Terms of Use

Please read the disclaimer below carefully. You must accept its terms before you can proceed.

This website for Third Point Investors Limited (the “Company”) is provided and operated by Third Point LLC (“Third Point” or “We” or “Our” or “Us”). The information on this website is directed at persons who are beneficial shareholders in the Company only and is provided for their exclusive use and benefit.

Users of this website are responsible for observing all applicable laws and regulations in their relevant jurisdictions before proceeding to access the information contained herein. By proceeding to access the information, users are deemed to be representing and warranting that the applicable laws and regulations of their relevant jurisdiction allow them to do so. No information contained on this website constitutes or would be deemed to constitute an invitation in any jurisdiction to invest or otherwise deal in the shares of the Company.

None of the information contained in this website constitutes an offer to sell or a solicitation of any offer to buy any shares in the Company in the United States or in any other jurisdiction, nor shall it, or the fact of its distribution, form the basis of, or be relied upon, in connection with any contract therefor.

The Company has not been and will not be registered under the US Investment Company Act of 1940, as amended (the “Investment Company Act”). In addition, the shares in the Company have not been and will not be registered under the US Securities Act of 1933, as amended (the “Securities Act”). Consequently, shares in the Company may not be offered, sold or otherwise transferred within the United States or to, or for the account or benefit of, US Persons (as defined in the Securities Act). No public offering of any shares in the Company is being, or has been, made in the United States.

For US regulatory reasons, US Persons who are not Qualified Purchasers (as defined in Section 2(a)(51) of the Investment Company Act) are not permitted to enter this website, and the Company is not offering any securities in the United States or to US Persons through this website. By entering this website, users are representing that they are either (i) not US Persons or (ii) a US Person who is a Qualified Purchaser.

In respect of the Criminal Finances Act 2017, which has introduced a new corporate criminal offence (“CCO”) of ‘failing to take reasonable steps to prevent the facilitation of tax evasion’, the Board confirm that they are committed to zero tolerance towards the criminal facilitation of tax evasion.

All investment is subject to risk. The value of the shares in the Company may go down as well as up. Past performance is no guarantee of future returns and there is no guarantee that the market price of the Company’s shares will fully reflect their underlying net asset value. There is also no guarantee that the Company’s investment objective will be achieved. Potential investors are advised to seek expert financial advice before making any investment decision and should be aware that they may not fully recover the amount invested.

Your use of the website https://thirdpointlimited.com/ (the “Website”) and the features of the Website are subject to the terms, conditions, policies and notices contained on this page (the “Terms of Use”), which Third Point Investors Limited and its affiliates (“Third Point” or “We” or “Our” or “Us”) may update from time to time.

Please read these Terms of Use carefully before using the Website. By accessing the Website in any way, including, without limitation, browsing the Website, using any information, and/or submitting information to us, you agree to and are bound by the terms, conditions, policies and notices contained on this page. The Website is owned and controlled by Third Point LLC and its affiliates.

The information on this website is for information purposes only. Unless specifically stated otherwise, it does not constitute an offer to purchase or sell any security or investment product, nor does it constitute professional advice. Any product and service mentioned in this website are not offered to any person or entity in any jurisdiction or country where the advertisement, offer, solicitation, provision or sale of such product and service is restricted or prohibited by law or regulation or where Third Point or the Company (collectively “the Group”) or any of its affiliates would be subject to any regulation or licensing requirement.

If you proceed to access the information included in this website, you acknowledge that you have read and agree with the above statement. Additionally, the user must notify Third Point at any time that any of the representations, warranties or agreements contained in these terms and conditions are no longer true.

Third Point reserves the right to change these Terms of Use without notice at any time. Your use of the Website after we post any changes to these Terms of Use constitutes your agreement to the changes. Any change to these Terms of Use shall be effective upon posting to the Website. Accordingly, you agree to periodically review these Terms of Use when accessing or using the Website.

You acknowledge and agree that Third Point may temporarily or permanently restrict, suspend or terminate the Terms of Use or your access to, and use of, all or any part of the Website, including any links to third-party sites, at any time, with or without cause, including but not limited to any breach of these Terms of Use as determined in Third Point’s sole and absolute discretion, and without prior notice or liability. Third Point will not be liable to you or any third party for any termination of your access to or use of the Site. Third Point reserves the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of or interactions with the Website.

PRIVACY POLICY

Third Point Investors Limited Privacy Policy and Cookies Policy apply to use of the Website, and their terms are made a part of these Terms of Use by this reference. Please read our Privacy Policy and Cookies Policy for more information about our information collection, use practices and our use of cookies. Your use of the Website signifies your consent to Third Point Investor Limited’s Privacy Policy and Cookies Policy.

LIMITED LICENSE TO USE THE WEBSITE

Third Point owns and maintains the Website. All information contained on the Website is intended solely for the use of those persons who have agreed to these Terms of Use and whose use is authorized.

Third Point grants you a limited, nonexclusive license to display and otherwise use portions of the Website solely for your own private, non-commercial, informational purposes only, and to print pages from the Website only in connection with that use. Except as described in the immediately preceding sentence, you may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Website without prior express written permission from Third Point, which may be withheld for any or no reason.

USAGE PARAMETERS. In addition to the other limitations discussed in these Terms of Use, the following requirements apply to your use of our Website:

(a) You will not use any electronic communication feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful, or that in any way violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

(b) You will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication.

(c) You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs that might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment or otherwise attempt to interfere with the proper working of the Website.

(d) You may not use the Website in any manner that could damage or overburden any Third Point server, or any network connected to any Third Point server.

(e) You may not use the Website in any manner that would interfere with any other party’s use of the Website.

(f) You may not use the Website to impersonate or attempt to impersonate Third Point, a Third Point employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

(g) You may not use, transfer, distribute or dispose of any information contained on the Website in any manner that could compete with the business of Third Point.

MEANS OF ACCESS. The Website is intended to be viewed on a conventional Web browser. Although you may use other means to access the Website, be aware that the Website may not appear accurately through other access methods, and you use them at your own risk. You are responsible for obtaining and maintaining all equipment, services and other materials that you need to access and use the Website. You may not use any data mining, robots or similar data gathering and extraction programs or methods, whether automated or manual, to access, acquire, copy or monitor any portion of the Website or any data and content found on the Website.

TIMELINESS OF CONTENT. All content on the Website are presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. You are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

AUTOMATIC DATA COLLECTION. Third Point reserves the right, but does not have the obligation, to access, archive, or monitor any use of the Website, or your use of the Website and your communications to the Website. Any personal information collected during such automatic data collection will be used in accordance with Third Point’s then-current privacy policy. By using the Website, you accept Third Point’s right to access, archive, and/or monitor usage to ensure service quality, or to evaluate the Site, the security of the Site, compliance with these Terms of Use, compliance with applicable laws, rules or regulations or for any other reason.

INTELLECTUAL PROPERTY

Copyright of all content on the Website that are provided by Third Point or its licensors, including certain graphics, photographs, images, text, software, code, screen shots, text, digitally downloadable files, trademarks, logos, service marks, product and program names, slogans, and the compilation of the foregoing, including without limitation the name or logo of Third Point, any of its affiliates and/or any other entity described on the Website (“Third Point Content”) is the property of Third Point and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws unless otherwise noted. You may imprint, copy download or temporarily store extracts from this website for your personal information and use. You may not alter or otherwise make any changes to any material that you print or download from this website, including, without limitation, removing any identifying marks or legends from such material. You may not distribute these materials to others. Any other use is prohibited unless you first request and obtain our written permission. In particular no one may copy or use a part of the website on any other website, or link any other website to this website, without the prior written permission of the Group. You may not use the website for any purpose which is unlawful, abusive, libelous, obscene or threatening. Except as specifically permitted above, nothing contained in these Terms or the Website either grants or will be construed to grant to you or any third party, by implication, estoppel or otherwise, any title or interest in, or any license or right to use or reproduce Third Point Content contained on the Website. No act of downloading or otherwise copying from the Website will transfer title to any software or material to any user hereof. Any data that you transmit to the Website becomes the property of Third Point and may be used by Third Point for any lawful purpose without restriction, subject to the Privacy Policy. Third Point reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to all material on the Website.

NO OFFER OF SECURITIES

THE WEBSITE AND THE INFORMATION INCLUDED HEREIN ARE FOR GENERAL INFORMATION PURPOSES ONLY. UNDER NO CIRCUMSTANCES SHOULD ANY MATERIAL ON THE WEBSITE BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY, FUTURE OR OTHER FINANCIAL PRODUCT OR INSTRUMENT, INCLUDING ANY INTEREST IN ANY INVESTMENT FUND SPONSORED OR MANAGED BY THIRD POINT OR ANY INVESTMENT ADVISORY SERVICES OFFERED BY THIRD POINT. ANY SUCH OFFER OR SOLICITATION CAN AND WILL BE MADE ONLY BY MEANS OF THE APPLICABLE CONFIDENTIAL OFFERING MEMORANDUM OF EACH SUCH INVESTMENT FUND OR OTHER APPLICABLE DOCUMENT, ONLY IN JURISDICTIONS IN WHICH SUCH AN OFFER WOULD BE LAWFUL AND ONLY TO INVESTORS WHO MEET THE INVESTOR SUITABILITY AND SOPHISTICATION REQUIREMENTS OF EACH SUCH INVESTMENT FUND AS DETERMINED FROM TIME TO TIME BY THIRD POINT IN ITS SOLE AND ABSOLUTE DISCRETION. [1]

[1] Such requirements may include, among other things, qualifying as an “accredited investor” within the meaning of the U.S. Securities Act of 1933, as amended; a “qualified client” within the meaning of the U.S. Investment Advisers Act of 1940, as amended; a “qualified eligible person” within the meaning of the U.S. Commodity Exchange Act, as amended; and/or a “qualified purchaser” within the meaning of the rules promulgated under the U.S. Investment Company Act of 1940, as amended. Access to information about the investment funds managed by, or advisory services offered by, Third Point is similarly limited to investors who meet the applicable investor suitability, experience and sophistication requirements. You acknowledge that participation in investment funds is speculative in nature, involves a high degree of risk and is intended only for experienced and sophisticated investors.

The Website is not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice. Nothing on the Website should be construed as a recommendation, by Third Point or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. You should consult your own investment, legal, tax and/or similar professionals regarding your specific situation and any specific decisions. The Website is not intended to be relied upon as a forecast, research or investment advice.

Although this material is based upon information Third Point considers reliable and endeavors to keep current, Third Point does not assure that this material is accurate, current or complete, and it should not be relied upon as such. Any projections, estimates, forecasts, targets, prospects and/or opinions on the Website are subject to change without notice as subsequent conditions vary, and may differ or be contrary to opinions expressed by others. Past performance is no guarantee of future results.

Certain information contained on the Website has been obtained from third-party sources, including from portfolio companies of funds managed by Third Point. While taken from sources believed to be reliable, Third Point has not independently verified such information and makes no representations about the enduring accuracy of the information or its appropriateness for a given situation. All content speaks only as of the date indicated.

The investments and strategies discussed on the Website may not be suitable for all investors and are not obligations of Third Point or guaranteed by Third Point. Third Point makes no representations that the contents are appropriate for use in all locations, or that the transactions, securities, products, instruments, or services discussed on these sites are available or appropriate for sale or use in all jurisdictions or countries, or by all investors or counterparties. By making available information on the Website, Third Point does not represent that any investment vehicle is available or suitable for any particular user. All persons and entities accessing the Website do so on their own initiative and are responsible for compliance with applicable local laws and regulations.

FORWARD-LOOKING STATEMENTS

This website includes statements that are, or may be deemed to be, “forward looking statements”. These forward looking statements can be identified by the use of forward looking terminology, including the terms “believes”, “estimates”, “anticipates”, “expects”, “intends”, “may”, “will” or “should” or, in each case, their negative or other variations or comparable terminology. These forward-looking statements include all matters that are not historical facts. They appear in a number of places throughout this website and include statements regarding the intentions, beliefs or current expectations of the Group concerning, among other things, the investment performance, results of operations, financial condition, liquidity and prospects of the Company. By their nature, forward looking statements involve risks and uncertainties because they relate to events and depend on circumstances that may or may not occur in the future. Forward looking statements are not guarantees of future performance. The Company’s actual investment performance, results of operations, financial condition and liquidity may differ materially from the impression created by the forward-looking statements contained on this website. In addition, even if the investment performance, results of operations, financial condition and liquidity of the Company are consistent with the forward-looking statements contained in this website, those results or developments may not be indicative of results or developments in subsequent periods. The Group does not undertake to update any of these forward-looking statements.

NO RELIANCE

While Third Point uses reasonable efforts to update the information contained on the Website, Third Point makes no representations or warranties as to the accuracy, reliability or completeness of any information, Third Point Content, or user content, at or on the Website. Any content of the Website is subject to change without notice. As noted above, permission by Third Point to access the Website should not be construed as, or relied upon as, investment, financial, legal, regulatory, accounting, tax or similar advice. You acknowledge that any reliance on such material or systems will be at your own risk. Third Point makes no representations regarding the amount of time that any Third Point Content or user content will be preserved.

MATERIALS TO BE CONSULTED IN THEIR ENTIRETY

Third Point does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any user content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites that contain or suggest an endorsement by Third Point without the prior review and written approval of Third Point.

All materials on the Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, hedge clauses and any copyright or proprietary notices, including those contained in these Terms of Use. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

THIRD PARTY WEBSITES

As a convenience to you, we may provide links from the Website to websites operated by other entities. Third Point does not review any of the websites that may be linked to the Website, and is not responsible for the content of off-site pages or any other website linked or linking to the Website. Third Point is not responsible for the privacy practices of such other websites. Your linking to or use of any websites other than these Website are at your own risk. Third Point’s inclusion of links to other websites does not imply any endorsement of any kind by Third Point of the material located on or linked to by such websites and should not be deemed as such by any user of the Website. Third Point disclaims any responsibility for the products or services offered or the information contained on any websites other than the Website.

BUSINESS PLANS AND OTHER INFORMATION PROVIDED BY YOU

We welcome unsolicited business plans. However, any information or materials that you consider trade secrets, confidential or proprietary should not be submitted to us. Absent an express written agreement to the contrary, any information or materials that you provide to us will not be considered confidential or proprietary, will not be returned or safeguarded, and may be used or disclosed by us for any purpose and in any manner, as we determine in our sole discretion. We reserve the right to turn down investment opportunities in our sole discretion. We receive many similar plans and ideas, and your idea may already have been submitted to us or be under consideration by us. We are not limited or restricted in any way from pursuing opportunities with others.

Our personal information collection, storage, and use policies with respect to this Website are set forth in our Privacy Policy, which is incorporated herein by reference for all purposes.

GEOGRAPHIC RESTRICTIONS

Third Point is headquartered in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. The information provided in or accessible through the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Third Point of its affiliates to any registration or other requirement within such jurisdiction or country.

NO WARRANTY

THIRD POINT AND ITS OFFICERS, DIRECTORS, MEMBERS, PARTNERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, THIRD POINT CONTENT, OR USER CONTENT AND/OR THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE WEBSITE. THE WEBSITE AND ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, AND ON AN “AS AVAILABLE” BASIS. THIRD POINT, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE WEBSITE, THIRD POINT CONTENT, USER CONTENT, ANY MATTER RELATED TO THE WEBSITE AND SUCH INFORMATION AND MATERIALS ON THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. THIRD POINT EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS AND OMISSIONS ON THE WEBSITE OR THE INFORMATION AND MATERIALS CONTAINED THEREIN.

THIRD POINT AND ITS OFFICERS, DIRECTORS, MEMBERS, PARTNERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES FURTHER ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTIES THAT, INFORMATION, SERVICES OR FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE WILL BE FREE OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS. THIRD POINT AND ITS OFFICERS, DIRECTORS, MEMBERS, PARTNERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE OR KIND TO YOUR COMPUTER, VIRUSES THAT MAY INFECT YOUR COMPUTER, OR SERVICES REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS OR USE OF THE WEBSITE.

You acknowledge that you are aware that by using the Website you may be subject to security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing and/or other security or privacy hazards.

LIMITATION OF LIABILITY; INDEMNIFICATION

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THIRD POINT OR ITS LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, MEMBERS, PARTNERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

These limitations of liability will apply regardless of: (i) any negligence or gross negligence of Third Point or any of its officers, directors, members, partners, principals, investors, agents or employees or (ii) whether the liability arises in negligence, gross negligence, strict liability, contract, tort (including negligence or gross negligence) or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose.

Your sole remedy for dissatisfaction with your use of the Website is to stop using, viewing or accessing the Website.

You hereby agree, at your own expense, to indemnify, defend and hold Third Point and its officers, directors, members, partners, principals, investors, agents and employees harmless from and against any and all liability costs incurred by these parties in connection with any claim arising out of any breach by you of these Terms of Use or any of the representations, warranties and covenants made by you herein, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required or requested in the defense of any such claim. Third Point reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Third Point.

WAIVER

No waiver by Third Point of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term, or provision of these Terms of Use at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms of Use at any other time.

INTEGRATION AND SEVERABILITY

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. These Terms of Use represent the entire agreement between Third Point and you relating to the subject matter herein.

GENERAL

Both you and Third Point acknowledge and agree that no partnership is formed and neither of you nor Third Point has the power or the authority to obligate or bind the other.

These Terms of Use are governed by the internal laws of the State of New York, without reference to its conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in the Borough of Manhattan, New York City as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Website. You hereby appoint the Secretary of State of the State of New York as your agent for service of process in any such proceeding. You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with the Website and/or these Terms of Use will be resolved individually, without resort to any form of class action. These Terms of Use operate to the fullest extent permissible by law.

Any notice to Third Point shall be given in writing and sent by registered mail to:

Third Point LLC
55 Hudson Yards 51st Floor
New York, New York 10001
IR@thirdpoint.com
212-715-3880

The failure of Third Point to comply with these Terms of Use because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Third Point, shall not be deemed a breach of these Terms of Use.

Governing Law
English law

Last Updated: November 4, 2022