM RESTRICTIONS

The content of the Website is only directed at persons in the United Kingdom who are “Investment Professionals” (being persons having professional experience in matters relating to investments) within the meaning of Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 or who are persons to whom any of paragraphs (2)(a) to (d) of Article 49 (high net worth companies, unincorporated associations etc.) of that Order apply. CCMP Growth will engage in investment activity or controlled activity only with such persons. Persons in the United Kingdom that do not have professional experience should not rely or act upon the content of the Website unless they are persons in the United Kingdom to whom any of paragraphs (2)(a) to (d) of Article 49 apply.

LEGAL ENTITY DISCLOSURE

CCMP Growth is the marketing name for CCMP Growth Advisors, LP and its subsidiaries and affiliates worldwide.

COPYRIGHT AND TRADEMARK NOTICES

The works of authorship contained in the Website, including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by CCMP Growth or one of its subsidiaries or other affiliates. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the owner's prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of the owner's proprietary rights.

“CCMP”, “CCMP Growth”, and the CCMP Growth logo are trademarks of CCMP Growth. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners in the United States and/or other countries. You acknowledge and agree that you may not use any name, logo, trademark, or service mark contained on the Website without the express prior written approval of CCMP Growth or the relevant owner of the name, logo, trademark or service mark.

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 Website 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
  • 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
  • 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
  • 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
  • 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

Please submit this notice to CCMP Growth at GrowthIR@ccmpcapital.com.

PROHIBITED USES

CCMP Growth grants you a personal, limited, revocable, non-exclusive, nontransferable right to use the Website, 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 Website is the intellectual property of CCMP Growth 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.

CCMP Growth does not grant, by implication, estoppel or otherwise, any license or right to use any content on the Website except as expressly provided in these Terms of Use, and you shall not make any other use of such content without CCMP Growth’s written permission. Materials and information posted on the Website may be printed for your use so long as you do not make more than minimal copies of the Website or Content. This permission does not include, by way of example and without limitation, using bots, robots, or spiders that “harvest” the Website. You may not (1) alter or modify the contents of the Website in your copies; (2) 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; (3) make any commercial use of the Website or the Content; (4) remove any copyright, trademark or other notice as may be contained in information, as downloaded, provided, however, that third party exchange data, if any, may not be downloaded, printed or redistributed for any purposes whatsoever; or (5) interfere with the functioning of the Website or restrict or inhibit others from using the Website. Any unauthorized use of the Website 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 Website, 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 CCMP Growth will cooperate to ensure that violators are prosecuted to the fullest extent of the law. You may not transmit any virus, worm, time bomb or similar system interference or corruptant through the Website, or use the Website to send any materials or communications that are unlawful or defamatory, indecent, harassing or otherwise objectionable in our sole discretion. CCMP Growth 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 CCMP Growth’s written permission.

CCMP Growth has the right, but not the obligation, to monitor use of the Website, and may at any time suspend, revoke, or terminate your right to use it. We may report any activity relating to this Website to regulators, law enforcement officials, or other persons or entities that we deem appropriate. CCMP Growth 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 Website.

You are strictly prohibited from unauthorized use of our systems or the Website, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to the Website.

CCMP Growth 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 CCMP Growth’s systems or to ensure the integrity and operation of CCMP Growth’s business, CCMP Growth 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.

LINKS TO OTHER SITES AND THIRD-PARTY CONTENT

CCMP Growth does not review or monitor any websites linked from or to this Website and is not responsible for the content of any such sites that are produced by users, publishers, or other third parties not controlled by CCMP Growth. Accordingly, CCMP Growth is not responsible for the information, materials, products or services obtained on or from such other websites, nor will CCMP Growth be liable in any respect for any damages arising from your access to such websites. Links to unaffiliated websites are provided solely as pointers to information on topics that may be useful to users of the Website, and we have no control over the content on such websites. If you choose to access a website we do not control, we make no warranties, either express or implied, concerning your use of or inability to use such site, the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. We do not guarantee the authenticity of documents on the Internet. Links to unaffiliated sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites and we expressly disclaim any such endorsement or representation. In addition, these third party websites may have a privacy policy or security practices different from the Website so it is important to read the policies of those sites before sharing your personal information. If you link other websites to the Website, you may not imply or suggest that CCMP Growth has endorsed or is affiliated with such websites, and you may not display the Website as “framed” within another website. CCMP Growth reserves the right to terminate any link or linking program at any time. Similarly, links or copies of third party articles regarding CCMP Growth, its affiliates or its portfolio companies have generally been prepared without the input of CCMP Growth and are provided for convenience purposes only. By inclusion on the Website, CCMP Growth does not represent or warrant the accuracy of such information or take responsibility for its content.

POTENTIAL DISRUPTION OF SERVICE

You shall be responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed to access and use the Website. Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:

  • hardware failure, including among other things, failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
  • software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
  • overload of system capacities;
  • damage caused by severe weather, earthquakes, wars, insurrection, riots, terrorism, civil commotion, acts of God, accidents, fire, water damage, explosions, mechanical breakdowns or natural disasters;
  • interruption (whether partial or total) of power supplies or other utility of service;
  • strike or other stoppage (whether partial or total) of labor;
  • governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
  • any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond our

CCMP Growth accepts no liability for the unavailability of the Website at any time for any reason.

LIMITATION OF LIABILITY; INDEMNITY

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE, OUR AFFILIATES, AND ANY THIRD PARTY DATA PROVIDERS:

  • ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE (AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY AND REPRESENTATION);
  • DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE;
  • DO NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED;
  • DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION; AND
  • WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, HARMFUL COMPONENTS, LINE FAMILY, COMPUTER MALFUNCTION OR OTHER DEFECT IN THE WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR

NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

As consideration for access to the Website, you agree to indemnify and hold harmless CCMP Growth and its affiliates and their employees, agents and representatives from any and all liabilities, damages, losses, claims, expenses (including attorneys’ fees or other fees) and causes of action, including actions by third parties against you or any of them, resulting from any decisions that you make based on the Website or its content, your use of the Website, or your violation of our website policies, including these Terms of Use.

TERMINATION

You agree that CCMP Growth may terminate your access to the Website for any reason, without prior notice.

GOVERNING LAW, INTERPRETATION AND ENFORCEABILITY

If any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall be subject to any Other Agreements you have entered into with us. The section headings used herein are for convenience only and shall not be given any legal import. The failure of CCMP Growth to enforce the strict performance of any provision of these Terms of Use shall not be a waiver of its right to subsequently enforce such provision or any other provisions of these Terms of Use.

Your access to and use of the Website, and the terms of this disclaimer are governed by the laws of the State of New York and applicable U.S. federal laws.

In addition, any action against CCMP Growth arising from or relating to your access to and use of the Website, and the Terms of Use, must be brought by you in state or federal court located in the State of New York, County of New York. You also consent to the jurisdiction and venue of the state and federal courts located within the State of New York, County of New York, for the adjudication of all claims by CCMP Growth against you arising from or relating to your access to and use of the Website, and the Terms of Use.

If any portion of these Terms of Use is deemed unlawful, invalid, void or unenforceable, such term or condition shall be severable and shall not affect the validity or enforceability of the remaining terms and conditions. Headings used in this Terms of Use are for reference purposes only and in no way define or limit the scope of the section. Any failure of CCMP Growth to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision of these Terms of Use. If you have any questions about these Terms of Use, please contact us at GrowthIR@ccmpcapital.com.

ARBITRATION

By using the Website, you agree that CCMP Growth, at its sole discretion, may require you to submit any disputes arising from the use of the Website, related services or this Agreement 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 New York and will take place in New York, New York.

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