Website Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. These Terms and Conditions of Use (“Terms”) are intended to constitute a binding agreement that conditions your use of the websites of Apollo Global Management, Inc. (together with its subsidiaries and affiliates, “Apollo”, “we”, “us” and our”), including, but not limited to, apollo.com, gwms.apollo.com, apollofunds.com, apollocref.com, midcapfinancialic.com and apolloacademy.com, and any sites that are automatically redirected to them (collectively, the “Sites”).
By using the Sites, you acknowledge that you have read these Terms and use and you agree to be bound by them without limitation or qualification. If you do not agree to these Terms, you should not access or use the Sites. Our Privacy Policy constitutes part of these Terms and is hereby incorporated by reference. Apollo reserves the right, at our discretion, to change, amend, and/or modify these Terms at any time without prior notice. The revised Terms will become effective at the time of posting, and any use of the Sites after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, do not continue to use the Sites. It is your responsibility to review these Terms periodically for changes.
Access to certain areas of the Sites may be permitted only to authorized individuals who have valid login information and a password. You are responsible for the use of your login and password, and therefore, you must take appropriate steps to protect them from unauthorized disclosure and not share them with unauthorized individuals. If you become aware of any unauthorized disclosure or access, you must immediately advise us. Further, by using or accessing this You may not violate or attempt to violate the security of the Sites. Tampering with any portion of the Sites, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Sites, whether or not through the use of agents, are prohibited and constitute a breach of these Terms.
Apollo will not treat users of the Sites as its clients by virtue of their accessing the Sites. Nothing contained in these Terms is intended to modify any other written agreement you may have with Apollo, if any, that may be in effect. In the event of any inconsistency between these Terms and any other written agreements with Apollo, the terms of the other written agreements shall control. Additional terms and conditions of use may be applicable to password-restricted areas of the Sites.
Disclaimer and Limitation of Liability
NOTHING CONTAINED IN THE SITES CONSTITUTES INVESTMENT, LEGAL OR TAX ADVICE. NEITHER THE INFORMATION, NOR ANY OPINION CONTAINED IN THE SITES CONSTITUTES A SOLICITATION, OFFER OR RECOMMENDATION BY APOLLO, ANY OF ITS AFFILIATES OR ANY FUND OR OTHER ENTITY MANAGED DIRECTLY OR INDIRECTLY BY ANY OF THE FOREGOING, TO BUY OR SELL ANY PARTNERSHIP INTEREST, SECURITIES, FUTURES, OPTIONS OR OTHER FINANCIAL INSTRUMENTS. THE INFORMATION ON THE SITES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, IS SOLELY PRODUCT-RELATED AND DOES NOT TAKE INTO ACCOUNT ANY PERSONAL CIRCUMSTANCES AND DOES NOT QUALIFY AS GENERAL OR PERSONAL INVESTMENT RECOMMENDATION OR ADVICE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE INFORMATION PROVIDED ON THE SITES AND ANY DECISIONS BASED ON SUCH INFORMATION. AS A CONDITION OF ACCESSING THE SITES, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOU AGREE TO HOLD APOLLO AND ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, STOCKHOLDERS, EMPLOYEES, AFFILIATES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.
THE SITES AND ALL INFORMATION AND MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED). APOLLO MAKES NO WARRANTY THAT THE SITES WILL BE UNINTERRUPTED, RELIABLE, ERROR-FREE, VIRUS-FREE, MALWARE-FREE, CURRENT, ACCURATE OR COMPLETE, OR WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOU AGREE THAT TEMPORARY INTERRUPTIONS OF THE SITES MAY OCCUR AND WE HAVE NO CONTROL OVER ANY THIRD PARTY NETWORKS IN CONNECTION WITH OUR SERVICES OR ANY DELAYS OR DISRUPTIONS OF NETWORK TRANSMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, APOLLO AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APOLLO AND ITS AFFILIATES SHALL NOT BE LIABLE IN ANY RESPECT FOR ANY DAMAGES WHATSOEVER ARISING FROM USE OR INABILITY TO USE THE SITES OR MATERIALS CONTAINED THEREIN (INCLUDING WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION, OR LIABILITY IN RELATION TO ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS OR THE USE OR INTERPRETATION BY OTHERS OF SUCH INFORMATION OR MATERIALS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF APOLLO, ITS AFFILIATES OR THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY (IF ANY) OF APOLLO AND ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE THE AMOUNT PAID BY YOU TO APOLLO, IF ANY, FOR YOUR ACCESS TO THE SITES. PLEASE NOTE THAT SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Restrictions on Use of Sites and Sites Materials
The Sites are offered for your personal and non-commercial use. By accessing the Sites, you are hereby granted a limited, revocable, non-exclusive, non-sublicensable, personal license to access and use the Sites for your informational purposes only. This license is subject to your compliance with these Terms, the Privacy Policy and all other posted terms and conditions on the Sites. You may not reproduce, publicly perform, publicly display or distribute any information and materials available on the Sites except as otherwise expressly authorized on the Sites, or copy, modify or make any derivative works of the Sites or information or materials available on the Sites, in whole or in part. You are prohibited from using the Sites to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper or other automated means to access or mine the Sites for any purpose without the prior written permission of Apollo. The Sites are available only for lawful purposes, and you are prohibited from using the Sites for any fraudulent or illegal purpose. This license will terminate immediately upon your unauthorized use of the Sites or any information or materials available on the Sites. All rights not expressly granted to you in these Terms are reserved.
Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials and content, that are part of the Sites are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by Apollo and/or its affiliates. No material from the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. Nothing in these Sites shall be deemed to convey upon you any right, title, or interest in any intellectual property except for the right to view and/or use the same pursuant to these Terms. Any unauthorized use of any intellectual property may constitute an infringement under applicable laws for which you shall be solely liable. You may not remove any copyright, trademark or other proprietary notice or legend contained on or printed from the Sites. You may not distribute, modify, transmit, reuse, repost, or use the content of the Sites, including, without limitation, any text, images, audio and video, for public or commercial purposes without Apollo’s written permission. Modification or use of the information or materials for any other purpose may violate the copyright, trademark and other intellectual property rights of Apollo and/or its affiliates. Apollo does not grant any license or right to use any registered or unregistered trademarks or service marks displayed on the Sites.
You agree not to: (a) “flood,” “spam,” “mailbomb” or overload any of the Sites or otherwise take any action that may result in damage, impairment or overload of any of the Sites’ infrastructure; (b) use any device, software or routine to attempt to interfere with any of the Sites’ functionality or appearance; (c) data mine, data scrape or otherwise attempt to use any software, device, tool or technique (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search any of the Sites to harvest, extract or collect information from the Sites; (d) attempt to decompile, disassemble or reverse-engineer any of the Sites’ source code or software; (e) impersonate any person or entity other than yourself or create a user account for anyone other than yourself; (f) create another user account without permission if Apollo has suspended or terminated your user account; (g) use the Sites to violate anyone’s rights or applicable laws or regulations or do anything malicious, misleading, defamatory, libelous, abusive, fraudulent, deceptive or discriminatory; (h) assist or encourage violations of these Terms, the Privacy Policy or applicable laws or regulations; (i) use any hidden text or metatags using “Apollo” or any of our trademarks, service marks or names without our prior written consent or (j) violate or attempt to violate the security of any of the Sites (including without limitation, accessing user accounts, servers or data without authorization, probing or testing the vulnerability of any of the Sites’ authentication measures, security or system infrastructure without proper authorization, or otherwise interfere with service to any user, host or network).
If you violate any part of these Terms, your permission to access or use the Sites and content of the Sites automatically terminates and you must immediately destroy any copies of such content in your possession or control. We reserve the right, in our sole discretion and without notice to you, to terminate or suspend your user account and your license to use the Sites and prevent your future access to and use of the Sites.
You agree, at your own expense, to indemnify, defend and hold harmless Apollo, its subsidiaries and affiliates, and their officers, directors, partners, managers, members, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms or the Privacy Policy, your use of the Sites or any product or service related thereto, or any of your other acts or omissions.
Jurisdictional Issues
Unless otherwise specified, the materials in or accessible through the Sites are directed at residents of the United States, its territories, possessions, and protectorates. The Sites are controlled and operated by Apollo from its offices within the State of New York, United States of America. Neither Apollo nor any of its affiliates make any representation that materials in or accessible through the Sites are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable, and warrants that they have done so. You may not use or export the information or materials in violation of U.S. export laws and regulations. The information provided in or accessible through the Sites 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 Apollo and/or its affiliates to any registration or other requirement within such jurisdiction or country.
Transmissions to and from the Sites
Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the Sites may not be secure. Any communications to Apollo should be sent to the contact information provided in the “Contact Us” section of the Sites. The Sites may allow you to upload, submit, or transmit certain information and/or materials. You are responsible for any content that you post on the Sites or submit to us via contact forms on the Sites, email, social media accounts or otherwise, including your feedback, comments, questions, ideas, suggestions, survey responses or other information or materials (“User Materials”). By uploading or otherwise posting any User Materials, you expressly represent, warrant, and covenant that: (i) you own or otherwise have all necessary rights or permission, including but not limited to copyrights, to the User Materials you provide and the rights to use it as provided in these Terms; (ii) all information you provide is true, accurate, current, and complete, and does not violate these Terms; and (iii) the User Materials will not cause injury to any person or entity. Further, by submitting any User Materials, you hereby grant to Apollo an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable license to use, display, reproduce, publish, transmit, store, modify and create derivative works of your User Material. Further, if you provide any feedback, suggestions, ideas, know-how or other information (“Feedback”) to Apollo via the Sites or otherwise, you hereby assign to Apollo all rights in the Feedback and agree that Apollo may use such Feedback for any purpose without compensation to you. Apollo will treat all User Materials and Feedback as non-confidential and non-proprietary, and you agree that you will not submit to Apollo any information considered to be confidential or proprietary. You hereby represent and warrant that any User Materials and Feedback you submit to us is either your original content or that you have obtained all necessary rights to your User Materials and Feedback, including the right to authorize us to use your User Materials and Feedback as set forth in these Terms.
Password Security and Notification
Access to certain parts of the Sites requires a login. If you have a user name, password or Personal Identification Number (PIN) for access to non-public areas of the Sites, you are solely responsible for all activities that occur in connection with your login credentials, and you agree that you will submit complete and accurate registration information as requested by the Sites’ registration forms and maintain the accuracy of this information by promptly updating your registration information with any changes. Accordingly, you should take steps to protect the confidentiality of your login credentials. You agree that you will notify Apollo immediately if you become aware of any disclosure, loss, theft or unauthorized use of your login credentials. Apollo is not responsible or liable for any liability, damages, loss or expenses arising in any way from the use of your login credentials.
Links to Other Web Sites and Services
The Sites may contain links to other websites and/or other third party content. Apollo shall not be responsible for any information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. Apollo does not review or monitor any websites linked from or to the Sites and none of them is or will be responsible for the content of any such linked websites. If you decide to access linked websites, you do so at your sole risk. Neither Apollo nor any of its affiliates are responsible for the information, materials, products or services obtained on or from such other websites, nor will any of them be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Sites and the inclusion of these links does not imply an endorsement, representation or warranty by Apollo or any of its affiliates with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites. In addition, you agree not to link any of your websites or any third-party website to any of the Sites without the express prior written consent of Apollo. Apollo reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a website from or to the Sites.
Waiver
No waiver by Apollo or any of its affiliates of any right under or term or provision of these Terms will be deemed a waiver of any other right, term or provision of these Terms at that time or a waiver of that or any other right, term or provision of these Terms at any other time.
Governing Law and Consent to Jurisdiction
THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE COMMENCED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK COUNTY, NEW YORK AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.
Business Continuity Plan Statement
Business continuity and disaster recovery are high priorities for Apollo Global Management, Inc. and its subsidiaries (“Apollo”). Apollo’s goal is to minimize downtime, facilitate timely restoration of critical services, and mitigate risks that could impact the ability to serve our clients. Apollo has established and implemented a Business Continuity Plan (“BCP”) to provide a framework to prepare Apollo in the event of extended service outages caused by factors beyond its control (e.g., natural disasters, man-made events), and to restore services to the widest extent possible in a minimum time frame. The plan includes both business-as-usual activities related to Apollo’s business continuity (e.g., planning, testing, and training) as well as a Crisis Management Plan (“CMP”) to be used in the event of a crisis situation. The goal of Apollo’s CMP is to:
- Protect and preserve human life, health, and well-being;
- Prevent or minimize loss, damage, or disruption to facilities, resources and operations;
- Stabilize the situation and administer immediate response, assessment, and management of the crisis;
- Provide essential services and operations; and
- Communicate internally with employees and externally with company vendors and stakeholders.
No contingency plan can be failsafe or provide absolute assurance that an interruption in business will not occur or that negative consequences will not ensue from a crisis or event. Because natural disasters and other disruptions are unpredictable and can change over time, a disruption may not have been fully anticipated when the BCP was originally designed or later modified. For these reasons, Apollo is committed to ensuring that its BCP is up-to-date as new information, techniques, and technologies become available. Apollo may alter, add to or eliminate certain aspects of the BCP from time to time.
Notices of Copyright Infringement
Apollo will respond to notices of alleged copyright infringement that comply with applicable law and this section of these Terms. In accordance with the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), if you believe any content accessible on the Sites infringes your copyright, you may request removal of that content from the Sites by submitting written notice, with your physical or electronic signature, to our Copyright Agent designated below that includes the following information (the “DMCA Notice”):
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
- Identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;
- Information by which we can contact you (including your name, postal address, telephone number and e-mail address);
- A statement that you have a good faith belief that the use of the content is not authorized by the copyright owner, its agent or the law (e.g., is not a “fair use”);
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
DMCA Notices may be sent to us at 9 West 57th Street, New York, NY 10019. If you knowingly materially misrepresent that any Content on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA.
General
You agree that no joint venture, partnership, employment or agency relationship exists between you and Apollo as a result of these Terms or use of the Sites.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with the Privacy Policy and other posted policies on the Sites, together represent the entire agreement between Apollo, on the one hand, and you, on the other, relating to the subject matter hereof. We may assign the Sites and our rights and duties under these Terms, the Privacy Policy and other posted policies in connection with any reorganization, change of control or asset sale in our sole discretion. No course of conduct or trade practice will be deemed to modify these Terms in any respect.
Copyright © 2021 Apollo Global Management, Inc. All rights reserved. Apollo Global Management ® is a registered trademark.
Last updated August 2022