TERMS OF USE AGREEMENT
Effective Date: January 14, 2024
By using this website (“Website”), you are agreeing to be bound by this Terms of Use Agreement (“Agreement”). If you do not agree with the terms of this Agreement, you are not allowed to use this Website and should immediately terminate such usage. This Agreement governs all use of this Website unless other terms and conditions expressly govern.
This Website, tpgexposed.org, exactechexposed.org, donnahendricksedwardsexposed.org and lorencejonbielbyexposed.org are owned and operated by Ceres Business Consulting, LLC (“Ceres”, “we”, “us” and “our”). Ceres has no affiliation with: TPG; Exactech, Inc.; Attorney Donna Hendricks Edwards, General Counsel and Senior Vice President, Legal, Exactech, Inc.; Attorney Brian C. Danahy, Associate General Counsel and Chief Compliance Officer, Exactech, Inc.; Jessica Vermillion, Former, Compliance Director, Americas, Exactech, Inc. now purported Manager, Life Sciences Compliance & Risk Management, Deloitte Risk and Financial Advisory Services; Attorney Lorence “Lo” Jon Bielby, Shareholder, Greenberg Traurig, LLP; Deloitte; University of Florida; University Athletic Association, Inc.; Greenberg Traurig, LLP; nor their subsidiaries or affiliates.
TERMS OF USE AGREEMENT
1. Changes to Agreement
We may change the terms of this Agreement at any time without notification other than posting such changes to this Website, which you can access at any time by going to the Terms of Use link at the footer of this Website. By using this Website after changes are made to this Agreement you signify that you agree to be bound by such changes.
2. Privacy and Your Account
Information about you is subject to our Privacy Policy. Your information may be stored and processed in the United States or any other country in which Ceres has relationships, and by using this Website, you consent to the transfer of information outside of your country.
3. Limitations on Use
The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, promotions and all other protectable intellectual property unique to this Website, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the “Content”) available on this Website are our property and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not use, sell, publish, distribute, retransmit, or otherwise provide access to the Content received by accessing this Website to anyone, with the exception of occasional personal use and distribution of the Content as permitted by copyright laws.
4. Additional Restrictions on Use of the Content
You agree not to rearrange or modify the Content available on this Website. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product, or service, except as otherwise expressly permitted by this Agreement. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to this Website, or any Content contained thereon and/or the use of WebCrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on this Website is permitted, provided you otherwise comply with the terms of this Agreement.
You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with this Website. You may not access parts of this Website to which you are not authorized or attempt to circumvent any restrictions imposed on your use or access of this Website.
You may not use the Content in any commercial product or service without our express written consent. You may not create apps, extensions, or other products and services that use our Content without our permission. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same. You may not access or view this Website with the use of any scripts, extensions, or programs that alter the way this Website is displayed, rendered, or transmitted to you without our written consent.
You agree not to use this Website for any unlawful purpose. We reserve the right to restrict your access to this Website if, in our opinion, your use of this Website may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Agreement.
5. User Generated Content
5.1 Third-Party Content. We may offer you the opportunity to comment on and engage in discussions regarding our Content and we may post other third-party content to this Website. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities and third-party content that we add to this Website (“Third-Party Content”) and is subject to various terms and conditions as set forth below.
5.2 Cautions Regarding Other Users and Third-Party Content. You understand and agree that Third-Party Content includes information, views, opinions, and recommendations of many individuals and organizations on this and other websites to which this Website references and is designed to help you gather the information you need to help you make your own decisions. Importantly, you are responsible for your own decisions, including, but not limited to, employment, union affiliation, protest participation, boycotts, investments, acquisitions, and for properly analyzing and verifying any Third-Party Content you intend to rely upon. We do not endorse any recommendation or opinion within Third-Party Content nor do we routinely screen, edit, review, or independently verify Third-Party Content. However, we reserve the right to monitor or remove any Third-Party Content from this website at any time without notice. Be advised that Third-Party Content may be inaccurate, misleading, deceptive or in error.
5.3 Grant of Rights and Representations by You. If you upload, post or submit any Third-Party Content on this Website, you represent to us that you have all the necessary legal rights to upload, post or submit such Third-Party Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on this Website, you grant Ceres, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable right and license to use, distribute, publicly perform, display, translate, adapt reproduce, and create derivative works from your Third-Party Content in any and all media or technology, now known or later developed, in any manner, in whole or part, with or without attribution, without any duty to compensate you.
You waive all moral rights you may have in any Third-Party Content. You agree that we may modify or alter your Third-Party Content without seeking further permission from you. You also grant us the right to authorize the use of Third-Party Content, or any portion thereof, by other users in accordance with the terms and conditions of this Agreement, including the rights to feature your Third-Party Content specifically on this website and to allow other users to request access to your Third-Party Content. You agree that you are financially responsible for any claim against us arising from any Third-Party Content you create.
5.4 Removal of Third-Party Content. We may also remove any Third-Party Content for any reason and without notice to you. This includes all materials related to your use of this Website, including postings, profiles or other personalized information you have created while on this Website.
6. Third-Party Websites, Services and Software
YOUR ACCESS TO, AND USE OF THIS WEBSITE AND THE CONTENT AVAILABLE ON THIS WEBSITE IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, OF FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GIVE PROFESSIONAL ADVICE OR ADVOCATE FOR OR AGAINST THE PURCHASE OR SALE OF ANY SECURITY OR ENTITY.
CERES MAKES NO CLAIM THAT ANY ACT BY A TPG/EXACTECH EMPLOYEE OR BOARD MEMBER RELATED TO RACE, SEX OR SEXUAL ORIENTATION, NOR ANY LACK OF IMMEDIATE OR REASONABLE RESPONSE BY TPG/EXACTECH TO ADDRESS ANY SUCH ACT, WAS A VIOLATION OF ANY LAW, INCLUDING THOSE BASED ON HOSTILE WORK ENVIRONMENT OR QUID PRO QUO; NOR THAT TPG/EXACTECH FAILED TO TIMELY REMEDIATE ANY ACT THAT MAY HAVE CONTRIBUTED TO THE DEPRESSION, MENTAL STATE, OR DEATH BY SUICIDE OF ANY TPG/EXACTECH EMPLOYEE; NOR THAT THE ACTIONS OF TPG/EXACTECH VIOLATED TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, 42 U.S.C. §§ 2000E – 2000E17 (AS AMENDED) OR ANY OTHER LAW.
PARAGRAPH 8 OF THIS AGREEMENT DESCRIBES POSSIBLE ACTS OF SEXUAL HARASSMENT BY A HIGH-RANKING TPG/EXACTECH EXECUTIVE UPON MULTIPLE FEMALE EMPLOYEES IN THE COURSE OF VARIOUS PURPORTED SEXUAL AFFAIRS. CERES CONSIDERS THESE FEMALES TO BE VICTIMS AND THEREFORE DOES NOT INTEND TO INCLUDE THEIR NAMES ON THIS WEBSITE AS IT RELATES TO THE PURPORTED SEXUAL AFFAIRS. WE RESERVE THE RIGHT TO REDACT OR REMOVE THEIR NAMES FROM SOCIAL MEDIA POSTS THAT APPEAR ON THIS WEBSITE AND ALSO BLOCK LINKS ON THIS WEBSITE TO THIRD-PARTY SOCIAL MEDIA POSTS THAT INCLUDE THEIR NAMES OR OTHER IDENTIFYING INFORMATION. HOWEVER, CERES MAY DISCLOSE THE NAMES OF THE VICTIMS TO THE PUBLISHER OF THE INVESTIGATIVE NEWS JOURNAL AND OTHER THIRD PARTIES WHEN DUE DILLIGENCE IS REASONABLY REQUIRED OF SUCH PARTIES. DESPITE OUR EFFORTS TO PROTECT THE FEMALE VICTIMS, IT APPEARS NUMEROUS TPG/EXACTECH EMPLOYEES ARE AWARE OF THE IDENTITY OF THE EXECUTIVE AND THE FEMALE VICTIMS AND THE PURPORTED CIRCUMSTANCES SURROUNDING THESE ACTS. THESE EMPLOYEES AND OTHER INDIVIDUALS MAY PUBLISH THE EXECUTIVES NAME AS WELL AS THE NAMES OF HIS FEMALE VICTIMS. THUS, THESE VICTIMS MAY BE DISCLOSED IN THIRD-PARTY PUBLICATIONS INCLUDING SOCIAL MEDIA.
ANY REFERENCE TO SUPERLATIVES OR MEASUREMENTS INCLUDING THOSE OF CENTRAL TENDENCY, PROBABILITY, ETC. INCLUDING, BUT NOT LIMITED TO, TERMS OR FORMS OF WORDS SUCH AS “COMMON”, “USUAL”, “NORMAL”, “LIKELY”, “CERTAINLY”, “EXACTLY”, “RARE”, “HIGH”, “LOW”, “LONG”, “SHORT”, INCLUDING COMPARISONS TO THEM AND THEIR OPPOSITES, ARE BASED ON OUR SENSE AND MAY NOT NECESSARY CONFORM TO A STATISTICAL ANALYSIS. THE WORD “MANY” IS USED IN A RELATIONAL DATA CONTEXT REPRESENTING ANY VALUE GREATER THAN ONE. ANY STATEMENT BY US THAT PURPORTS ANOTHER PERSON, GROUP, LEVEL OF MANAGEMENT, OR ENTITY HAD KNOWLEDGE OF PARTICULAR INFORMATION, CIRCUMSTANCES, EVENTS, ETC., MAY BE BASED ON INFORMATION THAT AN ASSOCIATED MEMBER PARTICIPATED IN OR WITNESSED THE EVENT OR OUR SENSE THAT THE PERSON OR ENTITY SHOULD HAVE KNOWN. WE HAVE NO KNOWLEDGE OF ANY CLINICAL DIAGNOSIS OF ALCOHOLISM, DEPRESSION OR SUICIDAL TENDENCY RELATED TO ANY TPG/EXACTECH EMPLOYEE.
“TPG/EXACTECH” REFERS TO TPG AND/OR EXACTECH. THUS, TPG AND EXACTECH MAY BE USED INTERCHANGEABLY. “TPG/EXACTECH EMPLOYEE” AND SIMILAR REFERENCES INTERCHANGEABLY REFER TO CURRENT AND FORMER TPG/EXACTECH EMPLOYEES. CERTAIN CONTENT ON THIS WEBSITE AND THIRD-PARTY CONTENT POSTED TO THIS WEBSITE REFERENCING TPG, EXACTECH OR TPG/EXACTECH MAY PREDATE THE ACQUISITION OF EXACTECH BY TPG AND MAY BE PROVIDED FOR HISTORICAL PERSPECTIVE. ANY STATEMENT REFERENCING THE THEN CURRENT TIME OR DATE OF AN EVENT, WHETHER SPECIFICALLY OR BY IMPLICATION, IS AS OF THE TIME OF THE EVENT, WHICH MAY NOT ALIGN WITH OTHER RELEVANT DATES INCLUDING THE DATE THE USER READ THE STATEMENT. FOR EXAMPLE, HYPOTHETICALLY, A STATEMENT PUBLISHED TO THE WEBSITE SUGGESTING A MANAGER WAS DISCIPLINED BY HR AND LATER TERMINATED MAY NOT ACCOUNT FOR THE FACT THAT THE BOARD CHAIRMAN LATER ORDERED THE TERMINATION BE OVERTURNED, AND THE MANAGER BE REHIRED AND PROMOTED. INFORMATION REFRENCED ON THIS WEBSITE MAY HAVE A MATERIAL ADVERSE EFFECT ON TPG AND EXACTECH, THUS MAY HAVE BEEN THE SUBJECT OF A MATERIAL IMPACT STATEMENT OR OTHERWISE DISCLOSED BY EITHER COMPANY.
ANY REFERENCE TO TPG/EXACTECH SENIOR MANAGEMENT HAVING KNOWLEDGE OF ANY INFORMATION INCLUDES INCIDENCES WHEN SENIOR MANAGEMENT WAS PURPORTEDLY AT LEAST ONE OF THE INDIVIDUALS THAT COMMITTED THE ACT OR WAS PRESENT WHEN THE ACT WAS COMMITTED.
THIRD-PARTY CONTENT, AS DEFINED BELOW, POSTED TO THIS WEBSITE OR REFERENCED BY THIS WEBSITE REPRESENTS THE OPINION OF THE ORIGINAL AUTHOR AND IS NOT ENDORSED OR APPROVED BY US, NOR IS IT NECESSARILY REPRESENTATIVE OF OUR OPINION. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR LEGAL, ACCOUNTING AND INVESTMENT ADVICE. UNLESS OTHERWISE SPECIFIED, ANY REFERENCE TO AN INVESTIGATION INTO WRONGDOING SHALL BE REGARDED AS NON-GOVERNMENTAL.
YOU AGREE THAT OUR AUTHORSHIP ON THIS WEBSITE IS NOT INTENDED AS PROFESSIONAL ADVICE, GUIDANCE OR FACTUAL INFORMATION BUT INSTEAD, REPRESENTS THE OPINION OF CERES. SUCH AUTHORSHIP MAY INCLUDE, BUT IS NOT LIMITED TO, NARRATIVES, MENU TITLES, ARTICLE TITLES, COMMENT TITLES, SUBSCRIPTS, CAPTIONS AND OTHER CONTENT. IN SOME CASES, OUR AUTHORSHIP MAY REFER TO, BUT NOT DIRECTLY QUOTE A THIRD-PARTY AUTHOR’S STATEMENT (E.G. A TITLE ON THIS WEBSITE MAY BE A DESCRIPTIVE TITLE AUTHORED BY US BASED ON A THIRD-PARTY AUTHOR’S STATEMENT, IN WHICH CASE THE TITLE AUTHORED BY US WILL NOT MATCH THE TITLE BY THE ORIGINAL AUTHOR).
INDIVIDUALS, ORGANIZATIONS AND ENTITIES REFERENCED BY US DIRECTLY, BY TITLE, IMPLICATION OR OTHERWISE, AS HAVING A CURRENT OR PAST RELATIONSHIP WITH ANOTHER INDIVIDUAL, ORGANIZATION, OR ENTITY, IS BASED ON A STATED, IMPLIED, COMMONLY REFERENCED OR PREVIOUS RELATIONSHIP BETWEEN THE PARTIES AND/OR OUR INTERPRETATION OF THE EXISTENCE OF THEIR CURRENT OR PAST RELATIONSHIP, WHICH MAY BE CHANGED OVER TIME. SUCH RELATIONSHIP MAY NOT BE LEGAL OR FORMAL IN NATURE. WE HAVE NOT UNDERTAKEN AN INDEPENDENT VERIFICATION OF ANY INDIVIDUAL’S TITLE OR RELATIONSHIP.
7. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
YOUR ACCESS TO, AND USE OF THIS WEBSITE AND THE CONTENT AVAILABLE ON THIS WEBSITE IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OF FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GIVE PROFESSIONAL ADVICE OR ADVOCATE FOR OR AGAINST THE PURCHASE OR SALE OF ANY SECURITY OR ENTITY INCLUDING, BUT NOT LIMITED TO, EXACTECH, INC.
ANY CONTENT REFERENCE TO SUPERLATIVES OR MEASUREMENTS INCLUDING THOSE OF CENTRAL TENDENCY, PROBABILITY, ETC. INCLUDING, BUT NOT LIMITED TO, TERMS OR FORMS OF WORDS SUCH AS “COMMON”, “USUAL”, “NORMAL”, “LIKELY”, “CERTAINLY”, “EXACTLY”, “RARE”, “HIGH”, “LOW”, “LONG”, “SHORT”, INCLUDING COMPARISONS TO THEM AND THEIR OPPOSITES, ARE BASED ON OUR SENSE AND MAY NOT NECESSARY CONFORM TO A STATISTICAL ANALYSIS. ANY STATEMENT BY US THAT PURPORTS THAT ANOTHER PERSON OR ENTITY HAD KNOWLEDGE OF PARTICULAR INFORMATION, CIRCUMSTANCES, EVENTS, ETC., MAY BE BASED ON OUR SENSE THAT THE PERSON OR ENTITY SHOULD HAVE KNOWN. THE TERM “TPG/EXACTECH” REFERS TO TPG AND/OR EXACTECH, AND TPG AND EXACTECH MAY BE USED INTERCHANGEABLY. CERTAIN CONTENT AND THIRD-PARTY CONTENT ON THIS WEBSITE REFERENCING TPG OR EXACTECH MAY PREDATE THE ACQUISITION OF EXACTECH BY TPG AND MAY BE PROVIDED FOR YOUR HISTORICAL PERSPECTIVE.
THIRD-PARTY CONTENT, AS DEFINED BELOW, POSTED TO THIS WEBSITE OR REFERENCED BY THIS WEBSITE REPRESENTS THE OPINION OF THE ORIGINAL AUTHOR AND IS NOT ENDORSED OR APPROVED BY US, NOR IS IT NECESSARILY REPRESENTATIVE OF THE OPINION OF CERES. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR LEGAL, ACCOUNTING AND INVESTMENT ADVICE.
YOU AGREE THAT OUR AUTHORSHIP ON THIS WEBSITE IS NOT INTENDED AS PROFESSIONAL ADVICE, GUIDANCE OR FACTUAL INFORMATION BUT INSTEAD, REPRESENTS THE OPINION OF CERES. SUCH AUTHORSHIP MAY INCLUDE, BUT IS NOT LIMITED TO, NARRATIVES, MENU TITLES, ARTICLE TITLES, COMMENT TITLES, SUBSCRIPTS, CAPTIONS AND OTHER CONTENT. IN SOME CASES, OUR AUTHORSHIP MAY REFER TO BUT NOT DIRECTLY QUOTE A THIRD-PARTY AUTHOR’S STATEMENT (E.G. A TITLE ON THIS WEBSITE MAY BE A DESCRIPTIVE TITLE AUTHORED BY US BASED ON A THIRD-PARTY AUTHOR’S STATEMENT, IN WHICH CASE THE TITLE AUTHORED BY US WILL NOT MATCH THE TITLE BY THE ORIGINAL AUTHOR).
INDIVIDUALS, ORGANIZATIONS AND ENTITIES REFERENCED BY US DIRECTLY, BY TITLE, BY IMPLICATION OR OTHERWISE, AS HAVING A CURRENT OR PAST RELATIONSHIP WITH ANOTHER INDIVIDUAL, ORGANIZATION, ENTITY, IS BASED ON A STATED, IMPLIED, COMMONLY REFERENCED OR PREVIOUS RELATIONSHIP BETWEEN THE PARTIES AND/OR OUR INTERPRETATION OF THE EXISTENCE OF THEIR CURRENT OR PAST RELATIONSHIP, WHICH MAY BE CHANGED OVER TIME. SUCH RELATIONSHIP MAY NOT BE LEGAL OR FORMAL IN NATURE. WE HAVE NOT UNDERTAKEN AN INDEPENDENT VERIFICATION OF ANY INDIVIDUAL’S TITLE OR RELATIONSHIP.
THIS WEBSITE INCLUDES DOCUMENTS AND/OR SOCIAL MEDIA COMMENTS THAT PURPORT TPG/EXACTECH MANAGEMENT AND/OR STAFF HAS USED THE N-WORD WHILE ADDRESSING EMPLOYEES (“TPG/EXACTECH MANAGEMENT CALLED BLACK EMPLOYEES THE N-WORD”). SOME USERS MAY FIND THIS AND OTHER LANGUAGE RACIST, HOMOPHOBIC OR OTHERWISE OFFENSIVE. COMMENTS USING THE N-WORD AND QUOTED BY THIS WEBSITE MAY SUBSTITUTE THE N-WORD FOR THE MORE OFFENSIVE VERSION. IN ITS SOLE DISCRETION, CERES MAY ELECT TO LEAVE POTENTIALLY OFFENSIVE COMMENTS UNEDITED OR REDACT INDIVIDUAL NAMES OF OTHER LANGUAGE.
THIS WEBSITE INCLUDES DOCUMENTS AND/OR SOCIAL MEDIA COMMENTS THAT PURPORT TPG/EXACTECH MANAGEMENT DIRECTLY CONFRONTED AN EMPLOYEE REGARDING HIS SEXUALITY, ACCUSED HIM OF BEING “GAY” AND TEASED HIM FOR BEING GAY (“FORMER EMPLOYEE AND SUICIDE VICTIM OUTED AS GAY BY TPG/EXACTECH MANAGEMENT” OR “OUTED AS GAY”). THE EMPLOYEE PURPORTEDLY SUBSEQUENTLY BECAME FREQUENTLY ABSENT FROM WORK AND COMMITED SUICIDE SHORTLY THEREAFTER. CERES HAS NO KNOWLEDGE OF ANY CLINICAL DIAGNOSIS OF DEPRESSION RELATED TO THE EMPLOYEE. IN ADDITION, WE DO NOT ASSERT THAT THE PURPORTED BEHAVIOR OF TPG/EXACTECH MANAGEMENT, COMMENTS TO THE EMPLOYEE ABOUT HIS SEXUALITY, AND/OR LACK OF IMMEDIATE RESPONSE BY TPG/EXACTECH TO ADDRESS THE MATTER, CONTRIBUTED TO THE EMPLOYEE’S PURPORTED SUBSEQUENT ABSENCES FROM WORK, POTENTIAL DEPRESSION AND/OR SUICIDE, NOR THAT THE ACTIONS OF TPG/EXACTECH VIOLATED TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, 42 U.S.C. §§ 2000E – 2000E17 (AS AMENDED) OR ANY OTHER LAWS.
THIS WEBSITE INCLUDES DOCUMENTS AND/OR SOCIAL MEDIA COMMENTS THAT PURPORT POTENTIAL DISCRIMINATORY ACTS BY TPG/EXACTECH MANAGEMENT BASED ON RACE, SEX AND SEXUAL ORIENTATION, INCLUDING, BUT NOT LIMITED TO, TPG/EXACTECH MANAGEMENT CALLED BLACK EMPLOYEES THE N-WORD; TERMINATED ALL BLACK AND FEMALE BOARD OF DIRECTOR MEMEBERS UPON TPG’S ACQUISITION OF EXACTECH AND REPLACED THEM WITH WHITE MEN; LATER TERMINATED ALL BLACK PERSONNEL MANAGERS; PROMOTED LESS QUALIFIED WHITE PERSONNEL OVER MORE QUALIFIED BLACK PERSONNEL; DISCRIMINATED AGAINST BLACK PERSONNEL; ALLOWED PURPORTED OFFENDING MANAGERS TO CONTINUE THEIR EMPLOYEMENT AFTER THEIR POTENTIALLY RACIST OR HOMOPHOBIC ACTIONS BECAME KNOWN TO TPG/EXACTECH SENIOR MANAGEMENT; ETC. WE DO NOT ASSERT THAT TPG/EXACTECH ORCHESTRATED A SCHEME OF HARASSMENT DIRECTED AT BLACK, FEMALE AND HOMOSEXUAL EMPLOYEES, WRONGFULLY TERMINATED EMPLOYEES AND BOARD MEMEBERS OR VIOLATED TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, 42 U.S.C. §§ 2000E – 2000E17 (AS AMENDED) OR ANY OTHER LAWS.
CERES, ITS AFFILIATES AND THEIR RESPECTIVE MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (SINGULAR AND PLURAL, A “CERES PARTY”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THIS WEBSITE OR SUCH CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF A CERES PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE CERES PARTY’S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
8. DISCLOSURES & DESCRIPTION OF COMMON TERMS
THIS WEBSITE MAY INCLUDE CONTENT, DOCUMENTS AND SOCIAL MEDIA COMMENTS THAT SOME USERS MAY FIND RACIST, SEXIST, HOMOPHOBIC OR OTHERWISE OFFENSIVE. IN OUR SOLE DISCRETION, WE MAY EDIT SOCIAL MEDIA AND OTHER THIRD-PARTY COMMENTS USING THE N-WORD BY SUBSTITUTING THE “N-WORD” FOR THE MORE OFFENSIVE VERSION OR OTHERWISE REDACT INDIVIDUAL NAMES AND SENSATIVE LANGUAGE. THIS WEBSITE MAY CONTAIN ADULT LANGUAGE AND ADULT CONCEPTS.
8.1 CERTAIN COMMONLY KNOWN TERMS MAY BE USED TO REFERENCE SPECIFIC PURPORTED ACTS DISCUSSED ON THIS WEBSITE. THOSE COMMON TERMS AND THE REFERENCED PARTICULAR ACT(S) ARE DESCRIBED AS FOLLOWS.
8.1.1 “GAY OUTING”. THIS WEBSITE INCLUDES NARRATIVES THAT PURPORT POTENTIAL DISCRIMINATORY ACTS BY TPG/EXACTECH MANAGEMENT BASED ON SEXUAL ORIENTATION WHEN TWO MEMBERS OF TPG/EXACTECH’S MANAGEMENT DIRECTLY CONFRONTED AN EMPLOYEE REGARDING HIS SEXUAL ORIENTATION, ACCUSED HIM OF BEING GAY, AND CONTINUED TO TEASE HIM FOR BEING GAY EVEN AFTER HE DENIED IT. THIS WEBSITE MAY REFERENCE THESE GENERALLY DESCRIBED EVENTS, COMMENTS AND ACTIONS PURPORTEDLY BY TPG/EXACTECH MANAGEMENT DIRECTED AT THE EMPLOYEE AND OTHERS AS “GAY OUTING”, “OUTED AS GAY”, “GAY”, “OUTED” OR ANY CONTEXTUALLY SIMILAR TERM.
8.1.2 “SUICIDE VICTIM OUTED AS GAY”. AFTER THE EMPLOYEE IN PARAGRAPH 8.1.1 WAS PURPORTEDLY OUTED AS GAY, HE PURPORTEDLY BECAME FREQUENTLY ABSENT FROM WORK. HE COMMITED SUICIDE SHORTLY THEREAFTER. THIS WEBSITE MAY REFERENCE THESE GENERALLY DESCRIBED EVENTS, COMMENTS AND ACTIONS AS “SUICIDE VICTIM OUTED AS GAY”, “SUICIDE”, “VICTIM” OR ANY CONTEXTUALLY SIMILAR TERM.
8.1.3 “NFL ATHLETE ACCUSED OF A FEDERAL CRIME”. A BLACK TPG/EXACTECH MANAGER INITIATED THE UNIVERSITY OF FLORIDA ATHLETIC ARENA SPONSORSHIP. THE SAME MANAGER PURPORTEDLY ESTABLISHED AN NFL/NBA MENTORING PROGRAM ON BEHALF OF THE COMPANY AS WELL AS OTHER PROGRAMS IN COOPERATION WITH THE UNIVERSITY OF FLORIDA ATHLETIC ASSOCIATION. THE MENTORING PROGRAM WAS INTENDED TO DEVELOP PRACTICAL BUSINESS SKILLS FOR NFL AND NBA ATHLETES. AS A PART OF THE MENTORING PROGRAM, AN NFL ATHLETE ATTENDED A TPG/EXACTECH MEDICAL TRAINING EVENT WHILE ACCOMPANIED BY THE BLACK MANAGER. TPG/EXACTECH ACCUSED THE NFL ATHLETE OF VIOLATING FEDERAL LAW. THIS WEBSITE MAY REFERENCE THESE GENERALLY DESCRIBED EVENTS, COMMENTS AND ACTIONS AS “NFL ATHLETE ACCUSED OF A FEDERAL CRIME”; “NFL ATHLETE ACCUSED OF VIOLATING FEDERAL LAW”; OR SOME OTHER TERM USING A FORM OF THE WORDS “CRIME”, “FEDERAL LAW VIOLATION” OR ANY CONTEXTUALLY SIMILAR TERM.
8.1.4 “BLACK MANAGER TERMINATED FOR NFL ATHLETE FEDERAL CRIME”. AFTER THE NFL ATHLETE IN PARAGRAPH 8.1.3 WAS PURPORTEDLY ACCUSED OF A FEDERAL CRIME, THE BLACK TPG/EXACTECH MANAGER THAT INITIATED THE EXACTECH ARENA SPONSORSHIP, ESTABLISHED THE NFL/NBA MENTORSHIP PROGRAM AND ACCOMPANIED THE NFL ATHLETE TO THE MEDICAL EDUCATION EVENT, WAS TERMINATED FOR THE NFL ATHLETE’S SUPPOSED FEDERAL CRIME VIOLATION. TPG/EXACTECH ALSO PURPORTEDLY ENDED THE NFL/NBA MENTORING PROGRAM. THIS WEBSITE MAY REFERENCE THESE GENERALLY DESCRIBED EVENTS, COMMENTS AND ACTIONS AS “BLACK MANAGER TERMINATED FOR NFL ATHLETE FEDERAL CRIME”; “BLACK MANAGER TERMINATED FOR NFL ATHLETE VIOLATION OF FEDERAL LAW” OR ANY CONTEXTUALLY SIMILAR TERM.
8.1.5 “EXECUTIVE AFFAIRS”. THIS WEBSITE AND THIRD-PARTY CONTENT POSTED TO THIS WEBSITE MAY INCLUDE NARRATIVES THAT PURPORT POTENTIAL SEXUAL HARASSMENT ACTS BY TPG/EXACTECH MANAGEMENT WHEN A HIGH-RANKING TPG/EXACTECH EXECUTIVE PURPORTEDLY ENGAGED IN AFFAIRS WITH MULTIPLE TPG/EXACTECH FEMALE EMPLOYEES. THIS WEBSITE MAY REFERENCE THE GENERALLY DESCRIBED EVENTS, COMMENTS AND ACTIONS PURPORTEDLY BY THIS TPG/EXACTECH EXECUTIVE AS “EXECUTIVE AFFAIRS”, “SEXUAL HARASSMENT” OR ANY CONTEXTUALLY SIMILAR TERM.
8.1.6 “BLACK EMPLOYEES FORCED TO WORK WITH TPG/EXACTECH MANAGER THAT CALLED THEM THE N-WORD”. THIS WEBSITE INCLUDES NARRATIVES THAT PURPORT POTENTIAL DISCRIMINATORY ACTS BY TPG/EXACTECH MANAGEMENT BASED ON RACE WHEN A WHITE MANAGER APPROACHED A WHITE EMPLOYEE WHO WAS WATCHING A MOTION PICTURE ON HIS PHONE AS HE WORKED. THE MANAGER COMMENTED TO THE EMPLOYEE THAT, BY WATCHING THE MOTION PICTURE WHILE WORKING, HE WAS BEHAVING LIKE THE [N-WORDS]. AFTER THE INCIDENT WAS REPORTED TO SENIOR MANAGEMENT, MEMBERS OF HR ORCHESTRATED AN OPPORTUNITY FOR THE MANAGER TO APOLOGIZE TO HIS STAFF AND WAS THEN PERMITTED TO RETURN TO HIS MANAGERIAL DUTIES SUPERVISING BLACK EMPLOYEES. AFTER EMPLOYEES CONTINUED TO COMPLAIN, EVENTUALLY, THE MANAGER WAS SEPARATED FROM THE COMPANY. THIS WEBSITE MAY REFERENCE THE GENERALLY DESCRIBED EVENTS, COMMENTS AND ACTIONS PURPORTEDLY BY THIS TPG/EXACTECH EXECUTIVE AS “BLACK EMPLOYEES FORCED TO WORK WITH TPG/EXACTECH MANAGER THAT CALLED THEM THE N-WORD” OR ANY CONTEXTUALLY SIMILAR TERM.
8.1.7 “DISCRIMINATION AGAINST BLACKS” AND “DISCRIMINATION AGAINST WOMEN”. THIS WEBSITE AND THIRD-PARTY CONTENT POSTED TO THIS WEBSITE MAY INCLUDE NARRATIVES THAT PURPORT POTENTIAL DISCRIMINATORY ACTS BY TPG/EXACTECH MANAGEMENT BASED ON RACE OR SEX, INCLUDING THAT TPG/EXACTECH MANAGEMENT CALLED BLACK EMPLOYEES THE N-WORD; TERMINATED ALL BLACK AND FEMALE BOARD OF DIRECTOR MEMEBERS UPON TPG’S ACQUISITION OF EXACTECH AND REPLACED THEM WITH WHITE MEN; TERMINATED ALL BLACK PERSONNEL MANAGERS; PROMOTED LESS QUALIFIED WHITE EMPLOYEES OVER MORE QUALIFIED BLACK EMPLOYEES; ALLOWED MANAGERS THAT MAY HAVE COMMITED DISCRIMINATORY ACTS, SEXUAL HARRASSMENT OR HOMOPHOBIC ACTS, TO REMAIN EMPLOYED WITH THE COMPANY AFTER THEIR CONDUCT BECAME KNOWN TO TPG/EXACTECH SENIOR MANAGEMENT; ETC. THIS WEBSITE MAY REFERENCE THESE GENERALLY DESCRIBED PURPORTED EVENTS, COMMENTS AND ACTIONS AS “DISCRIMINATION AGAINST BLACKS” AND “DISCRIMINATION AGAINST WOMEN” OR ANY CONTEXTUALLY SIMILAR TERM.
9. WAIVER OF DAMAGES
CERES, ITS AFFILIATES AND THEIR RESPECTIVE MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (SINGULAR AND PLURAL, A “CERES PARTY”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THIS WEBSITE OR SUCH CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF A CERES PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE CERES PARTY’S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
A CERES PARTY HAS PRIOR ASSOCIATION OR INTERACTION WITH TPG/EXACTECH, DONNA EDWARDS, BRIAN DANAHY, JESSICA VERMILLION, SANTIAGO GARCÉS, QUINCY WILSON, VARIOUS UNNAMED TPG/EXACTECH EMPLOYEES AND BOARD OF DIRECTORS MEMBERS, LORENCE BIELBY AND GREENBERG TRAURIG, LLP, WHICH MAY BE DIRECT OR INDIRECT. INFORMATION PROVIDED ON OUR TPGEXPOSED.ORG, EXACTECHEXPOSED.ORG, DONNAHENDRICKSEDWARDSEXPOSED.ORG AND LORENCEJONBIELBYEXPOSED.ORG WEBSITES IS NOT LIMITED TO THE SUBJECTS PUBLISHED TO THIS WEBSITE AND MAY INCLUDE ANONYMOUS OPEN FORUM COMMENTS RELATED TO PURPORTED PRIOR BUSINESS OR PERSONAL ACTS, RELATIONSHIPS, OR INTERACTIONS OF ANY SUBJECT.
AS OF THE EFFECTIVE DATE OF THIS AGREEMENT, NO CERES PARTY WAS A PARTY TO OR HAD KNOWLEDGE OF ANY CIVIL LITIGATION OR FEDERAL REGULATORY COMPLAINT FILED AGAINST TPG/EXACTECH RELATED TO A CONTENT SUBJECT. HOWEVER, A CERES PARTY INTENDS TO FILE CIVIL LITGATION AGAINST TPG/EXACTECH TO ADDRESS POTENTIAL DAMAGES BASED IN PART ON CONTENT SUBJECTS. WE RESERVE THE RIGHT TO INITIATE SUCH FILINGS AND TAKE OTHER ACTIONS THAT MAY BE ADVERSE TO TPG/EXACTECH WITHOUT FURTHER NOTICE, INCLUDING PROVIDING NOTICE TO INDIVIDUALS THAT MAY HAVE BEEN DAMAGED BY TPG/EXACTECH BUT ARE UNAWARE OF THE CIRCUMSTANCES. WE INTEND TO PROVIDE DOCUMENTS DISCOVEERED IN LITIGATION AND REGULATORY COMPLAINTS RELEVANT TO THE SUBJECTS DISCUSSED ON THIS AND OTHER CERES WEBSITES TO THE PUBLIC.
AS OF THE EFFECTIVE DATE OF THIS AGREEMENT, CERES HAD NO FORMAL RELATIONSHIP WITH OTHER INDIVIDUALS OR ENTITIES IT REASONABLY BELIEVES MAY HAVE POTENTIAL CLAIMS AGAINST TPG/EXACTECH BASED ON THE CONTENT SUBJECTS. OTHER THAN THE IMPENDING CERES PARTY LITIGATION PREVIOUSLY DISCUSSED, WE HAVE NO KNOWLEDGE OF ANY IMMINENT CIVIL OR FEDERAL REGULATORY COMPLAINT BASED ON THE CONTENT SUBJECT. CERES IS NOT CURRENTLY INVOLOVED IN AN ACTIVE EFFORT TO CERTIFY A UNION AMONG TPG/EXACTECH EMPLOYEES.
CERES MAY CONTACT UNRELATED PARTIES FOR INVESTIGATIVE OR LITIGATION PURPOSES AND PROVIDE DOCUMENTS, RECORDINGS AND DATA TO THEM. THIS INCLUDES, BUT IS NOT LIMITED TO, THE DEPARTMENT OF JUSTICE, THE NLRB, SURVIVORS OF FORMER TPG/EXACTECH EMPLOYEE SUICIDE VICTIM OUTED AS GAY BY TPG/EXACTECH MANAGEMENT, BLACK EMPLOYEES FORCED TO WORK WITH TPG/EXACTECH MANAGER THAT CALLED THEM THE N-WORD, OTHER TPG/EXACTECH EMPLOYEES THAT MAY HAVE POTENTIAL CAUSES OF ACTION, THE NFL ATHLETE ACCUSED OF A FEDERAL CRIME BY TPG/EXACTECH MANAGEMENT, OTHER NFL ATHLETES IN TPG/EXACTECH’S MENTORSHIP PROGRAM, THE UNIVERSITY OF FLORIDA, THE UNIVERSITY ATHLETIC ASSOCIATION, INC., AND OTHERS.
A CERES PARTY HAS CONDUCTED A SERIES OF INTERVIEWS WITH TCP/EXACTECH EMPLOYEES TO GATHER POTENTIAL EVIDENCE REGARDING VARIOUS CAUSES OF ACTION THAT MAY BE ADVERSE TO THE INTEREST TPG/EXACTECH. WE MAY ASSIST TPG/EXACTECH EMPLOYEES ENGAGE LEGAL COUNSEL AND ASSIST SUCH LEGAL COUNSEL IN THE COLLECTION OF EVIDENCE THAT SUPPORTS THEIR CLIENT’S POTENTIAL CLAIMS. WE MAY ALSO ASSIST TPG/EXACTECH EMPLOYEES IN THE FORMATION OF A LABOR UNION, ORGANIZE SOCIAL MEDIA PROTESTS AND PROVIDE ASSISTANCE IN ORGANIZING FACILITY PROTESTS.
CERES ANTICIPATES THE PUBLICATION OF AN INVESTIGATIVE NEWS JOURNAL BY A MAJOR NEWS ORGANIZATION BASED IN PART ON THE CONTENT AND TCP/EXACTECH EMPLOYEE COMPLAINTS.
10. Governing Law and Jurisdiction
This Agreement and all claims arising from this Agreement, will be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to any conflict or choice of law principles. For all litigation which may be brought with respect to any controversy or claim arising out of or relating to this Agreement or any relationship between us, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the County of Alachua in the State of Florida. The parties hereto irrevocably submit to the jurisdiction of each such court in any action or proceeding. You hereby irrevocably waive and agree not to assert, by way of motion, as a defense, or otherwise, in every suit, action or other proceeding arising out of or based on this Agreement and brought in any such court, any claim that you are not subject personally to the jurisdiction of the above named courts, that you are exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum or that the venue of the suit, action or proceeding is improper.
Our failure to enforce any provision of this Agreement or to respond to a breach by you or other parties of this Agreement shall not in any way waive our rights to subsequently enforce any term or condition of this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
11. General
This Agreement contains the final and entire agreement between us regarding your use of this website and supersedes all previous and contemporaneous oral or written agreements regarding your use of this website. We may discontinue or change this website, or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement.
12. Contact Us
If you have questions about this Agreement, please contact us at info@exacexposed.org. Please do not disclose any sensitive Personal Data (e.g., social security numbers, driver’s license number, etc.) when contacting us.