WEBSITE DISCLAIMER
By accessing this website and any materials presented herein (the “Site”), you accept in their entirety the following terms and conditions pertaining to the use of the Site. Excelsior Renewable Energy Management Company LP and its affiliates (collectively, “Excelsior”) reserve the right to change the terms, conditions and notices under which this Site is offered without notice at any time. Each use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use.
NO OFFER OF SECURITIES
Under no circumstances should any material at the Site be used or considered as an offer to sell or a solicitation of an offer to buy any interest in any investment fund sponsored or managed by Excelsior’s affiliates. Any such offer or solicitation can and will be made only by means of the Confidential Information Memorandum of each such investment fund, only in jurisdictions in which such an offer would be lawful and only to individuals who meet the investor suitability and sophistication requirements of each such investment fund. Access to information about the investment funds is similarly limited to individuals who meet the applicable investor suitability and sophistication requirements. If you would like investment, accounting, tax or legal advice, you should consult with your own advisors with respect to your individual circumstances and needs.
LINKS TO THIRD-PARTY WEBSITES
Excelsior has not reviewed any of the websites that may be linked to the Site and is not responsible for their content. Excelsior is not responsible for the privacy practices of such other websites. Your linking to or use of any off-site pages or other websites is at your own risk. Excelsior’s inclusion of links to other websites does not imply any endorsement of the material located on or linked to by such websites. By accessing these links, you acknowledge that such other websites are not under the control of Excelsior and you agree that Excelsior shall not be responsible for any information or additional links found at such website, or for your use of such information.
NO WARRANTY
EXCELSIOR AND ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. ANY CONTENT OF THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS-IS”, WITHOUT ANY WARRANTY OF ANY KIND. EXCELSIOR HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EXCELSIOR AND ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY IN USING THE SITE, OR (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE, OR (III) OTHERWISE ARISING OUT OF THE USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF EXCELSIOR OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
FORWARD-LOOKING STATEMENTS
The contents of the site may contain forward-looking statements that are based on management’s beliefs, assumptions, current expectations, estimates, and projections about the financial industry, the economy, or its investments. These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict with regard to timing, extent, likelihood and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. Furthermore, Excelsior undertakes no obligation to update, amend or clarify forward-looking statements, whether as a result of new information, future events or otherwise.
PAST PERFORMANCE
Any performance data or comments expressed on the site are not an indication of past performance. Past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
SITE CONTENTS
All content included on the site, such as text, images, graphics, logos, articles and other materials, is the property of Excelsior or others and is protected by applicable laws. All trademarks and logos displayed on the site are the property of their respective owners, who may or may not be affiliated with Excelsior. Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any content or trademark displayed on the site without the written permission of Excelsior or such other third party that may own the content or trademark displayed on the site. Nothing in this disclaimer shall constitute a waiver of any trademark or other intellectual property rights concerning name, logo or trademark. Please be advised that Excelsior may enforce its intellectual property rights to the fullest extent by law.
RESTRICTIONS ON USE
The information, materials and other content of the Site may not be copied, displayed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written consent of Excelsior.
SECURITY OF WEBSITE
Excelsior’s information and technology systems may be vulnerable to damage or interruption from computer viruses, network failures, computer and telecommunication failures, infiltration by unauthorized persons and security breaches, usage errors by its professionals, power outages and catastrophic events such as fires, tornadoes, floods, hurricanes and earthquakes. Although Excelsior has implemented various measures to manage risks relating to these types of events, if these systems are compromised, become inoperable for extended periods of time or cease to function properly, Excelsior may have to make a significant investment to fix or replace them. The failure of these systems and/or of disaster recovery plans for any reason could cause significant interruptions in Excelsior’s operations and result in a failure to maintain the security, confidentiality or privacy of sensitive data, including personal information relating to clients and investors (and the beneficial owners of investors). Such a failure could harm Excelsior’s reputation or subject it or its affiliates to legal claims and otherwise affect their business and financial performance. Additionally, any failure of Excelsior’s information, technology or security systems could have an adverse impact on its ability to manage the private investment funds and separately managed accounts referred to herein.
GENERAL
These Terms of Use are governed by the internal laws of the State of New York, without reference to their conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in New York County, New York U.S.A., as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site.
If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.
PRIVACY NOTICE
This Privacy Policy seeks to help you understand how we collect, use, and manage any information about you when you visit http://clients.cleverdesign.com/excelsior/ (“website”). By using or accessing this website, you signify your acknowledgment and consent to the Privacy Policy set forth below. If you do not agree to this policy, please do not use this website. Excelsior Renewable Energy Management Company LP and its affiliates (“Excelsior”, “we” or “us”) can revise this policy at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check this policy periodically for changes. This Privacy Policy is in addition to the privacy notice that is provided to the limited partners in the private funds managed by Excelsior.
This policy is intended to help you understand how Excelsior collects, uses and safeguards the information you provide on our website. This Privacy Policy does not apply to the use or disclosure of information that is collected or obtained by us through means other than this website.
PERSONAL DATA
This website does not directly collect any personal information. You may, however, choose to contact us by email, in which case we will collect your name, email address and any other information that you choose to provide to us. Please do not provide personal information that you do not want us to have.
In addition, Excelsior may gather information about you automatically through your use of this website, i.e., your IP address and how you navigate our website. We may collect information about you using cookies, tracking pixels and other technologies/tools. We may use this information to better understand, customize and improve the user experience of our website and services.
Your website browser can be set to allow you to control whether you will accept cookies, reject cookies, or to notify you each time a cookie is sent to you. If your browser is set to reject cookies, the website may not recognize you when you return to the website, and some website functionality may be lost. To find out more about cookies, including how to see what cookies have been set and how to manage or delete them, visit www.allaboutcookies.org.
INFORMATION USE AND SHARING
Excelsior is the sole owner of the information collected on this site. Excelsior will use your information to respond to you regarding the reason you contacted us, as applicable and as appropriate. Excelsior will not share your personal information with any third party outside of our organization, other than as necessary to fulfill your request. Excelsior does not sell, transfer or disclose your personal information to third parties. Excelsior reserves the right to use or disclose any information as needed to satisfy any law, regulation, or legal request, to protect the integrity of the online service, to fulfill your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.
ACCESS AND CHOICE
You may access and amend any personal information we have on you by contacting us using the contact information below. We will respond to your inquiry within a reasonable timeframe.
LINKS TO THIRD-PARTY WEBSITES
Excelsior’s website may contain links to other websites. If you visit one of these linked sites, you should review their privacy and other policies. We have no control over and are not responsible for the privacy policies or practices of such sites.
SECURITY
Excelsior takes precautions to protect your information. We use security measures consistent with industry practice to protect the loss, misuse and alteration of the information under our control. While Excelsior uses reasonable efforts to safeguard the confidentiality of your information, we cannot guarantee that data will always remain secure due to transmission errors, outside events, third-party hacking or other causes. If you have any reason to believe that your interaction with us is no longer secure, please notify us immediately.
CONTACT INFORMATION
If you have any questions or concerns about this Privacy Policy, please contact Anne Marie Denman, Chief Compliance Officer of Excelsior at adenamn@excelsiorcapital.com or write to us at: Excelsior Renewable Energy Management Company LP: 21960 Minnetonka Blvd, Suite 210 Excelsior, MN 55331
Policy Effective as of May 26, 2021