These Terms of Use constitute a legally binding agreement between Tritium™ Partners, LLC (“Tritium” or the “Firm,” or “our, “us,” or “we”) and you, the user of the Tritium web site (the “Site“). By accessing the Site you acknowledge that you have read and agree to these Terms of Use. These Terms of Use govern your use of the Site. Please read these Terms of Use carefully. If you do not agree with any of the terms and conditions contained herein, please do not use the Site.
Tritium reserves the right to amend these Terms of Use in its sole discretion. Tritium will post any changes to these Terms of Use on the Site, and changes shall be effective immediately upon posting. We recommend that you re-visit the Site on occasion to learn of revised terms or policies. Your continued use of the Site after any such changes constitutes your acceptance of the new terms and policies. As Tritium is under no obligation to alert the users of its website to such updates, you should consult the Terms of Use page each time you visit the website.
If you have any questions or comments about the Terms of Use, please contact us at info@tritiumpartners.com and (512) 493-4100
Your right to access and use the Site is limited solely for purposes of obtaining information regarding Tritium, to evaluate a potential business relationship with Tritium, or for internal business purposes in furtherance of an existing business relationship with the Firm. Without limiting the foregoing, as a condition of your right to access the Site under these Terms of Use, you acknowledge and agree that you shall not directly or indirectly:
Certain areas of the website require registration or otherwise ask you to provide information to participate in certain features or access certain content. Do not share your password or login ID with anyone, including anyone from Tritium. If you share your password with a third party, you assume all responsibility for all such party’s activity related to this website. You must notify Tritium immediately of any breach of security or unauthorized use of your account. If Tritium determines you have violated these Terms of Use or applicable law, Tritium may terminate your access to this website and its features, cancel any related user accounts and/or delete all information associated with such accounts. For further information regarding Tritium’s privacy procedures regarding the use of this website, please see Tritium’s privacy notice.
Tritium is an investment adviser registered with the United States Securities and Exchange Commission (“SEC”) under the Investment Advisers Act of 1940, as amended. Registration of an investment adviser with the SEC does not imply certain level of skill or training. Further information about Tritium is also available in Tritium's Form ADV Part 2 filed with the SEC, available at www.adviserinfo.sec.gov. Any reference in this Site to Tritium’s assets under management refers to regulatory assets under management (RAUM) reported on Tritium’s most recent Form PF filing with the SEC, unless such RAUM calculation has been subsequently updated.
All information contained on this Site, including any transaction described therein, is for informational and/or illustrative purposes only. Statements contained on this Site that are not historical facts are based on current views, forward-looking expectations, estimates, projections, opinions and/or beliefs of the Tritium team. Such statements involve risks, uncertainties and other factors. You should not rely on these statements as if they were facts. This Site is intended for the benefit of potential portfolio companies (including such companies’ senior management and ownership) of Tritium. Potential investors in any Tritium fund should reference the separate due diligence portals and other materials that have been prepared for their benefit and any potential investors use of or reliance upon the information on this Site is specifically disclaimed and limited as further set forth below.
The investments and strategies discussed throughout the Site may not be suitable for all investors and are not obligations of or guaranteed by Tritium or any of its affiliates. Nothing on this Site is to be construed as a solicitation to offer investment advice or services. Information about investing in Tritium funds is only available in the form of private placement memoranda and other offering documents. These documents contain information to help investors evaluate Tritium funds’ investment objectives, risks, fees and expenses, among other factors, before considering an investment. By using this website, you agree that Tritium is not liable for any action you take or decision you make in reliance on any website content.
Past performance is no guarantee of future results and no representation is made that an investor will or is likely to achieve results that are similar to those of Tritium’s previous funds. Prior investments may have been made under different market, economic or other conditions than those in which future investments and/or strategies will be pursued, and as a result may not be replicated. Investors may lose part or all of their investment capital or face various other risks as described in the applicable offering documents.
Testimonials and endorsements reflect Tritium's and portfolio company management's opinions and beliefs regarding the company and the investment. Such opinions and beliefs are subjective, do not represent a complete assessment of the company, the market or Tritium's overall investment performance and cannot be independently verified. Such statements are being offered as references for purposes of demonstrating the benefits of working with the Tritium team and not on the basis of being an investor in a portfolio company or, if applicable, a Tritium fund. Portfolio company executives receive/received a salary and economics from the portfolio company. No executives were paid for their testimonial or endorsement. There is a conflict of interest in these unpaid testimonials and endorsements in that all speakers stand to benefit from Tritium’s success and for the portfolio company executives especially, their company is owned or partially owned by a Tritium fund.
The title CEO Partner, Executive or Advisor is not intended to indicate that any such individual is a partner, principal or employee of Tritium or any Tritium fund or other affiliate. CEO Partners, Executives and Advisors may provide expertise to Tritium and its portfolio companies. They may be independent contractors or employees of current or former portfolio companies and may have business or investment activities unrelated to Tritium.
Information included regarding portfolio companies at a prior investment firm are included for informational purposes only in order to demonstrate the principals’ experience in the private equity industry. Further, Tritium has limited ability to affect or influence the performance of prior investments at the prior investment firm as the members of the Tritium team no longer serve on the board of directors of any portfolio company of the prior investment firm. Other personnel from the prior investment firm were involved with and provided assistance with respect to the investments at the prior investment firm and are not part of the Tritium team.
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. Do not share your password or login ID with anyone, including anyone from Tritium. You must notify Tritium immediately of any breach of security or unauthorized use of your account. If Tritium determines you have violated these terms or applicable law, Tritium may terminate your access to this Site and its features, cancel any related user accounts and/or delete all information associated with such accounts.
While we make reasonable efforts to provide accurate information, we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate. You agree that we are not responsible for any action that you take or decision you make in reliance on any information contained in the Site.
This Agreement applies only to the Site and not to other websites that may be accessible from the Site and the Firm shall not be responsible for the content of any third-party website accessible from the Site. Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with Tritium. If you access any third-party website through the Site or otherwise, you do so at your own risk and we encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.
The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks“) found on the Site and any and all information and content available through the Site, such as for example graphics, logos, articles and other materials (collectively, “Content”) are proprietary to Tritium or its licensors and are protected by intellectual property rights and unfair competition and other laws. The Marks may be registered or unregistered trademarks of the Firm or others. You may not use any Mark or Content without the express prior written permission of the owner (whether Tritium or otherwise), and nothing contained in these Terms of Use or anywhere on the Site shall be construed as granting by implication, estoppel or otherwise any license, permission or right to use any Mark or Content. Any unauthorized or prohibited use of the Marks or Content may subject the offender to civil and criminal liability under applicable law. All rights not expressly granted are reserved.
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, PROVIDED WITHOUT WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY TRITIUM, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. TRITIUM PARTNERS FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.
TRITIUM DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE OR THE CONTENT. TRITIUM IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE SITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN BASED ON THE CONTENT OR ANY FEATURE OF THE SITE OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.
UNDER NO CIRCUMSTANCES WILL TRITIUM BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN.
You agree that you will be solely responsible for, and that you will defend, indemnify and hold Tritium, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your use of the Site or your violation of these Terms of Use. The Firm reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Tritium for all liabilities, losses, or damages. You agree to provide Tritium with whatever cooperation it reasonably requests.
These Terms of Use will be governed by and construed in accordance with the laws of Texas without regard to conflicts of laws principles. By using this website, you hereby agree that any and all disputes regarding these Terms of Use will be subject to the courts located in Austin, TX, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action. You must commence any cause of action you may have with respect to your use of this website within one year after the claim or cause of action arises or such claim or cause of action will be deemed to have been waived. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of Tritium to enforce the strict performance of any provision of these Terms of Use shall not be a waiver by Tritium of its right to subsequently enforce such provision or any other provision or provisions of these Terms of Use.
Tritium collects and processes Personal Data (which we define below) about you from your use of this Site and through other means, such as by contacting us directly by phone or email or more generally in the course of operating our business. This Privacy Notice explains how we collect Personal Data, how we use your Personal Data and how you can assert your rights in accordance with applicable data protection laws. This Privacy Notice does not address our privacy practices with respect to any Personal Data we may collect from an investor in the funds that we sponsor or manage. We address these practices in separate notices to investors as required by law.
“Personal Data” is any information relating to you or that we can otherwise link to you or your household.
The Personal Data we collect on this Site may include your name, email address, residential address, IP address, telephone number, login information for our investor portal and other contact information. Some of this information we will only have access to if you provide it to us. When you visit our Site, we may collect information about you when you enter and browse our Site through the use of “cookies,” web server logs and other electronic tools. This information may include, without limitation, the number and frequency of your visits to our Site, the websites accessed before and after you visit our Site, the internet browser used by you and your IP address.
We collect Personal Data that you voluntarily provide to us, such as through “contact us” forms you choose to submit on our Site to obtain more information about Tritium or our funds. We may also collect Personal Data through the use of “cookies” on our Site, in the ordinary course of evaluating service providers, vendors and investments, in marketing our funds or from publicly available or accessible directories, databases and agencies. We may combine personal information that you provide to us with information that we collect from or about you from publicly available sources. This will include information collected in an online or offline context.
In addition to Personal Data collected from your use of our Site, we may also collect Personal Data regarding our business contacts, partners, current and prospective investors, vendors and other contacts. We will collect some of this Personal Data if you contact our office or employees directly.
We use the Personal Data we collect from you on our Site for communication purposes, such as, but not limited to (i) sending you information about Tritium and/or our investment funds and (ii) maintaining our list of contacts. We use the Personal Data we collect from you through other means for business purposes, such as, but not limited to (i) communicating with service providers and vendors (ii) researching investment opportunities and (iii) managing our investments. No automated decision-making, including profiling, is used when processing your personal information, and we do not seek to use our Site to obtain information for purposes of soliciting potential investors in our investment funds.
We process your Personal Data collected from your use of this Site for certain business reasons, including communication and business development purposes. We process your Personal Data collected by other means for other business reasons, including managing our business and our funds’ investments.
In accordance with the European Union’s General Data Protection Regulation (“GDPR”), we rely on our legitimate business interests (including, but not limited to, internal administrative purposes, direct marketing or conducting market research), contractual obligations, legal obligations or your consent in maintaining business relationships, communicating about Tritium’s business and performing other business services as the basis for collecting and processing your Personal Data.
You are not required to submit information to us through this Site. However, we may collect “cookies”, which may be automatically collected and will not necessarily require your consent. For our service providers, vendors, investors and other contacts, it is necessary to provide some Personal Data in order for us to do business with you.
We will not share your Personal Data with third parties except as permitted or required by law or regulation and to affiliates and service providers, including in the context of those third parties acting as data processors on our behalf and with whom we have a need to share such information. For example, we may use a customer relationship manager software platform to organize our business contacts, and your Personal Data may reside on that software. Where relevant, we will ensure that contractual safeguards are implemented with these third-party data processors to ensure the protection of your Personal Data.
We will amend this Privacy Notice promptly upon any changes to this policy.
Your Personal Data will be retained for as long as you are one of our business contacts, or longer as required by applicable law. Your Personal Data may be deleted when it is no longer relevant or when you withdraw consent (pursuant to the rights detailed directly below which may be exercised by using the contact information contained at the end of this Privacy Notice), again within the parameters of applicable law. If we send you emails and/or market to you, you may unsubscribe at any time from communications from us, and we will cease sending you further communications.
Your rights described in this Privacy Notice are applicable only if you reside in a jurisdiction where the provision of such rights is required by the data protection and privacy laws of the governing regulatory authority, as outlined further below. These rights may be limited and subject to further legal requirements.
California Consumer Privacy Act, 2020 – California Residents
The right to be informed about what Personal Data is being processed and the rationale for the processing;
The right to know whether and to whom your Personal Data is sold or disclosed and to opt out of the sale, if applicable;
The right to access (i.e. view or request copies of) your Personal Data that is being processed;
The right to request that we delete your Personal Data under certain circumstances; and
The right to not be discriminated against for exercising your rights under the California Consumer Privacy Act.
GDPR, 2018 – EU Residents
The right to be informed about what Personal Data is being processed and the rationale for the processing;
The right to access (i.e. view or request copies of) your Personal Data that is being processed;
The right to request that we rectify Personal Data if it is inaccurate or out of date;
The right to request that we delete your Personal Data (the right to be “forgotten”) under certain circumstances;
The right to restrict processing your Personal Data if you contest its accuracy, the lawfulness of its processing or if we no longer need it;
The right to object to the processing of your Personal Data if processing is based on our legitimate interests or for direct marketing purposes;
The right to be informed about and object to the existence of automated decision making, including profiling, and about its significance and consequences on you; and
The right to request a transfer of your Personal Data to a third party in certain circumstances.
As explained above, Tritium does not sell or otherwise transfer for value any Personal Data to any third party, nor do we use our Site to obtain Personal Data to market products or services to consumers. Should you wish to lodge a complaint with regards to how your Personal Data has been processed by us, please contact the applicable supervisory authority which will vary based on jurisdiction, but generally include the following for individuals protected by the GDPR: https://edpb.europa.eu/about-edpb/board/members_en and for individuals protected by the CCPA can be reported to the Office of the Attorney General of California at oag.ca.gov/report or by calling 800-952-5225
This Site and the services offered by Tritium are not intended for minors and Tritium does not knowingly collect Personal Data relating to minors and in the event of any inadvertent collection of Personal Data related to a minor, Tritium expects to delete such Personal Data upon notice, but in any event, will comply with any provision of applicable data protection laws. The determination of whether an individual is a minor varies by jurisdiction, and may be as low as 13 years of age in some jurisdictions; however, Tritium has determined to extend the protection afforded to minors to individuals less than 18 years of age.
Tritium has implemented appropriate procedural and technical security measures to help protect your Personal Data against loss and to safeguard your Personal Data against access by unauthorized persons. We consider the protection of sensitive information to be a sound business practice and a top priority, and to that end we employ physical, electronic and procedural safeguards to protect your Personal Data. Although we employ certain safeguards to protect your personal data, we cannot guarantee the security of any information or data transmitted to or through our site; any transmission of information or data by you to or through this site is at your sole risk.
Depending on the applicable law, Tritium may be required to notify you or the appropriate authority in the event of a breach. Various jurisdictions that have enacted data protection laws may require different procedures in the event of a breach of your Personal Data, including with regard to notification to certain regulators or agencies and the data subject; in each case and in the event of such a breach to your Personal Data, we will follow the laws of the applicable jurisdiction.
This Privacy Notice was updated in September 2020. We may amend this Privacy Notice from time to time and for any reason, in our sole discretion, without notice, to reflect changes in our practices with respect to the processing of Personal Data or changes in applicable law. Future changes to this Privacy Notice will similarly be posted to this Site; however, we will use information only in accordance with the Privacy Notice under which the information was collected.
If you have any questions about how we process your Personal Data or to make a request regarding such Personal Data pursuant to one of the rights enumerated above, please contact us at info@tritiumpartners.com and (512) 493-4100. If you would like to contact us by telephone without incurring telephone charges, please submit your request and through the e-mail address above. We may require additional information prior to completing any such request, but will in any case respond in a timely manner to any request, including, if necessary, a response notifying you that additional time is required to complete such request.
Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect. The failure of Tritium at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms of Use against or relating to Tritium or any indemnified party under these Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in Austin, Texas and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
Headings and captions throughout these Terms of Use are for convenience only and should not be considered part of these Terms of Use. The word “including” means “including without limitation.”
If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact Tritium at (512) 493-4100.
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