Legal

Onex Corporation (“Onex”) provides this website (the “Site”) for your information purposes only. If you do not agree to these terms and conditions, you should immediately discontinue your use of the Site.

Viewing the information contained on this site may not be lawful in certain jurisdictions. In certain jurisdictions only certain categories of person may be permitted to view this information. The information published or made available via this site is not intended to be published or made available in any jurisdiction where to do so would result in the breach of any applicable law or regulation in that jurisdiction or would subject the manager, adviser, distribution adviser, placing agent or broker to any registration or licensing requirement in that jurisdiction. This site is not directed at you if we are prohibited by any law of any jurisdiction from making the information on this site available to you. You should satisfy yourself before accessing the site that you are permitted to view the information and materials on this site under the laws and regulations of your jurisdiction. Without limiting the foregoing, securities of Onex are not being offered in the United States or to U.S. persons.

This site is for informational purposes only. Nothing contained in this site constitutes investment, legal, accounting, tax or other professional advice. This site and the information contained on this site does not constitute a solicitation, offer or recommendation by Onex, any of its affiliates or any fund or other entity managed directly or indirectly by any of the foregoing, to buy or sell any securities, financial instruments, investments or other services. Decisions based on information contained on this site are your sole responsibility, and as consideration for access to this site, you agree to hold Onex and its officers, directors, managers, partners, members, shareholders, employees, affiliates and agents harmless from and against any claims whatsoever and of any nature for damages arising from any decisions that you make based on such information.

Past performance is not indicative of future results. No representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. This site contains forward-looking statements, which reflect our current views with respect to, among other things, the operations and performance of our businesses. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks, uncertainties and assumptions. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.

You may display, download or print the information displayed on the Site (the “Information”) for your own internal purposes, provided that copyright and other proprietary notices contained on such Information are not removed. You may not, however, use, reuse, repost, distribute, modify, or transmit any Information for commercial purposes by you or others or for public use, including any text, images, audio, and video without the prior written permission of Onex.
The Information is believed to be reliable when posted. However, Onex does not guarantee or warrant or make any representations concerning the quality, suitability, accuracy, completeness or timeliness of the Information provided, or that access to the Site will be uninterrupted, timely, secure or error free. Information is provided on an “as is” and “as available” basis and Onex disclaims any obligation to change or update the Information. The Information may contain technical inaccuracies or typographical errors and the Information may be changed or updated without notice.

Onex makes no representations whatsoever about any other source or website that may be referenced on or accessed through the Site. A reference or link to another source or website does not mean that Onex endorses or accepts any responsibility for the content or the use thereof. Use of any referenced, linked or other source or website is at your own risk. It is up to you to take precautions to ensure that whatever information, including the Information, that you access or download is free of viruses, worms, trojan horses and other harmful or damaging computer code.

Please be advised that the Internet is not a secure medium and privacy and confidentiality cannot be ensured. Onex is not responsible for any damages that you may suffer if you transmit confidential or sensitive information to Onex.

The Site and the Information may include information as to past or current circumstances, events, financial results or performance and statements about possible, assumed or expected circumstances, events, financial results or performance that are forward-looking in nature and subject to risks and uncertainties. Onex cautions that no such statement is a guarantee as to future matters and that actual circumstances, events, results and performance will be affected by a number of factors, many of which are beyond Onex' control, and may be materially different from what Onex currently anticipates. A non-exhaustive discussion of the types of factors that may affect future outcomes is contained in Onex' public filings with Canadian securities regulators and that discussion is expressly incorporated by reference in, and expressly, qualifies the information contained in this Site, including the Information.

This Site, including the Information, does not constitute an offer or solicitation by anyone in any jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such an offer or solicitation.

IN NO EVENT WILL ONEX BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY CLAIM OR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE INFORMATION AVAILABLE ON THE SITE OR ANY REFERENCES SOURCE OR REFERENCED OR HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER SYSTEM OR OTHER PECUNIARY LOSS, EVEN IF ONEX IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THE SITE, INCLUDING THE INFORMATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

You agree to indemnify and hold Onex, its affiliates, its and their respective limited partners, general partners and controlling persons, and the directors, officers, employees, contractors and agents of each of the foregoing harmless from all claims, liabilities, damages, losses, including reasonable legal fees and expenses, due to or arising out of your use of the Site or your breach of the terms and conditions.

Onex reserves the sole right to either modify or discontinue the Site including any features therein at any time with or without notice to you. Onex shall not be liable to you or to any third party should Onex exercise such right.

Onex reserves the right to amend the terms and conditions at any time by posting the amended terms on the Site, which posting shall constitute notice to you. All amended terms shall be effective immediately upon such notice. Your continued use of the Site after such modifications will constitute your: (a) acknowledgement of the modified terms and conditions; and (b) agreement to abide and be bound by the modified terms and conditions.

Onex is a tradename of Onex Corporation. All other tradenames, trademarks, service marks or logos found on any part of the Site are owned by their respective owners. Please note that the Site may contain other proprietary notices and copyright information that must be observed. 

Privacy
 
Onex does not collect personal information about individual users except when such personal information is provided to Onex on a voluntary basis. Personal information about individual users will not be sold or otherwise transferred to unaffiliated third parties without the approval of the user, except that Onex reserves the right to disclose such personal information: (a) to its affiliates, subsidiaries and third-party agents for purposes related to providing services associated with the Site; or (b) if such disclosure is made pursuant to a requirement or request of a government agency, subpoena or other legal proceeding or otherwise required by law.

If you choose not to provide personal information, please note that certain services associated with the Site may not be available to you, as they cannot be supplied without the personal information.

Users should also be aware that non-personal information and data may be automatically collected through the standard operation of Onex' internet servers or through the use of "cookies". "Cookies" are small text files that are used by websites to: (a) recognize repeat users; (b) track usage behaviour; and (c) compile aggregate data that will permit content improvements and targeted advertising. Users should be aware that Onex cannot control or prevent the use of cookies or any information obtained through such cookies by third parties. If a user does not want information collected through the use of cookies, most browsers permit the user to disable the cookie feature. However, users are advised that cookies may be required for the use of certain features on the Site.

© Onex Corporation, 2008. All rights reserved.