Terms of Use

Terms of Use

THE TERMS OF USE STATED BELOW (THESE “TERMS”) GOVERN YOUR USE OF THE WEBSITE LOCATED AT WWW.ROARKCAPITAL.COM (THE “SITE”), WHICH IS OWNED BY ROARK CAPITAL MANAGEMENT, LLC (“ROARK CAPITAL MANAGEMENT,” “WE,” OR “US”). THESE TERMS ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION CONTAINED ON THE SITE. BY USING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY, INCLUDING THE PRIVACY POLICY (AS DEFINED BELOW).

ROARK CAPITAL MANAGEMENT RESERVES THE RIGHT IN OUR SOLE DISCRETION TO MODIFY, ADD TO OR DELETE ANY OF THESE TERMS AT ANY TIME. WE WILL NOTIFY YOU OF SUCH CHANGES BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE, WHICH SHALL IMMEDIATELY BECOME EFFECTIVE. BY CONTINUING TO USE THE SITE, YOU CONSENT TO SUCH CHANGES. 

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM IN THEIR ENTIRETY.

General Use Restrictions 

All information, documents, products, software, content, source code and services provided on the Site, including trademarks, logos, graphics and images (the “Materials”) are provided to you by Roark Capital Management.

Subject to your compliance with all of the provisions of these Terms, Roark Capital Management grants you a nonexclusive, nontransferable, revocable, limited right to access, use and display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) all copyright notices (including the Roark Capital Management notice stated below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) the display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You agree that you have no right to modify, edit, alter, enhance, republish, reproduce, distribute, sell or otherwise prepare any derivative works based upon any of the Materials in any manner, in whole or in part.

This limited license terminates automatically, without notice to you, if you breach any of these Terms or in our sole discretion at any time. Upon termination of this limited license, you agree to immediately destroy any electronic or printed Materials.

Except as stated in these Terms, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of Roark Capital Management.

You shall not use the Site in any manner that could damage, disable, overburden or impair the Site. You shall not interfere with the security of the Site or the Materials or any servers or networks connected to or accessible from the Site, or interfere with any other person’s use of the Site. You shall not post or otherwise transmit through the Site any viruses, Trojan horses, worms, or any objectionable content. You shall not attempt to gain unauthorized access to any portion of the Site that is restricted from general access, and shall not attempt to grant such access to any third party. You shall not use any robot, spider or other automatic or manual process to monitor, extract, collect, harvest or copy any of the Materials except as expressly authorized herein.

You shall comply with all applicable laws that relate to your use of the Site. This site is not directed to or intended for use by individuals under 18 years of age.

Changes to the Site

Roark Capital Management may change, modify, remove, suspend, discontinue or terminate any aspect of the Site or any features thereof at any time without notice or liability. We may, in our sole discretion, impose restrictions on services, features or any of the Materials, or terminate your access to the Site or any portion thereof, or terminate all rights and licenses contained in these Terms, without notice or liability.

Third Party Content

Third parties may provide certain information and content to Roark Capital Management, which may be included in the Materials or otherwise available through the Site (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use, privacy policies or other terms and conditions of such third parties. Please contact the appropriate third party for further information regarding these terms.

ROARK CAPITAL MANAGEMENT DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Linking

You may not link to the Site from any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other website or material which could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law or regulation. Roark Capital Management and such parties assume no responsibility or liability which may arise from the content of such websites, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation. Any link to the Site must, when activated by a user, display the Site full-screen in a fully navigable window, and not within a “frame” on the linking website, and the appearance or other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Roark Capital Management. We reserve the right to revoke this consent to link at any time in our sole discretion.

Although the Site may link to other websites (“External Sites”), Roark Capital Management is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with any External Site, unless specifically stated herein. If you follow links to any External Site, you will leave the Site. You acknowledge and agree that Roark Capital Management has not reviewed the External Sites and is not responsible for the content contained on any External Site. Your access and use of any External Site is at your own risk and is subject to any terms and conditions provided by the owners of such External Site.

Privacy Policy 

By using the Site, you agree to be bound by the Roark Capital Management Privacy Policy, available here (the “Privacy Policy”).

Submissions

You acknowledge that you are responsible for the information and material that you submit to the Site (each a “Submission”), and that you, and not Roark Capital Management, are fully responsible for each Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated in these Terms or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a nonproprietary and non-confidential basis. You agree that Roark Capital Management will be free to use or disseminate a Submission on an unrestricted basis for any purpose and if you submit information to the Site, you grant Roark Capital Management a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, display, reproduce, distribute, sell and prepare derivative works of the Submission, provided that Roark Capital Management agrees to use any personally identifiable information included in your Submissions in accordance with the Privacy Policy.

Trademarks and Copyrights 

The trademarks, service marks, brands, names, logos and designs (“Trademarks”) of Roark Capital Management or others used on this Site are the property of Roark Capital Management or their respective owners. You may not remove or alter any Trademark. You may not copy, imitate or use any Trademark displayed on the Site, in whole or in part, without the express prior written permission of Roark Capital Management or its respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use any Trademark.

All of the Materials appearing on this Site, including the selection, assembly and arrangement thereof, are protected by United States copyright laws, international conventions and other copyright laws, and are the sole property of Roark Capital Management, unless otherwise stated. All rights not expressly granted in these Terms are reserved. You will abide by this and any additional copyright notices, information or restrictions contained in any of the Materials. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, display, transmission, sale or publication of any copyrighted material, and any preparation of derivative works based thereon, is strictly prohibited without the express written consent of the copyright owner. You may not distribute any of the Materials to any other person unless such person accepts all the provisions of these Terms.

Except as expressly provided in these Terms, we do not grant you any express or implied right or license to any intellectual property owned by Roark Capital Management.

Indemnification 

You agree to defend, indemnify and hold harmless Roark Capital Management and its affiliates, representatives, partners, agents and employees from and against all liabilities, claims, costs and expenses, including attorneys’ fees, that arise out of or in connection with your use of the Site or breach of these Terms.

Disclaimer of Warranty

Roark Capital Management makes no warranties or representations as to the accuracy, completeness or use of the Materials. You acknowledge and agree that this Site may include certain errors, omissions, outdated information that may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by Roark Capital Management, and agree that Roark Capital Management does not warrant the accuracy or timeliness of the Materials and further agree that Roark Capital Management has no liability for any errors or omissions in the Materials, whether provided by Roark Capital Management or by its affiliates.  

ROARK CAPITAL MANAGEMENT, FOR ITSELF AND EACH OF ITS AFFILIATES, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE MATERIALS, AND ANY OTHER INFORMATION OR MATERIAL ACCESSIBLE THROUGH THE SITE IS PROVIDED ON AN “AS IS” AND “WHERE-IS” BASIS, AND ARE FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.

ROARK CAPITAL MANAGEMENT MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, ANY MATERIALS, AND ANY OTHER INFORMATION OR MATERIAL ACCESSIBLE THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE EQUIPMENT THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability 

NEITHER ROARK CAPITAL MANAGEMENT NOR ANY OF ITS PARTNERS, AFFILIATES OR THIRD PARTY PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, ANY EXTERNAL SITES OR THE MATERIALS, HOWEVER ARISING, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ROARK CAPITAL MANAGEMENT WAS INFORMED OF THE POSSIBILITY OF THESE DAMAGES.

Informational Use Only

The Site does not constitute an offer to sell or a solicitation of an offer to buy any security, including, without limitation, any interest in any investment vehicle managed by us or any company in which we, or any of our affiliates, have invested. Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax or legal advice, nor does any information on the Site constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy.

General

Roark Capital Management controls and operates the Site from our offices in the United States and we make no representation that the Materials are appropriate or will be available for use in locations other than the United States. If you use the Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials.

These Terms shall be governed by Georgia law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. The exclusive jurisdiction and venue for all disputes, actions, claims, or causes of action related to these Terms or in connection with the Site shall be the federal and state courts located in Fulton County, Georgia.

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then this provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.

The failure of Roark Capital Management to enforce any right or provision in these Terms will not constitute a waiver of this right or provision unless acknowledged and agreed to by Roark Capital Management in writing.

These Terms comprise the entire agreement between you and Roark Capital Management and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties hereto regarding the subject matter contained in these Terms.

These Terms were last updated on June 12, 2015 and are effective as of such date.