Terms of Use

We are pleased that you have elected to visit our website.

 

Please read these Terms and Conditions of Use carefully.  These Terms and Conditions, including all documents referenced herein and any ‘important information’ associated with any specific content of this website, represent the entire understanding between Avenue Capital Group, LLC and its affiliates (collectively referred to as “Avenue Capital Group” or “we/us/our”) and you regarding your use of this website and supersedes any prior statements or representations.  This website’s Privacy Policy is incorporated into these Terms and Conditions by reference and is made a part hereof.

 

Access, distribution and/or use of this website is subject to all applicable laws and regulations.  To the extent that access, distribution and/or use of this website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited.  By visiting any area on the Avenue Capital Group website and/or registering for any interactive functionality of the website, you are deemed to have accepted these Terms and Conditions of Use.  If you do not agree to abide by these Terms and Conditions of Use, please do not use this website.  If you have any questions or comments in relation to these Terms and Conditions or our Privacy Policy which together govern our relationship with you in relation to your use of this website, please contact us before using this website. 

 

Contact Us

compliance@avenuecapital.com

Avenue Capital Group

399 Park Avenue, 6th Floor

New York, NY 10022


 

Disclaimer

None of the information or materials contained on or accessible through this website, including any information or materials accessible in any password protected areas, should be construed as providing any type of investment or other advice to you, nor should you consider it as a solicitation, recommendation, endorsement or offer to you to purchase or sell any financial security or other financial instrument.

Use of This Website

This website is operated by, or on behalf of, Avenue Capital Group.  Not all products and services listed on thsi website are available in all regulatory jurisdictions.  To the extent that access, distribution and/or use of this website would be deemed illegal by applicable law in any regulatory jurisdiction then such access, distribution and/or use by you is prohibited.

Use of Materials

All material on this website, including but not limited to images, logos, trademarks, appearances, graphics and any documentation  (collectively referred to as the "Material"), is protected under various intellectual property laws and (except where otherwise stated) owned or controlled by Avenue Capital Group, or used with permission of the owner(s) of such Material.

 

Except as otherwise indicated on this website, copying, reproduction, uploading, downloading, transmitting or any other use of this website or of any of the Material, in whole or part, without the express permission of Avenue Capital Group, is prohibited. You may, however, copy, reproduce, download, transmit and/or print individual pages contained on this website for the purpose of accessing this website under these Terms and Conditions and/or for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on: (i) this website; (ii) any of the Material; or (iii) any such individual pages so copied, reproduced, downloaded, transmitted or printed. Any unauthorized use of this website and/or the Materials may subject the user to criminal prosecution and/or civil liability under applicable law.

Privacy

Please see Avenue Capital Group’s Privacy Policy for information concerning the collection and use of Personal Information from this website.

Links

From time to time, the Avenue Capital Group website may contain links to other websites that are not controlled and/or maintained by Avenue Capital Group. Access to and use of such other websites is at your own risk and subject to any terms and conditions of use which govern such websites. By providing such links, Avenue Capital Group shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites. Avenue Capital Group is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations. Moreover, such other websites may have privacy policies or terms and conditions of use that differ from those of the Avenue Capital Group and/or may provide their users with less security than the Avenue Capital Group website.  Any use of such other address, link and/or hyperlink is undertaken at your own risk and liability.

Copyright Infringement Policy

Avenue Capital Group values intellectual property and respects the intellectual property rights of others, and will remove materials on its website that infringe the copyrights of others. If you believe that your copyrighted material may have been infringed by material contained on this website, then pursuant to Title 17, United States Code, § 512, you may notify Avenue Capital Group's Designated Agent in writing as follows:

Name of Designated Agent: Sonia Gardner

Address: Avenue Capital Group

399 Park Avenue, 6th Floor

New York, NY 10022

Telephone number: 212-878-3500

Electronic Mail Address: copyright@avenuecapital.com  

 

In your notice, you must include the following: (i) a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner; (ii) identification of the copyrighted work(s) that is (are) allegedly being infringed; (iii) identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow us to locate such materials; (iv) contact information ( i.e., name, address, email address) sufficient to enable Avenue Capital Group to contact you; (v) a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

Additional/Different Terms

Certain pages or sections of this website may contain terms and conditions of use which are in addition to or different from these Terms and Conditions of Use. In the event that there is a conflict between such additional or different terms and conditions of use and these Terms and Conditions of Use, the additional or different terms and conditions of use will govern with respect to the specific pages or sections to which they apply.

Limitation of Liability and Use of Disclaimer

Avenue Capital Group is not responsible for any damages or loss related to the use of this website.

THIS WEBSITE, ALL MATERIAL CONTAINED ON THIS WEBSITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. AVENUE CAPITAL GROUP RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. AVENUE CAPITAL GROUP SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.

 

Avenue Capital Group is not responsible for any damages or loss related to your reliance on any outdated version of these Terms and Conditions, including, but not limited, to any outdated version of our Privacy Policy.

 

Certain jurisdictions prohibit the limitation or exclusion of liability and disclaimers for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, (a) Avenue Capital Group's liability is limited to the greatest extent allowable under applicable law and (b) Avenue Capital Group may not exclude nor limit its liability (if any) to you for:  (i) breach of any of your statutory rights; (ii)for personal injury or death resulting from our negligence; (iii) for fraud; (iv) for any statutory or regulatory liability that is imposed by any applicable regulatory or supervisory authority; and/or (v) for any liability which Avenue Capital Group cannot otherwise lawfully exclude or limit, or attempt to exclude or limit.

Accessing, Transmitting and Downloading

Avenue Capital Group is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.

 

Avenue Capital Group does not warrant or represent that the website will meet your requirements, that access will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system. We do not guarantee that this website will be compatible with all or any hardware and software which you may use. 

Your Responsibilities

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all data and/or equipment.

 

By using this website, you agree that you will be responsible for maintaining the confidentiality of your password and account information, and that you will take all reasonable measures to maintain such confidentiality including without limitation restricting access to your computer to avoid disclosure of such. You further acknowledge and agree that you will be responsible for all activity taken under your password and/or account unless the provision of any such unauthorised use is due to our gross negligence.

Indemnity

You agree to indemnify, defend and hold harmless Avenue Capital Group, its parent, subsidiary and affiliated entities, and each of their respective owners, officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys fees) arising from or in connection with: (i) your use of the website and/or (ii) any violation of these Terms and Conditions. You agree that your representations and warranties, and your obligation to indemnify Avenue Capital Group, shall survive beyond any term that these Terms and Conditions are in effect.

Electronic Communications

When you communicate with Avenue Capital Group electronically, via email or otherwise, you consent to receive electronic communications from Avenue Capital Group. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Avenue Capital Group satisfy any legal requirement that such communication be in writing. Avenue Capital Group encourages you to retain your own copies of relevant information, however, upon your request, Avenue Capital Group will provide you with hard copies of your relevant information. To make such a request, please contact websiteprivacy@avenuecapital.com.

Changes in Policy

From time to time, the provisions set forth in these Terms and Conditions of Use may change. We will post changes to the Terms and Conditions of Use on this website. Please review these Terms and Conditions of Use often so that you will remain abreast of our current terms and policies (see date at the top for latest version).

Acquisition of Business

In the event that Avenue Capital Group is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this website, all data collected on this website, and all of Avenue Capital Group’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Avenue Capital Group will post a notice to such effect on this website and/or by any other media or contact method as may be required by applicable laws and regulations.

Governing Law

Use of this website and these Terms and Conditions of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. If any portion of these Terms and Conditions of Use are deemed unenforceable, unlawful or void by a Court of competent jurisdiction, then that portion of the Terms and Conditions of Use will be deemed severable and will not affect the enforceability or validity of the remaining portions of these Terms and Conditions of Use.

 

Any dispute concerning your use of this website shall be submitted to binding arbitration in New York within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to these Terms and Conditions shall be joined to any other arbitration initiated pursuant to these Terms and Conditions.

 

Notwithstanding anything to the contrary set forth in these Terms and Conditions, Avenue Capital Group may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York or in any other court having jurisdiction, in the event that Avenue Capital Group believes that you have violated or threatened to violate any of Avenue Capital Group’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.

 

In the event that any portion of these Terms and Conditions are deemed unenforceable, unlawful or void by a Court of competent jurisdiction, in any jurisdiction for any reason, including but not limited to the scope, duration or area of its applicability, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, court-modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by Avenue Capital Group of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Avenue Capital Group’s failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.

Assignments and Third Party Rights

You are not permitted to assign, sub-contract or otherwise transfer your rights and/or obligations under these Terms and Conditions and related Privacy Policy.  We may freely assign, sub-contract or otherwise transfer our rights and/or obligations under these Terms and Conditions and related Privacy Policy.

These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:


a) Avenue Capital Group and its affiliates shall have the right to enforce any rights or benefits under these terms and conditions;


b) Avenue Capital Group and its affiliates shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;


c) a person who is a permitted successor or assignee of the rights or benefits of these terms and conditions may enforce such rights or benefits and no consent is required for Avenue Capital Group to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).

Avenue Europe Management LLP

Avenue Europe Management LLP is incorporated as a Limited Liability Partnership in England and Wales under the partnership number OC307088. Avenue Europe Management LLP has its registered office at 4th Floor, 25 Knightsbridge, London, SW1X 7RZ. For VAT purposes, Avenue Europe Management LLP is registered with VAT number 849 041421.

Avenue Europe Management LLP is authorised and regulated by the Financial Services Authority whose address is 25 The North Colonnade, Canary Wharf, London, E14 5HS. Further details on Avenue Europe Management LLP are available on the FSA Register. Avenue Europe Management LLP’s FSA firm reference number is 400442.

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