IMPORTANT DISCLOSURES


 

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GENERAL DISCLAIMER

Investment advisory services are provided by Sherborne Investors Management LP (“Sherborne Investors”), an SEC registered investment adviser. Information about those services may be reviewed in the company’s Form ADV. Contact Sherborne Investors for the current form. Registration does not imply a certain level of skill or training.

The information and opinions on this site provided by third parties have been obtained from sources believed to be reliable, but accuracy and completeness cannot be guaranteed. It is provided for informational purposes only and should not be construed as a solicitation to buy or sell, nor should it be relied upon by any person for that purpose. Any offer or solicitation will be made only through a final private offering memorandum and subscription agreement, and will be subject to the terms and conditions contained in such documents. This information is not intended to be used as the primary basis for investment decisions, nor should it be considered as advice designed to meet the specific needs of an individual investor. Sherborne Investors does not provide tax advice. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Linked third-party websites are not under the control of Sherborne Investors; neither Sherborne Investors nor its affiliates are responsible for the contents of any linked website, any link(s) contained in a linked website, or any changes or updates to such websites.

 

SUMMARY OF PRIVACY POLICY

At Sherborne Investors, protecting our clients and investors’ privacy and the security of their personal information is one of our top priorities. We honor our relationship with our clients and investors as a sacred trust and are committed to the responsible management, use and protection of their personal information. The following summary of Sherborne Investors’ Privacy Policy provides information about how we collect, share, and protect personal information. Please read this summary carefully.

Sherborne Investors may collect non-public information about you from the following sources: (1) Information that we receive about you on applications, agreements, or other forms; (2) Information that you give us orally; (3) Information about your transactions with us or others; and (4) Information that you submit to us in written correspondence, including emails and other electronic communications. Information from these sources generally includes, but is not limited to, information on your personal background, investment objectives, risk tolerances, financial situation, investment holdings, financial transactions, and account numbers.

We pledge to maintain the confidentiality of your personal information in our possession, in accordance with the terms disclosed in our Privacy Policy. Sherborne Investors does not sell its current or former customers’ non-public personal information to any third parties and does not disclose any non-public personal information about our current or former customers without their authorization, except that we may disclose information as follows: (1) Sherborne Investors may disclose information to non-affiliated third-parties in connection with our performance of the services we have agreed to provide you, such as to process transactions or to otherwise maintain your account; (2) Sherborne Investors may disclose information if specifically required to do so by judicial or regulatory processes; and (3) Sherborne Investors may disclose any information that we have collected about you to non-affiliated third-parties that perform services for us on our behalf, such as our professional advisors (e.g., consultants, accountants and attorneys) and vendors we hire to provide support for our services. These third-parties, however, act on our behalf and are contractually obligated to keep the information we provide them confidential and to use the information only for the purposes authorized.

Any disclosure of information in a document that has been completed and submitted by you to Sherborne Investors to facilitate a business relationship between you and a third-party provider (i.e., banker, account custodian, insurance company, etc.) will automatically be considered as having been authorized by you with respect to the non-affiliated third party service provider.

Each individual or party affiliated with Sherborne Investors is aware of the firm’s Privacy Policy, and has agreed to comply with it. Members of the firm have access to the non-public personal information of our clients to the extent that it is necessary for them to perform their responsibilities owed to Sherborne Investors. Sherborne Investors maintains physical, electronic and procedural safeguards to guard your information.

As required by federal law, Sherborne Investors will provide notice to its customers of its Privacy Policy annually. Sherborne Investors reserves the right to modify its Privacy Policy at any time, but in the event that there is a change, Sherborne Investors will promptly inform its customers of such change.

 

TERMS AND CONDITIONS OF USE OF THIS WEBSITE

Before using this Website, please read these Terms and Conditions of Use (the "Terms") carefully. Any use of this Website will constitute your understanding and acceptance of the Terms. If you do not accept the Terms stated herein, do not use this Website. This Website is owned and operated by Sherborne Investors Management LP (“Sherborne Investors”), either alone or in conjunction with its affiliates, agents and partners. Sherborne Investors reserves the right, in its sole discretion, without any obligation or notice requirement, to amend, alter, modify, add, update, or remove portions of these Terms at any time, and any such changes will be effective upon posting to the Website. You are responsible for reviewing the Terms periodically and your continued use of the Website constitutes your acceptance of all such changes. Consequently, we suggest that you check these Terms periodically for any changes. These Terms supplement any other agreements between you and Sherborne Investors or its affiliates. If there is any conflict between these Terms and the terms of your other agreements with Sherborne Investors or its affiliates, the terms of such agreements will govern.


TERMINATION

Sherborne Investors expressly reserves the right to monitor any and all use of the Website, to exclude you and any other person from using this Website, and to terminate your access to this Website. Upon termination, you must destroy all materials obtained from this Website and all copies of those materials, whether or not they were made under these Terms. You also agree that Sherborne Investors will not be liable to you or any third party for any termination of your access to this Website. All provisions in the Terms that by their nature should survive termination will survive termination, including, but not limited to provisions concerning indemnification, disclaimers, limitations on liability, and termination.


INTENDED AUDIENCE

The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation, or which would subject Sherborne Investors or its affiliates to any registration requirement within such jurisdiction or country. Sherborne Investors is registered with the U.S. Securities and Exchange Commission as an investment adviser pursuant to the Investment Advisers Act of 1940, as amended. Registration as an Investment Adviser does not imply any level of skill or training. Sherborne Investors does not claim that the products or services described in this website are available in any particular jurisdiction or appropriate for any particular investor. If you choose to access this Website from a location other than the United States, you do so at your own initiative, and you are responsible for compliance with any applicable local laws.


NO OFFER OR ADVICE

Neither this Website nor anything on this Website constitutes an offer to sell, a solicitation of an offer to buy, or a recommendation of any security or any other product or service by Sherborne Investors or any other third party regardless of whether such security, product or service is referenced on or through this Website. Furthermore, nothing on this Website is intended to provide tax, legal or investment advice and nothing on this Website should be construed as a recommendation to buy, sell or hold any investment or security or to engage in any investment strategy or transaction. Sherborne Investors does not represent that the securities, products, or services discussed on or accessible through this Website are suitable for any particular investor. You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your business advisor, attorney, or tax and accounting advisor regarding your specific business, legal or tax situation.


TIMELINESS OF CONTENT

All content on this Website is presented “as of” the date published or indicated, and may be superseded by subsequent market events, or for other reasons. Additionally, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data. We undertake no responsibility to notify you of changes to the Website or its content and expressly reserve the right to change such information, including any opinions or forecasts, at any time without notice.


DISCLAIMERS, LIMITATIONS ON LIABILITY AND INDEMNIFICATION

All information and content on this Website is subject to applicable statutes and regulations, furnished on an “as available” basis, without warranty of any kind, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or infringement. While Sherborne Investors endeavors to ensure accuracy of information provided on this Website, Sherborne Investors does not warrant that the Website will be error-free, be corrected promptly if an error exists, continuous, uninterrupted, secure, or contain no computer viruses or other harmful content. You assume the entire cost of any necessary servicing, repairing, or correcting of your property or operations as a result of using this Website. Furthermore, Sherborne Investors makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of any material, services, software, texts, graphics, photographs, or links contained on this Website or any results that may be obtained from using this Website. You also accept at your own risk that the Internet or other online communications medium may not perform as intended as a result of human, mechanical, or other error, despite the efforts of Sherborne Investors, you, or any third party. Any commentaries, articles or other opinions herein are intended to be general in nature and for current interest.

Investment decisions based on information contained in this Website are your sole responsibility, and in exchange for using this Website, you agree to hold Sherborne Investors, its partners, directors, officers and employees harmless against any claims for damages arising from any decision that is made based on such information. Sherborne Investors and its partners, directors, officers or employees will not be liable for, or have any responsibility of any kind for, any loss or damage that you incur arising from or in connection with:

    • any delay, termination, failure, defect, or interruption in the transmission of this website;
    • any inaccuracy, error, unavailability, or incompleteness in the transmission of this website;
    • any termination or interruption of your access to this website;
    • your reliance on or use of this website;
    • any e-mail requests, orders, or instructions you send, or the interception by third parties of any requests, orders, or instructions you send via e-mail;
    • any act or omission of Sherborne Investors in making this website available to you; or
    • any other cause relating to your access to or use of this website, whether or not the circumstances giving rise to such cause may have been within the control of Sherborne Investors or within the control of any other party providing software or services support for this website.

Furthermore, Sherborne Investors and its partners, directors, officers or employees will not be liable to you in contract, tort, strict liability, or otherwise for any direct, indirect, special, punitive, consequential, or incidental damages related in any way to your use of this Website including, but not limited to: (i) loss of anticipated profits, benefits, use, or data; or (ii) injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, computer virus or worm, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, resulting from the use of or access to this Website, even if: such damages are reasonably foreseeable, or Sherborne Investors or any other party has been advised of the possibility of such damages. It is possible that all or a portion of the forgoing disclaimers or limitations of liability may not be enforceable in the jurisdiction in which you reside.

You agree to indemnify, defend and hold harmless Sherborne Investors and its partners, affiliates, officers, directors, employees and agents, including their affiliates, from and against any and all claims, liabilities, damages, losses, actions, demands or expenses, including attorney fees and costs, arising out of or in any way connected with your access to or use of this Website or your breach of these Terms.


USE OF LINKS TO OTHER WEBSITES

This Website may contain links to third-party websites. These links are provided solely as a convenience to you, which does not imply any affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by Sherborne Investors of the contents on such third-party websites. Sherborne Investors is not responsible for the content of any website owned by a third party that may be linked to this Website regardless of whether the link is provided by Sherborne Investors or a third party. Sherborne Investors does not prepare or maintain, has not and will not review or update, and does not guarantee the accuracy, timeliness, completeness, suitability, reliability or usefulness of any information contained on a linked third-party website. If you decide to access linked third-party websites, you do so at your own risk. Furthermore, no representation or warranty is provided for any software that you may download from a link from this Website.


THIRD PARTY CONTENT

Through this Website, you may have access to information relating to securities, indexes or the securities markets ("Market Data"). Sherborne Investors may compile or obtain this Market Data from third parties who are independent of Sherborne Investors. Market Data is provided for informational purposes only and even though the sources of the Market Data provided on this Website are believed to be accurate and reliable, Sherborne Investors is not responsible for, and makes no warranty with respect to the contents, accuracy, completeness, timeliness, suitability or reliability of the Market Data. The Market Data that may be provided is not a complete summary or statement of all available information or data. Sherborne Investors makes no express or implied representations or warranties, including but not limited to warranties of merchantability or fitness for a particular purpose, with respect to Market Data.

Any Market Data and other information accessible through this Website are for personal, non-commercial use. You agree not to reproduce, modify, sell, distribute, broadcast, publish, or use for any commercial or unlawful purpose, any Market Data or other information you access through this Website. Any Market Data is provided “as is.” Sherborne Investors will not be responsible for lost profits, trading losses, or any other damages resulting from inaccurate, defective, or unavailable Market Data or other information. Sherborne Investors is not obligated to update or to continue to offer Market Data or other information accessible through this Website.


ELECTRONIC COMMUNICATIONS

To the extent electronic mail is submitted to or through this Website, it should be considered neither secure nor confidential. Sherborne Investors makes no representation whatsoever concerning the security or confidentiality of your electronic messages and makes no representation that any electronic messages submitted through this Website will be received by Sherborne Investors. Delivery, and timely delivery, of electronic mail is not guaranteed. Do not send sensitive or confidential information to us via electronic mail through this Website. Sherborne Investors also recommends that you not send time-sensitive or action-oriented messages to us via electronic mail though this Website. Such requests, orders, or instructions will not be processed until Sherborne Investors can confirm your instructions or obtain appropriate written documentation where necessary.

Furthermore, any communications or material you transmit to or through this Website by electronic mail or otherwise, including, but not limited to, data, questions, comments, or suggestions will be treated as non-confidential and nonproprietary and will become the property of Sherborne Investors. Such communications or materials may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Further, Sherborne Investors reserves the right to use any ideas, concepts, know-how, or techniques contained in any electronic communication you send to this Website for any purpose whatsoever.


INTELLECTUAL PROPERTY

All copyrights, trademarks, logos, service marks, trade names or other intellectual property displayed on, or used in conjunction with this Website are proprietary to Sherborne Investors. Any third-party trademarks, logos, service marks, or trade names on this Website are used for identification purposes only and are the property of their respective owners.The content of this Website is protected by applicable intellectual property law. Sherborne Investors reserves all rights with respect to intellectual property ownership of all material on this Website, and will enforce such rights to the full extent permissible by law. The material accessible on or through this Website is accessible for personal browsing and printing purposes only. Users of this Website may not otherwise:

    • copy, reproduce, modify, sell, republish, post, transmit, or distribute in any way material from this Website without the express, written permission of Sherborne Investors;
    • use, copy, modify, or display any Sherborne Investors name, logo, text, or graphic image without Sherborne Investors’ express, written permission;
    • display any of the pages, text, images, or other content on this Website using "framing" technology without Sherborne Investors’ express written permission;
    • modify or use the pages, text, images, or other content from this Website for any purpose other than browsing or printing for personal, non-commercial use; or
    • take any action to create an impression of affiliation, sponsorship, or endorsement between any user and/or website and Sherborne Investors.


LIMITED LINKING LICENSE FOR OTHER USERS AND WEBSITES

Sherborne Investors hereby grants to other users and websites a Limited License to publish or otherwise utilize links solely to the “Home” page located on this Website (www.sherborneinvestors.com/home.html), in each case subject to the limitations and restrictions set forth herein. This Limited License entitles other users and websites to link solely to Sherborne Investors’ homepage, and only so long as no impression of affiliation, sponsorship or endorsement by or between Sherborne Investors and the other user or website is created. Linking to any content within this Website other than the homepage is prohibited without the express written permission of Sherborne Investors. This Limited License expressly prohibits the framing of the content contained in this Website in any way or any other activity that may create a misimpression or confusion among users with respect to sponsorship or affiliation. Any website offering a link to this Website under this Limited License must deliver our homepage address as stated above.


PROHIBITED USES

You may not use this Website in any manner that could damage or overburden any Sherborne Investors server, or any network connected to any Sherborne Investors server, or in any manner that would interfere with another party’s use of the Website. You may not, without the express written permission of Sherborne Investors, use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this Website or the reports, data, information, content, software, products, services, or other materials on, generated by or obtained from this Website, whether through links or otherwise, provided that generally available third-party web browsers may be used without such permission.

Unless expressly authorized by Sherborne Investors in writing or as otherwise allowed by these Terms, you may not include: (i) the term “Sherborne Investors”; (ii) any Sherborne Investors executive’s or other employee’s name; or (iii) any Sherborne Investors logo, trademark, service mark, or any variation of the foregoing, on another website or as a meta-tag, hidden textual element or use this Website or any of its content, in each case in any manner that could create the impression of an affiliation, sponsorship or endorsement by Sherborne Investors.


GOVERNING LAW AND SEVERABILITY

These Terms will be governed and construed under the laws of the State of New York and the applicable provisions of U.S. federal law without regard to conflicts of law. To the extent that the applicable laws of the State of New York or any of the provisions herein conflict with the applicable provisions of U.S. federal law, the latter shall control. Any legal action relating to these Terms shall be instituted in any State or U.S. federal district court located within the City of New York and County of New York, and you waive any objection which you may now or hereafter have to the laying of venue of any such proceeding and irrevocably consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

Nothing in these Terms creates any rights or protections that you are not already entitled to by law. If any part of these Terms is held invalid, void, unlawful or unenforceable, that part will be deemed modified as necessary to make it effective, and the remaining provisions of these Terms will remain in full force and effect. No waiver of any term or provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in Sherborne Investors Privacy Policy, these Terms constitute the entire agreement between you and Sherborne Investors with respect to the use of this Website.