Last Revised: July 31,2024
I. GENERAL
This website located at www.ecpgp.com (the “ECP Site”) is operated and owned by Energy Capital Partners Management, LP and its affiliates (collectively, “Energy Capital Partners,” “ECP,” “we,” “us” or “our”). These Terms of Use, our Website Privacy Policy (the “Privacy Policy”), our EU Website Privacy Policy (the “EU Privacy Policy”), and our California Consumer Privacy Policy (the “CCPA Policy”) as each is amended from time to time, as well as all any other rules and restrictions set forth on the ECP Site, apply to you when you view, access or otherwise use the ECP Site. “You” refers to you, as a user of the ECP Site. These Terms of Use constitute a legally binding agreement between ECP and you. By accessing or using the ECP Site, you acknowledge that you have read, understand and agree without limitation or qualification to be bound by these Terms of Use. Please read these Terms of Use carefully. If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the ECP Site and, accordingly, you should not do so.
To the extent permitted by applicable laws, ECP reserves the right in its sole discretion to change, add or remove any part of these Terms of Use, or any other terms associated with the use of the ECP Site in any way, at any time and for any reason, without notice, by updating these Terms of Use. Any changes shall become part of these Terms of Use and are effective upon posting on the ECP Site. By continuing to use the ECP Site after such changes, you are indicating your acceptance of those changes. You should consult the “Terms of Use” hyperlink on the ECP Site each time you visit the ECP Site.
This website is only intended for individuals who are at least 18 years of age. By using the ECP Site, you represent and warrant that you are of legal age to form a binding contract with ECP. If you do not meet all of these requirements, you must not access or use the ECP Site.
II. PRIVACY POLICIES
In addition to these Terms of Use, your use of and access to the ECP Site is also subject to our Privacy Policy our EU Privacy Policy, and our CCPA Policy which are incorporated by reference herein, as applicable. Our Privacy Policy our EU Privacy Policy and our CCPA Policy contain additional terms relating to our potential collection, use and disclosure of your personal information, as applicable. You agree that you have read, agreed to and understand our Privacy Policy, our EU Privacy Policy and our CCPA Policy as applicable.
III. USE OF THE ECP SITE AND SITE CONTENT
(a) License to Use the ECP Site
The ECP Site and any copyrightable materials (including but not limited to photographs, graphics, charts, images and materials), trademarks, service marks, logos and other proprietary information and materials provided hereon (collectively, “Site Content”) is owned by us or third parties and used on the ECP Site with their authorization and protected by United States and international intellectual property and other laws. We grant you a revocable, nonexclusive, nontransferable, limited right to access, use and display the Site Content for your own personal and noncommercial use only, provided that you comply fully with these Terms of Use. The use of any images displayed on the ECP Site by you, or anyone else authorized by you, is prohibited unless specifically permitted by us. You agree to use the ECP Site and the Site Content only for lawful, personal, non-commercial, and informational purposes. Except as expressly permitted herein, you may not reproduce, reuse, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post or in any way exploit (including, for the avoidance of doubt, through data mining or other data gathering tools) the ECP Site or the Site Content in any manner or for any purpose. Additionally, you may not (and may not encourage others to) violate any law, regulation, rule or the intellectual property or contractual rights of others, or use or gain access to the identities, information or computers of others, through the ECP Site. You may not attempt to violate the security of the ECP Site or transmit any virus, worm, time bomb or similar system interference or corruptant to or through the ECP Site. ECP expressly reserves all rights in the ECP Site and ECP Content that are not expressly granted under this Section. Your use of the ECP Site and ECP Content shall not assign, convey or otherwise transfer to you any rights, title or interest in or to the ECP Site or ECP Content or any parts thereof other than the license expressly granted in this Section.
(b) Website Accounts
Certain areas of the ECP Site are accessible only to limited partners of the ECP funds and their designated representatives (collectively, “LPs”), and then only by entering a validly issued username and password. You may not access any password protected areas of the ECP Site without proper authorization. By accessing the password protected areas of the ECP Site using a valid username and password, you acknowledge and agree that: (i) ECP has granted you limited access to specific information or materials relating to your investments solely for your lawful, personal, non-commercial and informational purposes; (ii) such information and materials are confidential and proprietary to ECP or its licensors; (iii) you will hold such information and material strictly confidential, and without the prior written consent of ECP, you will not disclose any such information or materials to any person or entity, use such information or materials for any purpose other than those expressly permitted by us, or copy, reproduce, or redistribute in whole or in part any of the information or materials in any manner; (iv) you will immediately return or destroy at the request of ECP all copies of such information or materials; (v) you will not share your username or password and will otherwise take reasonable steps to protect the confidentiality of your username and password, and (vi) you agree to immediately notify ECP if you become aware of any disclosure, loss, theft or unauthorized use of your username or password. LPs are also subject to the confidentiality provisions contained in the limited partnership agreement of any applicable ECP fund(s), which apply to all information and materials included in any password protected areas of the ECP Site.
ECP has the right to disable any user, whether chosen by you or provided by us, at any time in ECP’s sole discretion for any or no reason, including if, in ECP’s opinion, you have violated any provision of these Terms of Use.
The information contained in the ECP Site may include material non-public information regarding the ECP funds and their underlying portfolio companies. It is a violation of U.S. securities laws for a person in possession of material non-public information concerning an issuer to purchase or sell securities of such issuer or to communicate such information to another person under circumstances in which it is reasonably foreseeable that such person is likely to purchase or sell securities.
ECP will not be liable for any loss or damage arising from any failure to comply with this Section III(b) (or any other provisions of these Terms of Use).
(c) Copyright Protection
The ECP Site and all Site Content contained thereon is protected by copyright as a collective work under United States copyright laws, and is owned or controlled by ECP or licensed to ECP by the party identified as the provider of the applicable Site Content and ECP reserves the right to enforce its intellectual property rights in the ECP Site and the Site Content to the full extent of the law. You may download any Site Content available for download on the ECP Site only for lawful, personal, noncommercial and informational purposes, provided that such downloadable Site Content is also subject to the terms of this Section III, and provided further that you keep intact and abide by all copyright, trademark and other proprietary notices contained in such Site Content, or if none, you keep intact and abide by the following copyright and trademark notice with respect to such downloaded Site Content:
© 2012-2024 Energy Capital Partners Management, LP. The Energy Capital Partners logo and all associated trademarks and logos used herein are trademarks of Energy Capital Partners, LLC or its affiliates. Other company and product names used herein are properties of their respective owners. All rights reserved.
(d) Trademarks
“ECP,” “Energy Capital,” “Energy Capital Partners” and other marks, product names and company names appearing on the ECP Site are trademarks and service marks (“Marks”) of ECP or the respective owners of such other marks, product names or company names, as applicable, and in each case are protected by law. All Marks may be used only with the express written permission of the owner (whether ECP or otherwise). Nothing contained in these Terms of Use or anywhere on the ECP Site shall be construed as granting any license or right to use any Mark. Fair use of Marks requires proper acknowledgment in accordance with the above copyright and trademark notice.
(e) No Offers or Reliance
The information presented on or through the ECP Site is made available solely for general informational purposes in relation to ECP and its financing capabilities for prospective portfolio companies. ECP is not utilizing the ECP Site to provide investment or other advice, and no information or material on the ECP Site is intended to be a recommendation to buy or sell any securities or is to be relied on for the purpose of making or communicating investment decisions. You understand that none of the information or material on the ECP Site constitutes a recommendation that you or any other person purchase, sell or hold any security, company, investment product or other investment, or that you should pursue any investment strategy, and the information on the ECP Site is not to be relied upon for the purpose of making investment or other decisions. In addition, you understand and agree that all information on the ECP Site is published without consideration of your individual circumstances, financial, or otherwise.
You agree that the information contained on the ECP Site does not, and shall not be deemed to, constitute an offer to sell or a solicitation to any person to buy, any security, financial instrument, investment or other product or service of ECP. No action should be taken or omitted to be taken in reliance upon information on the ECP Site. You agree that you are solely responsible for any investment decisions or other determinations made, including, the evaluation of any investment or other risks, with respect to any of the information on the ECP Site. You agree to consult your own qualified professional advisors as to any particular matter or circumstance regarding the information on the ECP Site. No security, financial instrument, investment or similar product or service is offered or will be sold by ECP on this ECP Site.
ECP does not warrant that any information on the ECP Site is complete or free from error, or that such information is fully updated through any particular date. Any reliance you place on such information is strictly at your own risk. ECP disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the ECP Site, or by anyone who may be informed of any of its contents.
All material on the ECP Site is information of a general nature and does not address the circumstances of any particular individual or entity. No information or materials contained on the ECP Site should be construed or relied upon as investment, legal, tax, business, accounting or other professional advice, and you agree not to construe any information or materials contained on the ECP Site as investment, legal, tax, business, accounting or other professional advice. ECP will not treat users of the ECP Site as its partners, clients, customers or investors by virtue of their accessing the ECP Site. ECP does not solicit or offer its investment advisory services to the public.
The information on the ECP Site may include information regarding past and/or present portfolio companies or investments managed by ECP. It should not be assumed that investments made in the future will be comparable in quality or performance to the investments described herein. Past performance is not indicative, or a guarantee, of future results and 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.
Certain of the information contained in the ECP Site may include certain historical investment performance information and forward-looking statements relating to the ECP funds as well as to their underlying portfolio companies. Such information is based upon a variety of assumptions that are inherently uncertain and are subject to a wide variety of significant business, economic and competitive risks and uncertainties. Actual events are difficult to project and can be expected to depend upon factors that are beyond the control of ECP. No representation or warranty is made as to future performance or with respect to any performance information or forward-looking statements contained in the ECP Site. All forward-looking statements represent only the intent and belief of ECP as of the date such statements were made. ECP does not assume any obligation to update or otherwise revise the ECP Site to reflect actual circumstances or to reflect the occurrence of unanticipated events, even in the event that any or all of the underlying assumptions are shown to be in error. Furthermore, ECP does not intend to update the ECP Site to reflect changes in general economic or industry conditions.
Energy Capital Partners Management, LP is registered with the U.S. Securities and Exchange Commission as an investment adviser, which does not imply a certain level of skill or training.
(f) Links to Other Websites and/or Materials
Links may appear on the ECP Site that may be used to link to third party website(s) that are not owned or controlled by us (the “Linked Websites”). ECP’s decision to provide Linked Websites is in no way an endorsement of such sites. Linked Websites are provided solely as a courtesy to our ECP Site visitors. ECP reserves the right to add, change, decline or remove any Linked Website at any time. When you click on a link to another Linked Website you will be leaving the ECP Site. ECP does not monitor and has no control over, and assumes no responsibility for (i) the materials, information, goods or services available or contained on the Linked Websites or (ii) any privacy or other practices of the Linked Websites. If you decide to access any of the Linked Websites, you do so at your sole risk and you expressly relieve ECP of any and all liability arising from your use of the Linked Websites. Accordingly, ECP encourages you to read the terms and conditions and privacy policies of the Linked Websites that you visit.
IV. DISCLAIMERS AND LIMITATION OF LIABILITY
(a) No Express or Implied Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE ECP SITE AND SITE CONTENT IS AT YOUR OWN RISK AND THE ECP SITE AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE. NEITHER ECP, ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS OF SITE CONTENT, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY, INCLUDING ECP, THE “ECP PARTIES”), MAKES ANY WARRANTY WHATSOEVER, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OR NON-INFRINGEMENT, OR THAT THE ECP SITE WILL BE UNINTERRUPTED OR ERROR FREE OR IS SECURE, FREE FROM BUGS, VIRUSES, THEFT OR DESTRUCTION; NOR DO THE ECP PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ECP SITE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED ON OR THROUGH THE ECP SITE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE ECP SITE OR ANY SITE CONTENT OBTAINED THROUGH OR DOWNLOADED FROM THE ECP SITE REMAINS WITH YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
(b) Limitation of Liability
THE ECP PARTIES DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE AND SITE CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ECP PARTIES ARE NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE ECP SITE OR SITE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THE ECP SITE OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ECP PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSS) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE ECP SITE, OR THE BREACH OF ANY REPRESENTATION OR WARRANTY, WHETHER AS A BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY INJURY OR DAMAGE OF ANY KIND, INCLUDING TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, RESULTING FROM ANY MISTAKES, INTERRUPTION, OMISSION, DELETION OR OTHER DATA LOSS, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, COMPUTER VIRUS, FILE CORRUPTION, NETWORK OR SYSTEM OUTAGE, COMMUNICATION-LINE FAILURE, BROWSING, DOWNLOAD OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. THE ECP PARTIES SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE USER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, OR OTHER CLAIMS, LOSSES OR DAMAGES OF ANY KIND, WHETHER OR NOT ECP HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS, LOSSES OR DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions the ECP Parties’ liability is limited to the extent permitted by law, thereby minimizing the ECP Parties’ liability to you to the lowest amount permitted by applicable law. In no event shall our total liability to you for all damages, losses and causes of action exceed the amount paid by you, if any, for accessing this website.
As consideration for access to the ECP Site, you agree you will be solely responsible for, and that you will defend, indemnify and hold the ECP Parties harmless from and against any and all claims, demands, damages, losses, liabilities, settlements, costs and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action including but not limited to actions by third parties against you or any of the ECP Parties (i) arising from any alleged breach by you of these Terms of Use, (ii) out of or in connection with any decisions that you make based on the information or materials contained on the ECP Site, (iii) your infringement of any intellectual property owned by ECP or provided on the ECP Site, or (iii) otherwise arising from or relating to your use of the ECP Site, or your violation of the ECP Site policies. The ECP Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify the ECP Parties for all liabilities, losses, or damages. You agree to provide the ECP Parties with whatever cooperation they reasonably request.
V. MISCELLANEOUS
(a) Assignment and Transfer
You may not assign or otherwise transfer these Terms of Use or your rights or obligations under it without ECP’s prior written consent, and any attempted assignment or other transfer in violation of this provision shall be null and void. ECP may assign these Terms of Use or any rights under these Terms of Use without your content and without notice.
(b) Termination
Any rights granted to you by these Terms of Use terminate immediately upon any violation by you of the Terms of Use. We further reserve the right, in our sole discretion, to temporarily or permanently discontinue your access to use of the ECP Site, without notice or liability. We will not be liable to you or any third party for any termination of your access to the ECP Site.
(c) Limitation on Time to File Claim
Any cause of action or claim you may have arising out of or relating to these Terms of Use or the ECP Site or ECP Content must be commenced within one (1) year after the cause of action accrues or the shortest time permitted by applicable law.
(d) Governing Law and Jurisdictional Issues
These Terms of Use are governed in all respects by the substantive laws of the State of New York and of the United States of America. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. The ECP Site is hosted in the United States of America, and ECP makes no representations that any Site Content on the ECP Site is appropriate or available for use in other locations. Those who choose to access the ECP Site from other jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the ECP Site from any territory where the content is illegal is prohibited. ECP reserves the right to limit access to the ECP Site to any person, geographic region or jurisdiction.
You acknowledge that any software which may be available or provided to you on this ECP Site may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States and other countries and jurisdictions. You hereby agree that you will not transfer or export such software or technology in violation of such applicable export control laws and regulations. We do not authorize the downloading or exportation of any software, technology technical data or materials from this ECP Site to any jurisdiction prohibited by such export control laws and regulations.
(e) Suggestions and Feedback
ECP welcomes feedback or inquiries about our products and services. Any unsolicited suggestions will be treated as non-confidential and non-proprietary to you, but ECP reserves the right to treat such suggestions as confidential and proprietary to ECP. Any and all rights to materials and ideas submitted to us become the exclusive property of ECP. Such information (other than personal data or information, which is collected, stored and disclosed in accordance with our Privacy Policy our EU Privacy Policy and CCPA Policy as applicable) may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting, without remuneration, compensation or attribution to you, provided that ECP is under no obligation to use such feedback. We are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us via the ECP Site or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
(f) Electronic Communications
When you visit the ECP Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You can opt out of receiving such communications at any time by contacting us at: [email protected]. We may communicate with you by email or through other electronic means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(g) Interpretation and Entire Agreement
These terms and conditions, together with our Privacy Policy, our EU Privacy Policy and our CCPA policy as applicable, form the complete and exclusive agreement between you and ECP with respect to your use of the ECP Site, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and ECP relating to such matters. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall neither be considered part of these Terms of Use nor affect the interpretation of these Terms of Use. If any provision of these Terms of Use shall be unlawful, invalid, 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.
(h) No Agency
No agency, partnership, joint venture, or employment is created as a result of your use of the ECP Site, and you do not have any authority of any kind to bind the ECP Parties in any respect whatsoever.
(f) Contact Us
If you have any questions, comments or concerns regarding these Terms of Use or the ECP Site, please send an email to: [email protected].
