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TERMS OF USE

TERMS OF USE

Notice and agreement

Ignite Luxembourg Holdings Sàrl and certain of its affiliates (collectively, “Ignite”), are providing this website to you subject to the following terms and conditions of website use (“Terms of Use”). These Terms of Use should be read carefully as they set forth the legally binding terms and conditions that govern your access to and use of this website and its contents. By using the website, you accept these Terms of Use and our Privacy Policy (separate link included below). If you do not agree to these Terms of Use for any reason, please do not continue to use this website.

These Terms of Use constitute an agreement between you and Ignite (the “Agreement”) and govern your access and use of this website. Ignite may change, add, or remove portions of the Terms of Use from time to time and any modifications will be effective immediately upon posting unless we indicate otherwise. Your use of this website indicates your full acceptance of these Terms of Use in its then current form each time you access this website. Ignite suggests that you review these Terms of Use periodically for changes.

 

Privacy Policy

Ignite recognizes the importance of privacy of the visitors to this website.  Ignite’s Privacy Policy seeks to help you understand how information is collected and used when you visit this website.

 

Ownership

This website is protected by one or more copyrights, patents, database rights, trademarks, servicemarks and/or other intellectual property and proprietary rights that are owned by Ignite and/or third parties. You may not (i) decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this Website, (ii) publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of this Website, except as explicitly permitted herein, (iii) alter or remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) this website or (iv) alter or delete any information.  Ignite reserves the right to change our permitted uses at any time.

 

Informational Purposes Only

Nothing on this website is a recommendation that you purchase, sell, or hold any security or other investment, or that you pursue any investment style or strategy. Nothing on this website is intended to be, and you should not consider anything on the website to be, investment, accounting, tax, or legal advice.

The information contained in this website may include certain historical investment performance information and forward-looking statements relating to future status or circumstances. Forward-looking statements are not guarantees of the underlying expected actions or future performance and future results may differ significantly from those anticipated by the forward-looking statements.

 

International use

In certain jurisdictions, including Australia, Canada, Hong Kong, New Zealand, South Africa and the United States of America (including its territories and possessions) or any other jurisdiction where local laws or regulations may result in a significant risk of civil, regulatory or criminal exposure if information concerning the partial cash offer by Ignite Luxembourg Holdings Sàrl for shares in RHI Magnesita N.V. is sent or made available to shareholders in that jurisdiction (together, the “Restricted Jurisdictions”), the furnishing of information contained on the pages of this website may be restricted or prohibited by applicable laws.  Users of this website are requested to inform themselves about and observe any such restrictions. In particular, the information set forth in the restricted pages of this website may not be distributed, directly or indirectly, in or to persons within a Restricted Jurisdiction.

NEITHER THE INFORMATION CONTAINED IN THIS WEBSITE NOR ANY OTHER MATERIALS RELATING TO THE CONTENT THEREOF CONSTITUTE, OR MAY BE USED IN CONNECTION WITH, AN OFFER OR SOLICITATION IN A RESTRICTED JURISDICTION OR IN ANY OTHER JURISDICTION IN WHICH SUCH OFFER OR SOLICITATION IS NOT AUTHORISED OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE SUCH OFFER OR SOLICITATION. 

The information contained the restricted pages of this website is directed solely at persons who (i) are not resident or physically present in the United Kingdom or (ii)(a) are investment professionals falling within Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (as amended, the “Order”) or (b) are persons falling within Article 49(2)(a) to (d) of the Order (high net worth companies, unincorporated associations, etc.) (all such persons under (ii) together being referred to as “Relevant Persons”).  The restricted pages of this website and the information contained therein must not be acted on or relied on by persons who are not Relevant Persons. Any investment or investment activity to which this website and the information contained herein relate is available only to Relevant Persons and will be engaged in only with Relevant Persons.

Ignite makes no representation, warranty or covenant that the material on this website is appropriate or available for use in any location.

 

Use of information and materials

Your access to this website, in full or in part, is subject to revocation by Ignite at any time, for any reason or no reason. Your right to use this website is subject to your agreement to abide by the terms hereof in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of this Website.

 

Third party links

Ignite is not responsible for information on any third-party web site that is referred to in, or accessible or connected by hyperlink to, this website. If you access any third-party website through this Site or otherwise, you do so at your own risk. Hyperlinks to or from this website do not constitute third party endorsement of, sponsorship by or affiliation with Ignite.  Ignite recommends that you review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.

 

Disclaimer of warranties

IGNITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE THAT THE LAW ALLOWS IT TO DISCLAIM. THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” IGNITE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS WEBSITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING IGNITE’S GENERAL DISCLAIMER, IGNITE DOES NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THIS WEBSITE OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CONTENT.

 

Limitation of liability

IGNITE’S LIABILITY WITH RESPECT TO THE WEBSITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL IGNITE OR ANY OF ITS AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL PUNITIVE OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THIS AGREEMENT, THIS WEBSITE OR THE INABILITY TO USE THIS WEBSITE. IGNITE’S LIABILITY IS LIMITED EVEN IF IGNITE HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES OR INJURY THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

 

Governing law and jurisdiction

YOU AGREE THAT YOUR USE OF THIS WEBSITE WILL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF ENGLAND AND WALES. YOU AGREE THAT ANY ACTION OR ANY DISCPUTE RELATING TO THE AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS OF ENGLAND AND WALES (THE “CHOSEN COURTS”) AND YOU (I) IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE CHOSEN COURTS, (II) WAIVE ANY OBJECTION TO LAYING VENUE IN ANY SUCH ACTION OR PROCEEDING IN THE CHOSEN COURTS, AND (III) WAIVE ANY OBJECTION THAT THE CHOSEN COURTS ARE AN INCONVENIENT FORUM OR DO NOT HAVE JURISDICTION OVER ANY PARTY HERETO.   THE FAILURE BY IGNITE TO ACT WITH RESPECT TO A BREACH OF THESE TERMS OF USE BY YOU OR ANY OTHER PERSON DOES NOT LIMIT IGNITE’S RIGHTS WITH RESPECT TO SUCH BREACH OR SUBSEQUENT BREACHES.