Last Updated: 2021
Changes to the Terms
Ankura (referred to as us, our or we) may change these Terms from time to time in our sole discretion, and you are responsible for regularly checking this page each time you access the Website so you are aware of any changes. When changes are made, we will make a new copy of these Terms available at the Website. We will also update the Last Updated date at the top of these Terms. Any material changes will be effective immediately for new users of the Website and will be effective thirty (30) calendar days after posting notice of such changes on the Website for existing users. We may also require you to provide consent to the updated Terms in a specified manner before further use of the Website is permitted. If you do not agree to any change(s) of revised Terms, you shall stop using the Website. Otherwise, your continued use of the Website following the posting of revised Terms constitutes your agreement to the changes.
Accessing the Website and Account Security
We reserve the right to modify the content, features and functionality of the Website, to investigate complaints and reported violations, to shut down the Website, and to limit or deny access to the Website at any time, for any reason, without prior notice, in our sole discretion, and will not be liable in any way to you or any third party for possible consequences of such actions. You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of the Terms and comply with them. We have no obligation to provide you with any support or maintenance in connection with the Website.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. To the extent you provide any registration information, you represent and warrant that all the information you provide on the Website is correct, current and complete, and will maintain and promptly update such registration information to keep it correct, current and complete.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password or other security information. You will be solely responsible for the activities of anyone accessing the Website using a password assigned to you, even if the individual is not, in fact, authorized by you. You agree to notify us immediately of any known or suspected unauthorized access to or use of your username or password or any other breach of security and will change your password if you believe your password may have been compromised or used without authorization. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.
You agree not to use the Website (a) in violation of any provision of the Terms, (b) in any way that violates any applicable federal, state, local or international law or regulation, (c) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including, but not limited to, any junk mail, chain letter or spam or any other similar solicitation, (d) to impersonate or attempt to impersonate us, our employees, another user or any other person or entity, (e) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability, or (f) in any manner that could disable, overburden, damage, or impair the Website.
You may not (i) attempt to gain unauthorized access to the Website, or computer systems or networks connected to the Website, through hacking, password or data mining, or any other means, (ii) use any device, software or routine that interferes with the proper working of the Website, (iii) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, (iv) attack the Website via a denial-of-service attack or a distributed denial-of-service attack, (v) use bots, spiders or other automatic device, process or means for any purpose other than accessing publicly posted portions of the Website and then only in accordance with the Terms, or (vi) otherwise attempt to interfere with the proper working of the Website.
Information on the Website
The information presented on or through the Website is made available for informational purposes only. We make no representations, warranties, express or implied, as to the currency, accuracy, correctness, reliability, completeness, or adequacy of this or the contents of this Website. Information on the Website may contain errors or inaccuracies, including, but no limited to, typographical or substantive errors is not guaranteed to be complete, correct, or up-to-date. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information presented on or through the Website. Any dated information is published as of its date only, and we have no responsibility to update or amend any such information. None of the information contained in the Website constitutes a recommendation, solicitation or offer by us to buy or sell any securities or other financial instruments or provide any financial, legal, tax, investment or other advice. Some products and services described in the Website may not be available in all jurisdictions or to all clients. Any transactions listed on the Website are included only as representative transactions. Past performance is no guarantee of future results.
Certain of the information contained herein may be based upon forward-looking statements. Forward-looking statements are inherently uncertain and factors affecting the markets in general or industries or issuers in particular may cause events or results to vary from those described herein. Accordingly, you should not rely on or draw conclusions from forward looking statements. Materials on this Website are provided for informational purposes only, do not constitute legal advice, do not necessarily reflect the opinions of any employees of Ankura. This Website is not intended to create a client or other relationship between you and any employee of Ankura. Ankura is not a CPA firm, and does not provide attest services, audits, or other engagements in accordance with the AICPA’s Statements on Auditing Standards. Ankura does not provide investment or legal advice.
Ankura shall have no liability for third party content or websites linking to or framing the Website. All links to the Website must be approved in writing by us, except that we consent to links in which: (a) the link is a text-only link containing only the name Ankura, (b) the link points only to www.ankura.com and not to deeper pages, (c) when activated by a user, the link displays that page full-screen in a fully operable and navigable browser window and not within a frame on the linked website, and (d) the appearance, position, and other aspects of the link neither creates the false appearance that an entity or its activities or products are associated with or sponsored by us nor damages or dilutes the goodwill associated with our name or trademarks. We reserve the right to revoke this consent to link at any time.
Disclaimer of Warranties
THE INFORMATION, PRODUCTS AND SERVICES ON THE WEBSITE ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS AND ARE USED ONLY AT YOUR SOLE RISK, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
WE AND OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE AGENTS AND LICENSORS, EXPRESSLY DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES OR CONDITIONS WITH RESPECT TO THE WEBSITE, INCLUDING ITS CONTENT, AND ANY PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SECURITY, SAFETY, TITLE, LEGALITY OR NON-INFRINGEMENT, (B) OF ERROR-FREE OR UNINTERRUPTED USE OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE AND THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WITH REGARD TO ANY DELAY OR LOSS OF OR LIMIT ON ACCESS TO OR USE OF THE WEBSITE, (C) THAT THE INFORMATION ON THE WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS, (D) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, (E) THAT THE CONTENT OR OTHER INFORMATION ON THE WEBSITE IS TIMELY, CURRENT, ACCURATE, COMPLETE, RELEVANT OR RELIABLE, (F) RELATING TO SYSTEM PERFORMANCE AND EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE IN CONNECTION WITH ANY USE OF THE WEBSITE, AND (G) REGARDING THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, INCLUDING ITS CONTENT, OR PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE.
WE AND OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE AGENTS AND LICENSORS, SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY ANY VIRUS OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE WEBSITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY DUE TO YOUR USE OF THE WEBSITE OR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR ANY RECONSTRUCTION OF LOST DATA. EXCEPT AS OTHERWISE REQUIRED BY LAW, WE SHALL HAVE NO LIABILITY FOR LOSSES CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE TO ACT OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, YOUR INTERNET ACCESS PROVIDER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU
Limitations of Liability; Release; Limitations Period
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR OUR AND THEIR RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR LICENSORS HAVE ANY RESPONSIBILITY OF ANY KIND OR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR THAT RELATES DIRECTLY OR INDIRECTLY TO, THE WEBSITE, INCLUDING, WITHOUT LIMITATION (A) YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY RELIANCE BY YOU ON THE WEBSITE, OR INABILITY TO ACCESS THE WEBSITE, (B) ANY INFORMATION PROVIDED THROUGH THE WEBSITE INCLUDING, BUT NOT LIMITED TO, THE RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS THEREOF, (C) ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE WEBSITE, (D) ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY INFORMATION OR ANY PART OF THE WEBSITE, OR (E) THE INTERCEPTION OR USE BY THIRD PARTIES OF ANY INFORMATION YOU PROVIDE TO US.
THIS IS A COMPREHENSIVE LIMITATION OF LIABLITY THAT APPLIES TO ALL LOSSES, LIABILTIES, DAMAGES, COSTS AND EXPENSES OF ANY KIND WHATSOEVER (WHETHER DIRECT, INDIRECT, GENERAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DATA, REVENUE, BUSINESS OR SAVINGS OR OTHER ECONOMIC HARM YOU MAY INCUR OR SUFFER); WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE AND REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
IN ANY EVENT OUR LIABILITY (COLLECTIVELY WITH THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND LICENSORS) TO YOU FOR ANY REASON (REGARDLESS OF WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE) IN NO EVENT CUMULATIVELY SHALL TOTAL MORE THAN ONE HUNDRED US DOLLARS (U.S. $100.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTOIN WITH THE FOREGOING, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO YOUR ACCESS TO OR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABE LAW.
The Website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, graphics, photographs, illustrations, images, video and audio, all pages and screens, the design, selection and arrangement thereof and all related metadata), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright and other intellectual property or proprietary rights laws and treaties. You may not access, modify, copy, download, upload, post, store, reverse engineer, disassemble, decompile, distribute, transmit, display, perform, reproduce, publish, license, sell, rent, lease, assign, host, frame, create derivative works from, transfer, or otherwise use in whole or in part any part of the Website, except for the purposes expressly provided herein, without our prior written approval.
You have a limited, revocable, non-transferable, non-exclusive privilege to view and copy the publicly accessible information on the Website for your personal noncommercial use, provided (a) you do not remove or modify any copyright, trademark, or other proprietary notices or any disclosures, (b) you agree to any terms, conditions, and notices accompanying such information, and (c) you comply with all copyright and other intellectual property laws. This privilege in no way constitutes a transfer of any right, title or interest in any information you download. There are no implied licenses granted under these Terms. This privilege can be terminated by us at any time, at which time you must, at our option, return or destroy all copies of the information. This privilege is conditioned on your continued adherence to all of these Terms. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy all copies of any materials you have made.
Ankura, the Ankura logo and all other names, logos, product and service names, designs and slogans which appear on the Website are trade names and trademarks of Ankura Consulting Group, LLC. Ankura is a trade name for Ankura Consulting Group, LLC. and its subsidiaries and affiliates. You may not use any trade names or trademarks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without our prior written permission or the written permission of the third party which owns such trade names or trademarks.
Some of the information available through the Website are provided to us by third parties. These third-party materials are provided for your interest and convenience only. We do not endorse these materials or the vendors who supply them, nor do we warrant or represent that these materials are current, accurate, complete, relevant or reliable. It is your responsibility to evaluate the currency, accuracy, completeness, relevance and reliability of all information obtained or provided through the Website. You use these third-party materials at your own risk.
Information Provided by You
We respect the confidentiality of your personal information. See the Data Protection Policy for an important description of the firm’s protection and safeguarding of the confidentiality of all personal data collected, held or processed by Ankura.
You hereby indemnify and hold harmless Ankura Consulting Group, LLC and its affiliates, and their respective directors, officers, employees, affiliates, control persons, vendors, licensors and agents, from and against any and all claims, actions, proceedings, judgments, awards, losses, liabilities, damages, fees, costs and expenses (including, but not limited to, attorney’s and experts’ fees and costs) arising out of or related to (a) any breach by you of any part of the Terms, (b) any access to or use of the Website by you in violation of any rights of ours or any third party, including, but not limited to, copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, (c) any access to or use of the Website by you in violation of any applicable law, rule or regulation, (d) any unauthorized access to the Website or computer systems or networks connected to the Website, or (e) any other use or access by you (or on your behalf) of the Website. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent.
Choice of Law and Personal Jurisdiction; Jury Trial Waiver
ALL MATTERS RELATED TO THE WEBSITE OR THE TERMS AND ANY DISPUTE OR CLAIM ARISING THEREFROM OR RELATED THERETO (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS. EACH OF THE PARTIES IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) RELATED TO THE WEBSITE OR THE TERMS.
ANY CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THE WEBSITE OR THE TERMS (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) SHALL BE BROUGHT AND MAINTAINED IN ANY FEDERAL OR STATE COURT OF COMPETENT JURISDICTION SITTING IN THE COUNTY OF NEW YORK IN THE STATE OF NEW YORK OR IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, WHICH COURTS SHALL HAVE EXCLUSIVE JURISDICTION OVER THE ADJUDICATION OF SUCH MATTERS. YOU AGREE TO VENUE IN SUCH COURTS, IRREVOCABLY SUBMIT AND CONSENT IN ADVANCE EXCLUSIVELY TO SUCH JURISDICTION AND VENUE IN ANY ACTION OR SUIT COMMENCED IN ANY SUCH COURTS, AND HEREBY WAIVE IN ALL RESPECTS ANY CLAIM OR OBJECTION WHICH YOU MAY HAVE BASED UPON LACK OF PERSONAL JURISDICTION, IMPROPER VENUE OR FORUM NON CONVENIENS, ALTHOUGH WE RETAIN THE RIGHT TO BRING ANY SUIT, ACTION OR PROCEEDING AGAINST YOU FOR BREACH OF THE TERMS IN YOUR COUNTRY OF RESIDENCE OR ANY OTHER RELEVANT COUNTRY.
Full and Complete Agreement Regarding the Website
The Terms represent the complete and exclusive statement of the agreement between you and us regarding your rights to access and use the Website, and supersedes all prior agreements and representations (whether written or oral), regarding this subject matter, except as is otherwise provided herein. The Terms are in addition to, and do not nullify, any other agreement between you and us governing the conduct of your relationship with us.
No waiver, modification or amendment of any of the Terms shall be effective against us unless it is in writing and signed by one of our authorized officials. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of the Terms or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under the Terms. We do not waive any power or right under the Terms even if we do not insist on strict compliance with any of the Terms, or if we delay or fail to exercise any power or right given to us in the Terms.
All rights and remedies given to us in the Terms are cumulative and not exclusive of any other rights or remedies which we otherwise have at law or equity. The Terms shall be binding upon you and your executors, heirs, successors and assigns. The Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may assign the Terms or any of its rights or obligations to any other party. The section titles in the Terms are for convenience only and have no legal or contractual effect. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other.
If for any reason a court of competent jurisdiction finds any provision of the Terms to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect. A printed version of the Terms shall be admissible in judicial or administrative proceedings.
If you have any questions, complaints or claims with respect to the Website, please contact us at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
The communications between you and us use electronic means, whether you visit the Website or send us emails, or whether we post notices on the Website or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your statutory non-waivable rights.
Equal Employment Opportunity
Ankura is an equal employment opportunity employer. Employment opportunities at Ankura are based upon one’s qualifications and capabilities to perform the essential function of a particular job. All employment opportunities are provided without regard to race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, veteran status, disability, genetic information, or any other characteristic protected by law.
This Equal Employment Opportunity governs all aspects of employment, including, but not limited to, recruitment, hiring, selection, job assignment, promotions, transfers, compensation, discipline, termination, layoff, access to benefits and training, and all other conditions and privileges of employment.
Modern Slavery and Human Trafficking Statement 2021
Ankura Europe has a zero-tolerance approach to modern slavery. We are committed to acting ethically and with integrity in all our business dealings and relationships and to implementing and enforcing effective systems and controls to ensure modern slavery and human trafficking is not taking place anywhere in our own business or in any of our supply chains. See the full Policy.