LEGAL & PRIVACY

Effective Date: April 1, 2018

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THESE “TERMS”) CAREFULLY AND THE DISCLOSURES ELSEWHERE ON www.peqm.com AND ANY PAGES THEREOF (THE "SITE"). BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE SITE, OR ANY PAGES THEREOF.

Performance Equity Management, LLC (“PEM” or “we”) offers the Site for the use of U.S. institutional investors, such as retirement plan sponsors, pension funds, endowments and foundations, only.

Changes to These Terms

The Effective Date of these Terms is set forth above.  PEM will provide advance notice of material amendments to these Terms by posting a notice on the Site.  We will not make amendments that have a retroactive effect unless we are legally required to do so or to protect other users.  Your continued use of this Site after the Effective Date constitutes your acceptance of the amended Terms. As of the Effective Date, the amended Terms supersede all previous versions of these Terms.

Not an Offer

The information on this Site is for informational purposes only.  Nothing contained in or on the Site should be construed as a solicitation of an offer to buy or offer, or recommendation, to acquire or dispose of any security, commodity, investment or to engage in any other transaction. PEM offers a number of products and services designed specifically for various categories of investors. Not all products will be available to all investors. These products or services are only offered to such investors in those countries and regions in accordance with applicable laws and regulations.

Any opinions expressed on this Site represent the current, good faith views of the author(s) at the time of publication and are provided for limited purposes, are not definitive investment advice, and should not be relied on as such. The information presented on this Site has been developed internally and/or obtained from sources believed to be reliable; however, PEM does not guarantee the accuracy, adequacy or completeness of such information.  Predictions, opinions, and other information contained on this Site are subject to change continually and without notice of any kind and may no longer be true after the date indicated. Any forward-looking statements speak only as of the date they are made, and PEM assumes no duty to and does not undertake to update forward-looking statements. Forward-looking statements are subject to numerous assumptions, risks and uncertainties, which change over time. Actual results could differ materially from those anticipated in forward-looking statements.

There is no guarantee that PEM or any of its affiliates will achieve a client’s investment objectives. There can be no assurances that PEM will be able to identify and invest in opportunities similar to those described on this Site or that such opportunities, if available, will be profitable.  Past performance should not be construed as an indicator of future performance. 

The information provided on this Site 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 applicable law or regulation.  All persons and entities accessing the Site do so on their own initiative and are responsible for compliance with applicable local laws and regulations.

About PEM and Track Record Information

PEM is an SEC - registered investment adviser, formed in 2005, that was until December 31, 2016 organized as a joint venture between General Motors Investment Management Corporation (“GMIMCo”) and certain private market investment professionals formally employed by GMIMCo (the “Founding Investment Team”). Prior to June 2005, Performance Equity was named GM Partners I, LLC (“Partners”), which, through its series, acted as the general partner or managing member of several investment funds, including certain PEM Funds. As a former affiliate, GMIMCo bears no responsibility for any track record presented on this Site, the issuance of PEM fund interests, or management of the PEM Funds.

The Founding Investment Team, GMIMCo’s Private Markets Group and its affiliate Partners and predecessors (the “Private Markets Group”) and GMIMCo’s Private Equity Investment Approval Committee and its successors and predecessors (the “PEIAC”) are collectively referred to on this Site as the “Investment Group.” From July 1, 1996 to June 21, 2005, the investment activity and track record presented on this Site are attributable to (i) the Private Markets Group, which included one or more current members of Performance Equity beginning in July 1996, (ii) the PEIAC (with respect to the GMIMCo Clients), (iii) as of March 29, 2001, with respect to PDI I, to the series of Partners which made direct investments as general partner of PDI I, (iv) as of January 30, 2004, with respect to PGFOF, to the series of Partners which made fund investments as the general partner of PGFoF, and (v) since June 21, 2005, the investment activity and track record shown in this presentation are attributable to the Founding Investment Team along with other PEM investment personnel (collectively, the “PEM Team” or “Investment Team”), with respect to the PEM Funds, and to the PEIAC with respect to the GMIMCo Clients. Unless otherwise indicated, references to 1996 are to July 1, 1996.

No Reliance

PEM and its affiliates do not assume any liability or guarantee for the timeliness, accuracy and completeness of the information provided. PEM uses reasonable efforts to obtain information from sources which it believes to be reliable; however, PEM makes no representation that the information or opinions contained on the Site is accurate, reliable or complete. The information on the Site is provided for informational purposes only and is subject to change without notice.  Updates may modify or delete features or functionality. The investments and strategies discussed in the contents may not be suitable for all investors and are not obligations of PEM or guaranteed by PEM. The investments are not bank deposits and are not insured by the FDIC or any other entity and are subject to investment risks, including the loss of the principal amount invested. Nothing contained on the Site constitutes investment, legal, tax or other advice nor is to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision.

No Warranty

Your use of the Site is at your own risk. Although we use commercially reasonable efforts to make sure that the Site are accurate and reliable, PEM does not warrant that the Site is accurate, complete, reliable or error-free.  

THE INFORMATION ON THE SITE IS PROVIDED "AS IS" AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER PEM NOR ITS AFFILIATES WARRANT THE ACCURACY OF THE CONTENT PROVIDED ON THE SITE, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EACH EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY ORAL OR WRITTEN ADVICE PROVIDED BY PEM OR ITS AGENTS DOES NOT AND WILL NOT CREATE ANY WARRANTY.

Limitations of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, PEM AND ITS AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF USE OR DAMAGE TO REAL, TANGIBLE OR INTANGIBLE PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS OF, USE OF, PERFORMANCE OF, BROWSING IN OR LINKING TO OTHER SITES FROM THE SITE.

YOU AGREE THAT PEM’S MAXIMUM LIABILITY UNDER THESE TERMS IS LIMITED TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO PEM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY AND $100.

YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED ON THIS SITE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES. ACCORDINGLY, THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU. YOU UNDERSTAND AND AGREE, HOWEVER, THAT OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that PEM would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.

California Residents: BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Intellectual Property

All information and material contained in the Site (“Content”) are provided by PEM and subject to copyright and/or trademark protection laws. PEM reserves the right to change the Content without notice.  You promise to abide by all copyright notices, trademark rules, information and restrictions contained in any Content you access through the Site.    You agree not to remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Site. No part of the Site may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying or recording, or by any information storage or retrieval system, without the express written permission of PEM. The unauthorized use of any material on the Site may violate numerous statutes, regulations and laws, including, but not limited to, copyright, trademark, trade secret or patent laws.

PEM may from time to time, in its sole discretion, develop and provide updates for the Site, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”).  Updates also may modify or delete certain Content, features and functionality.  You agree that PEM has no obligation to provide Updates or to continue to provide or enable any particular Content, feature or functionality.  

Linked Sites

 PEM may from time to time provide links to sites that may be of interest to users (“Linked Sites”). Any links from or to Linked Sites are provided merely for the convenience of the users of the Site.  PEM does not endorse, sponsor or promote any products or services offered by Linked Sites and has not passed on the merits of any information contained on Linked Sites. PEM is not responsible for the privacy practices of Linked Sites.  PEM DISCLAIMS RESPONSIBILITY FOR THE PRIVACY POLICIES AND CUSTOMER INFORMATION PRACTICES OF LINKED SITES.  

Indemnification

You agree to make PEM and its subsidiaries and affiliates whole for any and all claims, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Site or any violation of these Terms or applicable law.

Dispute Resolution

These Terms and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the State of Delaware without reference to its conflicts of laws. You acknowledge and agree that any legal action or proceeding between you and PEM for any purpose concerning these Terms shall be brought exclusively in a federal or state court of competent jurisdiction in State of Delaware.  Any claim arising out of these Terms must be brought within one (1) year of the date on which the claim arose.

YOU AND PEM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  

The United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.

Privacy

PEM seeks to protect the privacy and security of personal information that we collect and this Site.

PEM may track the number of users who visit the public areas of the Site. PEM may also record the location of your computer on the Internet for systems administrative and troubleshooting purposes and to report aggregate information. PEM may also use various technical means, including "cookies," to collect and store information about your Internet connection when you visit the Site.

A “cookie” is a small text file that is sent to or accessed from your web browser or your computer’s hard drive.  A cookie typically contains the name of the domain (internet location) from which the cookie originated, the “lifetime” of the cookie (i.e., when it expires) and a randomly generated unique number or similar identifier.  A cookie also may contain information about your computer, such as user settings, browsing history and activities conducted while using the Services. A “web beacon” (also called a pixel tag or clear GIF) is a piece of computer code that enables us to monitor user activity and website traffic. (To learn more about cookies and web beacons, visit www.allaboutcookies.org.)

PEM may use cookies to measure the number of visitors to different parts of the Site. This information helps PEM to improve the Site and make it more useful to the Site's visitors. If you would prefer not to accept cookies from the Site, you may set your browser accordingly. If you choose to disable cookies in your browser, you can still access most of the Site. Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked.  If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform.  For this reason, many website operators, including PEM, do not respond to DNT signals.

International Users

The Site is operated from offices within the United States of America. PEM does not represent that the information on the Site is appropriate or available for use in other locations.

The Site is directed at residents of the United States of America, and 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 law or regulation or that would subject PEM to any registration or other requirement within such jurisdiction or country.  You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

PEM reserves the right to limit access to the Site to any person, geographic region or jurisdiction. Unless otherwise expressly set forth on this Site, PEM makes no representations that transactions, products or services discussed on, or accessible through, the Site are available or appropriate for use in all jurisdictions or by all users, or that access by any user in the jurisdiction in which such user is located is not illegal or prohibited. Users who choose to access the Site from other locations outside the United States access it on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials on the Site under the laws of any applicable jurisdictions.

Security

PEM deploys administrative, physical and technical safeguards intended to help protect information that we collect, process and store.  Unfortunately, however, no safeguards are foolproof. Your use of the Site is at your own risk and PEM expects that you will use appropriate security measures to protect information that you process through the Site. If you believe that information you provided to us is no longer secure, please notify us immediately using the contact information provided below.

If you share your information, including, if applicable, your password information, with a third party, you do so at your own risk. By doing so, you may compromise the security of your information, including account/financial information. If you share your password information with a third party, such as an information aggregator, we may not be able to verify the user of the password information. If you choose to share your password information with a third party, including an information aggregator, we assume no liability or responsibility whatsoever for the integrity and security of that third party's information systems or the dissemination, through a third party, of any of your personal and confidential information. For security reasons, you will automatically be logged out of a password-protected site after 30 minutes of browser inactivity.

Additional Terms

Certain features of the Site may be subject to additional terms (“Additional Terms”) presented in conjunction with them.  Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Site to which they apply.  Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to the Additional Terms, then you may not use the features to which they relate.  These Terms and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of these Terms, the Additional Term will control for the features to which the Additional Terms apply.

Termination

You may stop using the Site at any time.  We also may stop providing the Site or create limits on use of the Site, whether specifically to you or generally.   These Terms automatically terminate when you fail to comply or if we reasonably believe that you have not complied with any term or condition of them. Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.  

General Legal Terms

1. These Terms contain the entire understanding by and between PEM and you with respect to the Site.

2. Your affirmative act of using and/or registering for the Site constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically

3. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us and you.

4. If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.

5. Nothing contained in these Terms will be deemed to constitute PEM or you as the agent or representative of the other or as joint venturers or partners.

6. These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns.

7. Headings and captions are for convenience only.

How to Contact Us

Performance Equity Management, LLC

5 Greenwich Office Park

Greenwich, CT 06831

(203) 742-2400 or info@peqm.com