Terms and Conditions of Use
Disclaimer. MCG Capital Corporation is pleased to provide you with the materials on our website for informational purposes. Please carefully read these Terms and Conditions relating to the use of our website.
By using our website, you agree to the Terms and Conditions described below. If you do not agree to the Terms and Conditions discussed here, you may not access or use this website.
MCG maintains this website from our offices in Arlington, Virginia, United States of America. This website is intended to be accessed from, and the information contained in the website is intended to be used within, the United States of America. We make no representations that this website or materials in our website are appropriate or available for access or use in other countries. If you access this website from another country, you do so on your own initiative and are responsible for compliance with laws applicable to such access.
We may revise these Terms and Conditions at any time without notice by updating this posting. You are bound by any revisions and, therefore, should periodically visit this page to review the current terms that apply to your use of our website.
Forward-Looking Statments. The statements and documents contained in (or directly accessible from) this website include forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, including statements regarding MCG’s future expectations, plans, prospects and any other statements containing the words “expect,” “anticipate,” “should,” “believe,” “hope,” “target,” “project,” “goals,” “estimate,” “potential,” “predict,” “may,” “will,” “might,” “could,” “would,” “intend,” “will enable,” “would be expected,” “look forward,” “may provide,” “could increase the likelihood” or similar terms, variations of these terms or the negative of these terms and similar expressions. These forward-looking statements involve risks and uncertainties that may cause actual results and/or performance to differ materially from any future results, performance or achievements discussed in or implied by such forward-looking statements. The risk and uncertainties include, but are not limited to, expectations regarding our results of operations, general and administrative expenses, our ability to strengthen our capital base, the carrying value of investments in our portfolio, the performance of our portfolio companies, our ability to recover unrealized losses, our ability to access alternative debt markets and additional capital, our ability to monetize assets and the related timing of such monetizations, our asset originations, the timing and sufficiency of our cash for future operations, our ability to increase our asset coverage ratio, general economic factors, regulatory matters and other factors outlined in MCG’s annual and quarterly reports which are on file with the Securities and Exchange Commission. As a result of such risks, uncertainties and factors, our actual results may differ materially from any future results, performance or achievements discussed in or implied by any forward-looking statements. Past performance is not necessarily indicative of future results. This website and the information contained herein do not constitute an offer or solicitation of an offer for sale of any securities, and none of the information contained herein is intended to be and shall not be deemed to be, incorporated into any of our securities filings or documents. We undertake no intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
Intellectual Property. All contents of this website are protected by copyright and/or other intellectual property rights, and may not be modified, distributed, posted or transmitted without our prior written consent.You may download material from our website solely for your own informational, personal and non-commercial use. No copyright notices, other intellectual property or legal notices, or other identifying information may be removed from downloaded materials. You may not download material from our website for any other purpose without our prior written consent.
MCG and the MCG logo are trademarks of MCG Capital Corporation and/or its affiliates, registered in the U.S. and/or other jurisdictions.
Other MCG product or service names or logos referenced in this document are either trademarks or registered trademarks of MCG Capital Corporation and/or its affiliates. Other trademarks and product names are the property of their respective owners. Nothing contained in our website should be construed as granting any license or right to use any trademarks or logos.
Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any documents displayed on this website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of MCG.
Submissions of Information. Any communication or material that you transmit to our site, by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, is, and will be treated as, non-confidential and nonproprietary information. MCG may use such communication or material for any purpose whatsoever including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further, MCG is free, without payment of compensation to you, to use any ideas, concepts, know-how or techniques contained in any communication or material you send to our website for any purpose whatsoever.
Concerning Your Privacy. Your privacy and the privacy of all users of this website are important to us. We may monitor access to this website. If monitored, the requesting URLs, the machine originating the request, and the time of the request, may be logged for access statistics and security purposes. By using this website, you consent to such general monitoring. For more information, please click here for our Privacy Policy.
Third-Party Links. Periodically, our website may contain links to other websites. MCG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the third-party website. MCG has no control over the content on such third-party websites and MCG does not take any responsibility or assume any liability for information contained on other websites. Your linking to any other websites is at your own risk, and you are responsible for learning about and complying with the terms of usage and other conditions posted on those websites.
Disclaimer. MCG cannot guarantee the information in this website is accurate, complete or suitable for any purpose. In addition, MCG cannot guarantee that the contents of this website have not been affected by technical malfunctions or unauthorized tampering. The contents of this website are subject to change without notice. We may alter or delete material from this website at any time.
Your use of this website and its contents is at your own risk, and neither MCG nor any party involved in creating or delivering this website shall be liable for damages of any kind that may result from access to, or use of the information contained on, this website, including, but not limited to, any such damages arising from errors or omissions, misprints, out-of-date information, inaccuracies, typographical or other errors appearing on this website, any software that may be downloaded from this website, or any damage to your computer equipment including, but not limited to, any virus that may infect your computer equipment.
MCG MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, WITH RESPECT TO THE USE OF THIS WEBSITE OR ANY INFORMATION OR SERVICES OBTAINED THROUGH THIS WEBSITE. IN NO EVENT WILL MCG, INCLUDING WITHOUT LIMITATION ITS OFFICERS, DIRECTORS, AND EMPLOYEES, BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND RESULTING DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS WEBSITE OR DEFECT IN THIS WEBSITE OR ANY INFORMATION CONTAINED IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES.
By using this website, you assume the risk that the information and materials on this website may be incomplete, inaccurate, out-of-date, or may not meet your needs or requirements.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Export of Information. The United States Export Controls laws prohibit the export of certain technical data and software to certain countries, territories and individuals. No content from this website may be downloaded or otherwise exported in violation of United States law.
Website Availability. This website may be unavailable from time to time due to mechanical, technical, software, hardware or third-party vendor failures, updating or construction. MCG cannot predict or control when such downtime may occur and cannot control the duration of such downtime. MCG may alter, suspend, or discontinue this website at any time for any reason, without notice or cost.
Miscellaneous. These Terms and Conditions are governed and interpreted pursuant to the laws of the Commonwealth of Virginia, United States of America, notwithstanding any conflict of law provisions that would dictate the application of the law of another jurisdiction. All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Arlington, Virginia, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Virginia. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, MCG shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the Eastern District of Virginia or any other court of competent jurisdiction.
If any part of these terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. MCG may, at its sole discretion and without notice, revise these terms at any time by updating this posting. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by MCG, as described above.
If you have any questions about the rights and restrictions above, please contact our Investor Relations Department.
Copyright Notice. Copyright © 2006 MCG Capital Corporation, 1100 Wilson Boulevard, Suite 3000, Arlington, VA 22209 USA All rights reserved.