This Agreement is a contract between you and Cogentrix Energy Power Management, LLC and its affiliates (referred to below as “Cogentrix” or “we” or “us”), and applies only to this Site and not to other Sites that may be accessible from or linked to this Site. We are responsible only for the content of our own Site. We encourage you to review the user agreements of all other Sites that you visit.
Cogentrix may change this Agreement from time to time, at our sole discretion. If we make any substantial changes in this Agreement, we may notify you by reasonable means, including by posting a prominent announcement on our home page. Please check this page regularly to ensure that you are familiar with the current version of the Agreement. By your continued use of the Site after publication of the revised Agreement, you accept and agree to the terms and conditions in the revised Agreement.
This Agreement was last updated on July 3, 2019.
Restrictions on Use
While using the Site, you agree to comply with this Agreement and all applicable laws, rules and regulations, and will not encourage or promote any activity that violates this Agreement.
By accessing or otherwise using the Site, you agree that you will not under any circumstances:
No Offer or Advice
You acknowledge that the content of the Site is for general, informational purposes only and is not intended to constitute an offer to sell or buy any securities or other assets or promise to undertake or solicit business, and may not be relied upon in connection with any offer or sale of securities or other assets. Offers can only be made where lawful under, and in compliance with, applicable law. We make no representations that any information provided via the Site is accurate, current, reliable or complete. You are solely responsible for evaluating the risks and merits regarding the use of the Site and any services provided herein. We are not utilizing the Site to provide investment, legal, accounting, tax or other professional advice, and nothing on the Site is to be deemed a recommendation that you buy, sell or hold any security or other investment or that you pursue any investment style or strategy. 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. Any transactions listed on the Site are included as representative transactions and are not necessarily reflective of overall performance.
Forward-Looking Statements and Past Performance
The contents of the Site may contain forward-looking statements that are based on beliefs, assumptions, current expectations, estimates, and projections about the financial industry, the economy, Cogentrix, The Carlyle Group itself 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, Cogentrix undertakes no obligation to update, amend or clarify forward-looking statements, whether as a result of new information, future events or otherwise. Furthermore, 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.
Privacy Notice and Cookies Policy
The Site and all content included on the Site, such as graphics, logos, articles and other materials, is the property of Cogentrix, The Carlyle Group or others and is protected by copyrights, trademarks and other intellectual property rights owned by Cogentrix, The Carlyle Group or third parties that have licensed their materials or provided services to us. Cogentrix and The Carlyle Group reserve all of their intellectual property rights in the Site and in the content included on the Site, and this Agreement does not grant you any right or license with respect to any such intellectual property. You agree not to sell, license, copy, reproduce, modify, republish, transmit, edit, adapt, create derivative works from, distribute or otherwise make unauthorized use of any such intellectual property from the Site without express written permission from Cogentrix and The Carlyle Group. You agree not to reverse-engineer, decompile, disassemble or otherwise attempt to extract or discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Notice of Copyright Infringement
The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Site infringes your copyright, please send us a notice containing the following information:
As our Site indicates, we welcome your questions about us and our services. Please be advised that any comments, suggestions, ideas or any other information that you send to us through our Site (collectively, your “User Information”) may not be treated as confidential. You hereby grant, and agree to grant, to Cogentrix an unrestricted, worldwide, irrevocable, non-exclusive, perpetual, fully-paid, royalty-free, transferrable license to access, view, display, reproduce, adapt, publish, translate, store, host, cache, maintain, modify, distribute, and otherwise use and exploit your User Information in any manner, provided that it is in accordance with the Privacy Notice. You also grant Cogentrix the right to sub-license these rights through multiple tiers, and the right to bring an action for infringement of these rights.
Third Party Content
Much of the content on the Site is produced by users, publishers, and other third parties and is not controlled by Cogentrix. You acknowledge that such content is the sole responsibility of the third party person or organization that created it and we assume no responsibility for any third-party content or information. Although Cogentrix reserves the right to review all content and information that appears on the Site and to remove any content or information at Cogentrix’ discretion, we do not necessarily review all or any of it. Access and use of third party content made available through the Site is solely at your own risk and Cogentrix makes no warranties, express, statutory, or implied, with respect to such third party content or information. This Agreement does not govern your use of any site or service other than the Site. You should review applicable terms and policies of any linked third party content, information or websites. To the maximum extent permitted by applicable law, we will not be liable for any content submitted, posted, linked to, shared or otherwise made available via the Site, including, but not limited to, any inaccuracies, errors or omissions in any content, any intellectual property infringement with relation to the linked content, or any loss or damage of any kind incurred as a result of the use of any content linked in or otherwise made available via the Site.
Statement Regarding Internet Phishing and Fraud
Please be aware that bad actors may attempt to misuse Cogentrix’ name, brands and reputation by publishing fake websites and engaging in phishing scams seeking personal or confidential information. Cogentrix does not authorize such misuse of its name, brands and reputation and investigates these matters to ensure that its legal rights and reputation are protected.
When you communicate with Cogentrix through a digital media platform, please remember the following, especially before disclosing personal information:
Due to the global nature of the Internet, this Site may be accessed by users in countries other than the United States. We make no warranties that materials on this Site are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this Site, then you should not do so. Those who choose to access this site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, ACCESS TO THE SITE, AND ALL RELATED CONTENT, SERVICES AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE OR THAT ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. COGENTRIX DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. COGENTRIX DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ELECTRONIC COMMUNICATIONS SENT FROM THE SITE ARE FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR RELIANCE UPON ANY OF THE MATERIALS ON THE SITE IS AT YOUR SOLE RISK.
Limitations of Liability
WE ARE NOT RESPONSIBLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, THAT RESULT FROM YOUR USE OF (OR INABILITY TO USE) THIS SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE, OR OTHER COMPUTER MALFUNCTION.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Cogentrix, its managing members, licensors, officers, directors, employees, agents, trustees, subsidiaries, parent companies and affiliates (the “Indemnitees”) from and against all third party complaints, charges, claims, losses, expenses, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Site and (b) your breach of this Agreement, in each case unless caused by such Indemnitee’s misrepresentation, gross negligence, willful misconduct or fraud.
You agree that your use of this Site, the Privacy Notice and this Agreement and any disputes relating to any of them shall be governed in all respects by the laws of the State of New York. Any dispute relating to the above shall be resolved solely in the state or federal courts located in Manhattan, New York.
This Agreement is effective unless and until terminated by either you or Cogentrix. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. We also may terminate this Agreement, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to the Site. The following provisions survive the expiration or termination of this Agreement: No Offer or Advice; Forward-Looking Statements and Past Performance; Ownership; Submissions; Third Party Content; Disclaimers; Limitation of Liability; Indemnity; Governing Law; and Miscellaneous.
If a portion of this Agreement is determined to be unlawful, void or unenforceable, it will not affect the enforceability of the remaining provisions and the remaining provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or unenforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section.