GS Fund Holding

Terms and Condition of Use

Access to the GS Fund Holdings Web site defined below is provided by GS Fund Holdings. For purposes of this agreement, “GS Fund Holdings”, “we,” “us” or “our” shall mean GS Fund Holdings & Co. LLC and its affiliates, and their officers, directors, managing directors, partners, and employees. The “GS Fund Holdings Web site” shall mean the Web site of GS Fund Holdings & Co. LLC available to the general public and located at www.gsfundholdings.com.

Monitoring by GS Fund Holdings: Your use of the products and services on this Web site may be monitored by GS Fund Holdings, and the resultant information may be used by GS Fund Holdings for its internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organization.

Information Made Available Through this Service: You are permitted to store, display, analyze, modify, reformat, and print the information made available to you via these services only for your own use. You are not permitted to publish, transmit, or otherwise reproduce this information, in whole or in part, in any format to any third party without the express written consent of GS Fund Holdings. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the information. GS Fund Holdings reserves the right, at any time and from time to time, in the interests of its own editorial discretion and business judgment to add, modify, or remove any of the information. These Terms and Conditions of Use are not intended to, and will not, transfer or grant any rights in or to the information other than those which are specifically described herein, and all rights not expressly granted herein are reserved by GS Fund Holdings or the third party providers from whom GS Fund Holdings has obtained the information. You are required to read and abide by any additional terms and conditions that may be posted on this service from time to time concerning information obtained from specific third party providers. Such third party providers shall have no liability to you for monetary damages on account of the information provided to you via this service.

No warranties made as to content; no responsibilities to update: GS Fund Holdings makes no warranty, express or implied, concerning this service. The services provided by us and our third party providers are on an “AS IS” basis at your sole risk. GS Fund Holdings expressly disclaims any implied warranty of merchantability or fitness for a particular purpose, including any warranty for the use or the results of the use of the services with respect to their correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability.

Neither GS Fund Holdings nor any of its third party providers shall have any responsibility to maintain the data and services made available on this Web site or to supply any corrections, updates, or releases in connection therewith. Availability of data and services are subject to change without notice. No determination of suitability has been made; not all risks are disclosed; private advisors should be consulted: The fact that GS Fund Holdings has made the data and services provided on this Web site available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described on this Web site is suitable or appropriate for you. Many of the products described on this Web site involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or a complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.

User Content:

a. The Web site may enable you to transmit, post, communicate or otherwise make available text, photos, videos, links, information, ideas, suggestions, content and other materials (“User Content”), including through the Web site’s interactive features or functionality, such as chat features, message boards, forums and other communications tools. User Content may be accessible to and viewable by other users of the Web site and the public. We do not claim ownership to User Content; however, by uploading or posting to the Web site, you hereby grant to GS Fund Holdings a worldwide, royalty-free, fully paid-up, nonexclusive, perpetual, irrevocable, transferable and fully sub-licensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, transmit, print, publish, distribute, index, exhibit, perform, display (publicly or otherwise), create derivative works of, adapt, modify, translate, comment on, use, analyze and otherwise exploit User Content for any purpose, including the right to use your name and likeness as contained therein, in whole and in part, in any format, media or channels now known or hereafter developed (including in connection with the Web site and on third-party applications, sites and platforms such as Facebook, Twitter and YouTube), without further notice to you and without further requirement of permission from or payment to you or any other person or entity. You acknowledge and agree that GS Fund Holdings may use any ideas, concepts, know-how or techniques contained in User Content for any purposes whatsoever, including in advertising or informational articles.

b. You are solely responsible for User Content. This means you, and not GS Fund Holdings, are entirely responsible and liable for any claims, loss or damages relating to User Content. When you post User Content, you represent and warrant you have permission to do so, including permission from any third parties whose names or likenesses are included.

c. In addition, if you provide to GS Fund Holdings any ideas, proposals, suggestions or other materials (detailed in section “e” below and referred to as “Feedback”), whether related to the Web Site, our programs or otherwise, such Feedback will be deemed to be User Content, and you hereby acknowledge and agree such Feedback is not confidential, and your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place GS Fund Holdings under any fiduciary or other obligation.

d. You represent and warrant you have all rights necessary to grant the licenses granted in this section, and User Content, and your provision thereof through and in connection with the Web site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any other rights with respect to attribution of authorship or integrity of materials regarding User Content you may have under any applicable law under any legal theory.

e. A Few Rules of the Road Regarding User Content.

GS Fund Holdings does not endorse or control User Content, so we have to ask that you follow a few rules:
1. User Content Must Comply with Our Acceptable Use Policy (as set forth below). Don’t post content or materials that are obscene or that promote illegal activity, or that defame, abuse, harass, threaten or otherwise violate the legal rights of others (including rights of privacy and publicity). Any content or materials containing things like hate speech, nudity and violence (as examples) is strictly prohibited.

2. User Content Must Be Yours. This means you have created the content or materials containing User Content and, where applicable, you must have permission from everyone whose name or likeness is contained in your content or materials to share such content or materials. User Content should not contain any visible logos, phrases or trademarks or other third-party materials. Do not post any content or materials that belong to a third party (including any content that you might have found elsewhere on the Internet).

3. User Content Must Be Accurate and Truthful. Do not impersonate any other user, person or company or upload or post any content or material that you know is inaccurate, fraudulent, or deceptive. If you are not authorized to speak on behalf of a company, please do not do so. Anything you say or post on the Web site should reflect your true opinions or experiences.

4. User Content Must Not Include Sensitive Information. Please avoid including your sensitive personal information (such as your social security number, credit card number, etc.) in any User Content posted.

5. User Content Must Not Be Commercial. Don’t post advertisements, offers, or other commercial content designed or intended to sell your or a third party’s goods or services.

f. No Obligation to Monitor User Content.
GS Fund Holdings may and expressly reserves the right (but has no obligation) to monitor, scan, intercept, review, analyze, record, store, evaluate, alter or remove User Content (and any messages, information, content or other materials sent to you, or received by you, in connection with the Web site or its features or functionalities), at any time, including while it is in transit, and before and after it is stored or made available through the Web site, and to monitor, review, analyze or evaluate your access to or use of the Web site (including any Web site features or functionalities), in each case by manual, automated or other means, and in each case for any purpose (including analytics, advertising (including sharing with ad brokers), marketing and any purposes as may be described in our Privacy Policy).

Acceptable Use:
You accept sole responsibility for all of your activities using the Web site. You may not use the Web site in a manner that:

i. Uses technology or other means not authorized by us to access the Web site or our systems;

ii. Uses or launches any manual or automated device or system, including “robots,” “spiders,” or “offline readers,” to
(a) retrieve, index, “scrape,” “data mine,” access or otherwise gather any Web site information or our systems;
(b) reproduce or circumvent the navigational structure or presentation of the Web site; or
(c) otherwise harvest or collect information about users of the Web site;

iii. Reverse engineers, decompiles or disassembles any portion of the Web site, except where such restriction is expressly prohibited by applicable law;

iv. Attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

v. Attempts to gain unauthorized access to our computer network or user accounts;

vi. Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;

vii. Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of GS Fund Holdings or any other party (including rights of publicity or other proprietary rights);

viii. Is unlawful, fraudulent, or deceptive;

ix. Attempts to damage, disable, overburden, or impair our servers or networks;

x. Reproduces, modifies, adapts, translates, creates derivative works of, sells, rents, leases, loans, timeshares, distributes or otherwise exploits any portion of (or any use of) the Service except as expressly authorized herein, without our express prior written consent;

xi. Fails to comply with applicable third-party terms; or

xii. Otherwise violates these Terms and Conditions of Use.

DMCA Notice - How to Provide Notice of Alleged Copyright Infringement:

a. You may not use the Web site for any purpose or in any manner that infringes the rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), GS Fund Holdings has a designated agent for receiving notices of alleged copyright infringement and follows the notice and take-down procedures of the DMCA. We may terminate your access to the Web site in the event of repeated violations.

b. If you believe one of our users is, through the use of the Web site, unlawfully infringing the copyright(s) in your work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the DMCA) must be provided to our designated copyright agent:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Web site are covered by a single notification, a representative list of such works on the Web site;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
(iv) information reasonably sufficient to permit us to locate such material;
(v) information reasonably sufficient to permit us to contact you, such as your address, phone number, and email address;
(vi) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vii) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

c. It is often difficult to determine if your intellectual property rights have been violated. GS Fund Holdings may request additional information before removing any allegedly infringing material. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by GS Fund Holdings in connection with the written notification and allegation of copyright infringement. GS Fund Holdings may request additional information before removing any allegedly infringing material. Please direct copyright infringement notifications to our DMCA agent at support@gsfundholdings.com“Notice of Infringement” in the subject line) or by mail to Copyright Manager, GS Fund Holdings & Co. LLC, at Plumtree Court, 25 Shoe Lane, London EC4A 4AU. (No representations made as to other sites or links: This service may provide links to certain Internet sites (the “Sites”) sponsored and maintained by third parties. GS Fund Holdings is providing such links solely as a convenience to you. Accordingly, GS Fund Holdings makes no representations concerning the content of the Sites. The fact that GS Fund Holdings has provided a link to the Site does not constitute an endorsement, authorization, sponsorship, or affiliation by GS Fund Holdings with respect to the Site, its owners, or its providers. GS Fund Holdings has not tested any information, software, or products found on any of the Sites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of the Site, or the suitability or appropriateness of the products or transactions described therein.

GS Fund Holdings International authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority: This web site is issued or approved by GS Fund Holdings International (“GSI”) which is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. GSI, whose registered office is at Plumtree Court, 25 Shoe Lane, London EC4A 4AU, appears in the FCA’s Register (Registration No. 142888). GSI is registered as a Private Unlimited Company in England and Wales (Company Number 2263951) and its VAT registration number is GB 447 2649 28.

GS Fund Holdings is subject to the rules and guidance of the PRA and FCA, details of which can be found on the FCA website at www.fca.org.uk and PRA website at www.bankofengland.co.uk/pra. The FCA is located at 12 Endeavour Square, London E20 1JN.)