Terms Of Use

Terms of Use

Terms of Use

These Terms of Use (“Terms”) describe the rules for using this website with a home-page at audaxgroup.com (“Website”) including all related and subsidiary webpages and access to any optimized version of this Website via a wireless device. These Terms constitute a legally binding agreement between you, the person using this website, and Audax Group. Terms such as “Audax,” “we,” “our,” and “us” refer to Audax Group.

By using this Website, you agree to be bound by these Terms. We may update these Terms at any time, and such updated versions will be posted on the Website. It is your responsibility to review these Terms from time to time. By continuing to use this Website, you consent to any updated version of these Terms posted on the Website.

Content is for General Information

This Website is intended to provide general information to management teams about Audax Private Equity and Audax Private Debt and their respective services and portfolios. All information, content, and opinions (collectively, “Content”) on this Website is for general information only and does not constitute financial or investment advice. Use of this Website does not create any client relationship between you and Audax or make you eligible for any Audax services.

Nothing in this Website should be construed as an offer to sell or a solicitation of an offer to buy any interest in any investment vehicle managed by Audax Management Company, LLC, Audax Management Company (NY), LLC, or any of their respective partners, members, employees, officers, directors, agents, representatives, and affiliates. Offerings of securities in entities advised by Audax are made only by Prospectus, Private Placement Memorandum, Offering Memorandum, or Offering Circular distributed by persons authorized by Audax and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.

While Audax uses reasonable efforts to obtain information from sources believed to be reliable, Audax makes no representation that any Content on this Website obtained outside of Audax is accurate, reliable, or complete. There may be delays, omissions, or inaccuracies in information obtained through your use of this Website. In addition, we may change, add, or remove some or all of the Content on this Website at any time and reserve the right to discontinue or suspend any portion of this Website at any time for any reason. You are solely responsible for evaluating the risks and merits regarding use of this Website and should obtain relevant and specific professional advice before making any investment decision.

The Content on this Website is provided to you with the understanding that Audax’ provision of this Content to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career, or other advice or services. Information on this Website should not be relied upon for making business, investment, or other decisions or used as a substitute for consultation with professional advisors.

Non-public Investor Sections of Website

These Terms do not amend or supersede any existing agreements you have with Audax. If you are an Audax client or investor, you may have been granted access to certain non-public portions of this Website through a uniquely assigned investor log-in (“Investor Sections.”) In addition to these Terms, your use of the Investor Sections are governed by your client agreements with Audax, any applicable user agreements and all applicable laws and regulations. If you have been granted access to the Investor Sections by Audax, you must maintain confidentiality of your log-in information and you remain responsible for all usage of the Investor Sections of this Website through your account 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.

*Forward Looking Statements. *

Certain statements contained on this Website constitute “forward-looking statements” that can be identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “estimate,” “intend,” “continue,” or “believe” or comparable terminology. Due to various risks and uncertainties, actual events or results may differ materially from those reflected in such forward-looking statements. Audax undertakes no obligation to update publicly or revise any forward-looking statements, whether as a result of new information, future developments, or otherwise.

*Past Performance is Not a Guarantee.

*

The Content on this Website may include certain prior indications of past investment performance. In considering such prior performance information, you should bear in mind that past performance is not necessarily indicative of future results. Any transactions described on this Website as having been engaged in by Audax are included as representative transactions for illustrative purposes only and may not be representative of all transactions engaged in by Audax. 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.

*Analyses and Opinions. *

Any market analyses and statements of opinions provided on this Website are inherently uncertain and are based on a number of assumptions. You should carefully review information regarding any such analyses and underlying assumptions.

*International Use *

This Website is operated and controlled by us in the United States. Despite the global nature of the Internet, Audax makes no claims that the Content on this Website is appropriate or may be viewed or used outside the United States. Access to this Website from countries or territories where such access is illegal is prohibited. Audax makes no representations that the transactions, products or services discussed on or accessible through this Website are available or appropriate for sale or use in all jurisdictions or by all users. Those who access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.

*Not Investment Advice *

Nothing contained herein constitutes investment advice with respect to any security, or making any claim as to the past, current, or future performance thereof, and Audax expressly disclaims the use of this Website for such purposes. All investments are subject to substantial risks.

Certain Terms used on this Website

Capital Raised reflects investor equity commitments, investments from Audax personnel, and existing and anticipated leverage on certain Private Debt vehicles. Anticipated leverage levels may not be achieved.

Audax Employee Commitments of $2B+ (since inception) and 880M (PE Fund VI) reflect Audax employee co-investments and capital commitments in general partner entities. This amount is subject to change.

The U.S. Middle Market is defined, for purposes hereof, as companies with $10 million to $1 billion in revenue. Audax invests only in a sub-set of this group of companies. Country specific GDP data is from the International Monetary Fund World Economic Outlook Database. U.S. Middle Market size is estimated as one third of U.S. GDP.

Realized Investment Revenue Growth reflects aggregate revenue growth following acquisition of all realized Audax Private Equity buyout investments. Excludes Audax Private Equity Fund I venture transactions (2000-2002), which are no longer a part of the Audax strategy.

Average Portfolio Add-Ons Per Year reflect the average add-ons over the prior three-year period.

The 2018 HEC-DowJones Private Equity Performance Ranking is a ranking of private equity firms as of February 14, 2019, ranked in terms of aggregate performance based on all buyout funds raised between 2005 and 2014. The ranking draws on a data on private equity fund performance provided by Preqin and directly from private equity firms and applies a proprietary methodology to calculate the aggregate performance of a private equity firm based on different performance measures for all the funds managed by the applicable firm. The ranking aggregates performance across vintage years and considers relative and absolute returns. The ranking analyzed performance data from 502 PE firms and the 898 funds they raised between 2005 and 2014 with an aggregate equity volume of $1.293bn. See the full report on the WC website at: https://www.hec.edu/en/news-room/2018-hec-dowjones-private-equity-performance-ranking. The HEC-DowJones ranking should not be considered an endorsement of Audax Private Equity or its funds by the authors or distributors of the ranking. There can be no assurance that the HEC-DowJones ranking as of any date after February 14, 2019, will produce similar rankings as indicated herein or that Audax’ ranking will be the same in future periods. The methodologies utilized by HEC-DowJones ranking are proprietary and therefore, Audax is unable to determine whether other managers and funds included in the survey have investment programs similar to that of the Audax funds. If HEC-DowJones were to use different methodologies or include a different data set, the results could be materially different. There may be other rankings or statistics where Audax and the funds it advises would rank higher or lower than as described in the HEC-DowJones ranking. As a result, prospective investors should not place undue reliance on the HEC-DowJones ranking and the ranking should not be used as a basis for an investment decision regarding an investment in any Audax advised fund.

License

Subject to these Terms, Audax grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the Content on this Website for the sole purpose of learning information. You may also print a reasonable number of copies of the Content for your personal use, but in such case you must reproduce all proprietary copyright and trademark notices. All rights, title and interest in and to this Website, including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with Audax and our respective licensors as may be the case, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on this Website or granting you these licenses. This Website may include trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties.

Restrictions

You agree (i) not to use this website or Content in any way not explicitly permitted by these Terms; (ii) not to copy, modify or create derivative works involving the Content, except you may print a reasonable number of copies for your personal use; (iii) not to take any action intended to interfere with the operation of this Website; (iv) not to access or attempt to access any portion of this website to which you have not been explicitly granted access; (v) not to share any password assigned to you with any third parties or use any password granted to a third party; (vi) not to directly or indirectly authorize anyone else to take actions prohibited in this section; (vii) to comply with all applicable laws and regulations while using this website or the Content.

*Feedback submissions by Website users
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If you choose to submit any comments or feedback to us, all such messages (collectively, “Feedback”) will be considered non-personal, non-confidential and nonproprietary. You hereby grant Audax a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback, in whole or in part, and including all intellectual property rights therein.

Any Feedback you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit.

Links

While visiting this Website you may click on a link to other websites and leave this website. We provide links to other websites that may contain information that may be useful or interesting to you. We do not endorse, and are not responsible for, the content and accuracy of linked websites operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms of use and privacy policies on such third-party websites.

Termination

Audax may terminate the licenses granted hereunder or suspend or terminate your access to this Website, in whole or in part, at any time, immediately and without notice for any reason in Audax’s sole discretion, including without limitation if you fail to comply with any of these Terms. Upon termination, you must destroy all materials obtained from this Website and all copies thereof. In the event of suspension or termination, you are no longer authorized to access this Website, and the restrictions imposed on you with respect to the Content and the disclaimers and limitations of liabilities set forth in these Terms shall survive.

NO WARRANTIES

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. AUDAX, AND ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS WEBSITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS WEBSITE (COLLECTIVELY, “WEBSITE-RELATED-PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THIS WEBSITE-RELATED-PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, THE WEBSITE-RELATED-PARTIES SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION IS ACCURATE OR COMPLETE. THE WEBSITE-RELATED-PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

LIMITATION OF LIABILITY

YOU AGREE THAT NONE OF THE WEBSITE-RELATED-PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $1.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THIS WEBSITE OR CONTENT ARE EXCLUDED EVEN IF THE WEBSITE-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

*General Terms
*

The laws of the State of Massachusetts govern these Terms and any cause of action arising under or relating to your use of this Website, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with Audax, or in any way relating to your use of this Website, is in the state and federal courts located in Boston, Massachusetts, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Audax or its employees, officers, directors, agents and providers.
Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You agree that you will pursue any claim arising under or related to these Terms of use and this Website only in your individual capacity, and not as part of any class action or collective action. You agree that you must pursue any claim you may have arising under or relating to this Website and associated content within twelve (12) months of the first discovery of such claim and any claim not brought within such period is waived and forfeited.

If any provision of these Terms are determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may not transfer or assign any rights or obligations under this Agreement. Audax may transfer or assign its rights and obligations under this Agreement.

Contact Us

To contact us regarding these Terms or this Website, contact us at: Audax Group, 101 Huntington Avenue, Boston, MA 02199.