Effective Date: January 1, 2009

PRIVACY POLICY AND TERMS AND CONDITIONS

Thank you for visiting the website of Clayton, Dubilier and Rice, LLC (“CD&R”, “we” or “us”). By using this website, you agree to abide by the following Terms and Conditions. If you do not accept these Terms and Conditions, you may not use this website. CD&R may change the Privacy Policy and/or these Terms and Conditions at any time. If we make any substantial changes to the Privacy Policy or the Terms and Conditions, we will post a notice on this website. Your use of this website following any such notice will signify and constitute your assent to such revised Privacy Policy and Terms and Conditions.

The information made available to you through this website does not constitute an offer to sell or a solicitation of an offer to purchase interests in any fund sponsored by CD&R. Any such offer or solicitation will be made only through a private offering pursuant to a confidential private placement memorandum and related subscription documents.

PRIVACY POLICY

CD&R respects the privacy of visitors to this website. This Privacy Policy governs the online information collection practices of CD&R. It outlines the types of information that we gather about you while you are using this website, and the ways in which we use and do not use this information. This Privacy Policy does not apply to information that we may collect offline and/or through other means (for example, at a live event, via telephone, or through the mail).

  1. 1. The Information We Gather and How We Use It

    1. Non-Personally Identifiable Information

      We may use non-personally identifiable information collected from you and other users to perform statistical analyses of user behavior and characteristics. These aggregated statistics may be used to improve this website and for other business purposes. For instance, when you visit this website, we collect your IP address. An IP address is associated with the access point through which you enter the Internet, and is typically controlled by your Internet Service Provider (ISP). Your IP address alone is not personally identifiable. We may use IP addresses to collect information regarding the frequency with which people visit various parts of this website.

      This website also collects information through a variety of technical methods, including, without limitation, cookies. Cookies are pieces of information that a website sends to your computer while you are viewing the website. Cookies and other technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We may use cookies to store information such as which of our web pages you have visited and other session information so that we can better understand how the website is used, resolve technical problems, monitor traffic, and enhance your experience at this website.
    2. Personally Identifiable Information

      If you voluntarily submit information to us through this website (for example, in a request for general information or through the submission of a business proposal) we may record and use any personally identifiable information that you provide, such as your name, telephone number and e-mail address. This information may be used to fulfill your request or for internal business purposes. At this time, CD&R does not provide any such information to affiliates or third parties.

      Limited Partners of CD&R and CD&R personnel may have access to our Limited Partner Reporting System. In order to obtain a user-id and password to access our Limited Partner Reporting System, you may be asked to provide us with your name, telephone number and e-mail address. We may record and use any such personally identifiable information to monitor access to our Limited Partner Reporting System and to ensure the security thereof.

      We may use service providers to operate our website and employ other third parties to perform work on our behalf, such as hosting this website or operating our Limited Partner Reporting System. These persons may have access to the personally identifiable information you submit through this website, but only for the purpose of performing their duties in connection with this website. These persons may not use your personally identifiable information for any other purpose.

      We will not provide any personally identifiable information to any other persons obtained solely through our website, except as set forth herein and except as required by applicable law, including, without limitation, disclosure required by the government or private parties in connection with a lawsuit, subpoena, investigation or similar proceeding. We may (and you authorize us to) disclose any such information in those circumstances.

TERMS AND CONDITIONS

  1. 1. Restrictions on Use of Website

    You agree not to:

    1. take any action that imposes an unreasonable or disproportionately large load on this website’s infrastructure;
    2. use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website;
    3. use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website to harvest or otherwise collect information from this website to be used for any commercial purpose;
    4. allow any other person or entity to use your user-id or password on the Limited Partner Reporting System; or
    5. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.
    6. You further agree not to violate or attempt to violate the security of this website, including, without limitation:

    7. accessing data not intended for you or logging into a server or account that you are not authorized to access;
    8. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
    9. attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, this website.

      We may investigate occurrences that may involve violations of the security of this website or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right to disclose any information about you or your use of our website in connection with any investigations by us or law enforcement authorities.

      We cannot and do not assure that other users are or will be complying with these Terms and Conditions, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

      We may change this website or delete content or features in any way, at any time and for any reason or no reason.

  2. Restrictions on Use of Materials

    Any person using this website is permitted to copy and print a minimal number of individual website pages solely for informational use. Users may also copy or print a minimal number of copies of any research or reports posted on the site solely for informational use. These copies must not alter the original website content, including, without limitation, any legal notices or legends. Our prior permission is required for (a)any commercial use of materials on this website; (b) making more than a minimal number of copies of such materials; and (c) copying portions of our website, such as by bots, robots or spiders that “harvest” the website. If you seek permission for any such use of our website, please contact us at tfranco@cdr-inc.com.
  3. Linking and Framing

    We do not permit others to link to or frame this website or any portion thereof.

    Please note that this Privacy Policy and Terms and Conditions applies only to this website and not to other websites that may be accessible from this website via hyperlink. We are responsible only for the content of our own website. We encourage you to review the privacy policies and terms and conditions of all other websites that you visit.
  4. Ownership

    All content included on this website, such as graphics, logos, articles and other materials, is the property of CD&R or others and is protected by copyright and other laws. All trademarks and logos displayed on this website are the property of their respective owners, who may or may not be affiliated with our organization.
  5. Submissions

    As our website indicates, the information on these pages is intended solely for the benefit of persons who might be aware of investment opportunities that would interest CD&R. Please be advised that any comments, suggestions, ideas or other information that you send to us through our website will not be treated as confidential, and that we will own and have the right to use them as we choose, without payment to you. CD&R’s services are provided only to a limited number of private investment funds; CD&R does not make its services available to the public.
  6. International Use

    Due to the global nature of the Internet, this website may be accessed by users in countries other than the United States. We make no warranties that materials on this website 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 website, 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.

    UK Regulation

    In the United Kingdom this website is issued by Clayton, Dubilier & Rice Limited, which is authorized and regulated by the U.K. Financial Services Authority (the “FSA”). In the United Kingdom, this website is directed only at eligible counterparties and professional clients, as defined by the FSA (together “relevant persons”). The contents of this website must not be acted on or relied on by persons who are not relevant persons. Any investment or investment activity to which this website relates is available only to relevant persons and will be engaged in only with relevant persons. None of the statements on this website excludes or restricts any duty or liability that CD&R has under the rules and regulations of the Financial Services and Markets Act of the United Kingdom.

    Clayton, Dubilier & Rice Limited
    Registered Office: Cleveland House, 33 King Street, London SW1Y 6RJ
    Registered in England No. 03553788

  7. Financial Information

    This website may contain information that includes or is based upon forward-looking statements within the meaning of federal securities laws. Forward-looking statements are made based on CD&R’s current expectations and beliefs concerning future developments and their potential effects. You can identify these statements by the fact that they do not relate solely to historical or current facts. They generally include words such as “believe”, “expects”, “anticipates”, “intends” and similar words. There can be no assurance that future developments will be in accordance with CD&R’s expectations or that the effect of future developments will be those anticipated by CD&R. The following important factors, risks, and uncertainties are among those that may affect such statements: (a) changes in performance of financial markets and interest rates; (b) development of new financial products; and (c) regulatory, accounting or tax changes that may affect the cost of, or demand for, our financial products or services. While CD&R periodically reassesses material factors, risks and uncertainties, we do not intend to revise any forward-looking statements to reflect changes in events, circumstances or expectations or to reflect the occurrence of unanticipated events after the date on which a statement is made.
  8. Limitations of Liability

    We are not responsible for any damages or injury, including, without limitation, special or consequential damages, that result from your use of (or inability to use) this website (including our Limited Partner Reporting System), including, without limitation, 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. You acknowledge that we provide the contents of this website on an “as is” basis with no warranties of any kind. Your use of this website and reliance upon any of the materials on it is solely at your own risk.
  9. Indemnity

    By accessing this website, you agree to indemnify us and our affiliates, and our and their respective partners, stockholders, members, managers, officers, directors, employees and agents (collectively, the “CD&R Indemnitees”) against, and hold the CD&R Indemnitees harmless from, any and all claims and expenses, including attorneys’ fees, arising from your use of this website. You hereby release the CD&R Indemnitees from any and all claims, demands, debts, obligations, damages (actual, consequential or special), costs and expenses of any kind whatsoever that you may have against the CD&R Indemnitees arising out of or in any way related to such disputes.
  10. Governing Law and Venue

    You agree that your use of this website and any disputes relating to this website and/or this Privacy Policy and Terms and Conditions shall be governed in all respects by the laws of the State of New York. You agree that any action at law or in equity arising out of or relating to this website and/or this Privacy Policy and Terms and Conditions shall be filed, and that venue properly lies, only in state or federal courts located in the borough of Manhattan, New York, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
  11. Miscellaneous

    Any failure or delay by us in enforcing an obligation or exercising a right under this Privacy Policy and Terms and Conditions does not amount to a waiver of that obligation, or right or any other obligation or right. If any term or provision hereof is illegal or invalid for any reason whatsoever, such term or provision will be enforced to the maximum extent permitted by law and, in any event, such illegality or invalidity shall not affect the validity of the remainder of this Privacy Policy and Terms and Conditions.
  12. Questions and Contact Information

    If you have any questions or concerns about this website and/or this Privacy Policy and Terms and Conditions email us at tfranco@cdr-inc.com, call 212-407-5200 or send your questions or concerns in writing to:

    Clayton, Dubilier & Rice, LLC
    375 Park Avenue
    18th Floor
    New York, New York, 10152

Close Window