Disclaimers / Terms of Use

Please read the following important legal information carefully before using this website. These terms are a binding contract between you and Iridian Asset Management LLC, a registered investment advisor, as well as its affiliates and related persons. By using this website, you assent to the following terms of use and other conditions without limitation or qualification. If you do not agree with these terms, please do not use this website.

1. General Information.

These terms and conditions apply to Iridian Asset Management LLC, and its affiliates and related persons (“Iridian”). The information provided on this website is provided for informational purposes only. This website is not intended to provide any tax, legal, insurance or investment advice, and nothing on this website should be construed as a recommendation, by us or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. No information contained on this website constitutes an offer, or a solicitation to buy or sell any security. No security or other product is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, or other laws, of the jurisdiction. The products, services and funds referred to on this website may be offered and sold only to persons in the United States. Some products may not be available in all states. You should carefully consider Iridian’s investment goals, risks, charges and expenses before investing. For more complete information on any of Iridian’s products, please call 203-341-7800.

2. Disclaimer.

While Iridian seeks to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors for which we apologize. THE INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IRIDIAN DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. IRIDIAN DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THIS WEBSITE. IRIDIAN DOES NOT REPRESENT OR WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS OR DEFECTS ON THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE OR “BACK DOORS.”

3. Modification of Terms.

Iridian reserves the right, at its discretion, to amend, change, modify, add or remove portions of these terms at any time and without notice by updating this posting. We suggest that you check these terms periodically for changes. The terms can be accessed from the link at the bottom of our website pages. If you use this website after we post changes to the terms, you accept the changed terms. If you do not agree to these terms, you are not granted permission to use this website.

4. Trademarks and Copyrights.

Iridian Asset Management LLC is a registered trademark. Except when included in any authorized printouts of the Content, you are not authorized to make any other use of any Iridian registered trade or service marks or other proprietary Iridian marks.

Images displayed on this website are either the property of, or used with permission by, Iridian. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications or other regulations or statutes. If you download any information or software from this website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.

5. Restrictions on Use.

This website is owned and operated by Iridian. All information contained on this website is confidential and intended solely for persons who have been granted permission to use this website. Permission is granted to display and navigate around this website solely for personal, non-commercial use. Any commercial or public use of this website or any portion hereof is strictly prohibited. Except as otherwise permitted in writing by Iridian, no text, graphics, video, audio, software code, user interface design, logos or any other content of this website may be used, modified, framed, copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download material displayed on this website for personal, non-commercial use only if you preserve and retain all copyright and other proprietary notices contained on the materials. Downloading material from this website does not transfer to you any title to such material.

Iridian neither warrants nor represents that your use of materials displayed on this website or links will not infringe rights of the third parties not owned by or affiliated with Iridian.

You may not use this website in any manner that could damage or overburden any Iridian server or any network connected to any Iridian server or that could interfere with any other person’s use of the website.

6. Third-Party Content/Linked Websites.

This website may provide links to other websites for your convenience in locating related information and services. Your use of these other websites is at your own risk. Unless otherwise indicated, Iridian does not maintain these other websites and has no control over the organizations that maintain the websites or the information, products or services that these organizations provide. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Iridian. Further, Iridian does not guarantee the completeness or suitability of the information provided by these organizations for any purpose and does not recommend or endorse these organizations or their products or services in any way. Iridian shall have no liability for any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.

7. Limitation of Liability.

IRIDIAN EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS AND OMISSIONS IN THESE MATERIALS AND FOR THE USE OR INTERPRETATION BY OTHERS OF INFORMATION CONTAINED ON THE WEBSITE. IRIDIAN WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION MADE AVAILABLE TO OR BY YOU VIA THIS WEBSITE. NEITHER IRIDIAN, NOR ANY OF ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS OR EMPLOYEES, NOR ANY THIRD PARTY VENDOR RETAINED BY IRIDIAN, WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEBSITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEBSITE OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEBSITE OR THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF IRIDIAN OR OF ANY VENDOR PROVIDING SOFTWARE OR SUPPORT SERVICES FOR THIS WEBSITE. IN NO EVENT WILL IRIDIAN, ITS AFFILIATES OR ANY SUCH PARTIES BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL AND/OR ANY OTHER DAMAGES OF ANY KIND, EVEN IF IRIDIAN OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. DECISIONS BASED ON INFORMATION CONTAINED ON THIS WEBSITE ARE THE SOLE RESPONSIBILITY OF THE VISITOR, AND IN EXCHANGE FOR USING THIS WEBSITE, THE VISITOR AGREES TO HOLD IRIDIAN HARMLESS AGAINST ANY CLAIMS FOR DAMAGES ARISING FROM ANY DECISIONS THAT THE VISITOR MAKES BASED ON SUCH INFORMATION.

8. Indemnification.

You hereby agree to indemnify, defend and hold Iridian and its affiliates, trustees, directors, officers and employees harmless from and against any claims, losses, damages, liabilities or expenses (including reasonable attorneys’ fees and expenses) arising out of or resulting from your violation of any law, rule or regulation relating to your use of the website, or any breach by you of these terms of use or any of the representations, warranties and covenants made by you herein, or out of any other activity engaged in by you whatsoever. Iridian shall have the right to participate in such defense through counsel of its own choosing. In no event shall you consent to entry of judgment or enter into any settlement agreement that does not include a full release of Iridian and other affected indemnified persons or entities, nor shall you make any statement in settlement of any third party claim or proceeding in which it is alleged that your use of the website infringes a third party intellectual property right which may be construed as an admission of liability or an acknowledgment of third party rights or which may otherwise affect Iridian’s rights in or to the website without Iridian’s prior written approval.

9. Electronic Submissions & Transmittals.

Information electronically submitted to this website should be considered neither secure nor confidential. Iridian makes no representation whatsoever concerning the security or confidentiality of your electronically submitted information and specifically makes no representation that any information electronically submitted through this website will be or has been received by Iridian.

Any communications or material you transmit to this website by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary and will become the property of Iridian or its affiliates. Such communications or material may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Iridian is free to use any ideas, concepts, know-how or techniques contained in any communication you send to this website for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

Any online acknowledgments or other messages which may appear on your screen for any communications and/or information entered by you do not mean that such communications and/or information have been received, accepted or rejected by Iridian. These acknowledgments only indicate that such communications and/or information entered by you have been transmitted to Iridian or that it cannot be transmitted as sent. Your communications and/or information should not be considered confirmed until you receive confirmation from Iridian that it has received your transmittal and accepts or rejects the communications and/or information.

10. Privacy

Please click here to review Iridian’s Privacy Policy.

To enhance protection of your personal financial information and minimize your security risk, Iridian strongly recommends that you exit from your browser at the completion of your online task. In addition, Iridian recommends that you employ all reasonable and practicable means to protect the privacy of your personal information. You acknowledge that there is a risk that data, including e-mail, electronic and wireless communications and personal data, may be accessed by unauthorized third parties when communicated between you and Iridian and between you and other users. If you believe that the security of Iridian may have been breached or your information on Iridian may have been used without your authorization, please call us immediately at 203-341-7800.

11. Information for Foreign Investors.

This website and the information contained herein are intended for customers and prospective customers who are residents of the United States only. Nothing on this website shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, purchase or sale would be unlawful under the laws of such jurisdiction.

12. Governing Law.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the State of Connecticut, without giving effect to conflict of law principles thereof.

13. Integration and Severability.

If any provision of these terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions. The preceding terms of use represent the entire agreement between Iridian and the user relating to the subject matter herein.

The headings of the provisions hereof are for descriptive purposes only and will not modify or qualify any of the rights or obligations set forth in such provisions.

THE EFFECTIVE DATE OF THESE LEGAL NOTICES IS OCTOBER 17, 2008. THESE POLICIES MAY BE CHANGED FROM TIME TO TIME. WHEN A MATERIAL CHANGE IS MADE IN THESE NOTICES, THE EFFECTIVE DATE WILL BE UPDATED.