Terms of Use - Behrman Capital

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Terms of Use
This website is provided by Behrman Brothers Management Corp. (“Behrman Capital”). By accessing and using this site, you accept and agree to
be bound by, without limitation or qualification, these terms of use (the "Terms"). Behrman Capital may update this site at any time. Your
continued use after any such modifications shall constitute your acceptance of these Terms. If you do not accept and agree to be bound by the
Terms, do not access or use this site.
No Offer or Advice
You acknowledge that the content of this site is for general, informational purposes only, intended for management teams and individuals who
may seek employment with Behrman Capital and is not intended to constitute an offer to sell or buy any securities or promise to undertake or
solicit business, and may not be relied upon in connection with any offer or sale of securities. An offer or solicitation will be made only through a
final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity
and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.
There may be delays, omissions or inaccuracies in information obtained through your use of this site. The information on the site is provided to
you with the understanding that Behrman Capital's provision of this information to you does not constitute the rendering of investment,
consulting, legal, accounting, tax, career or other advice or services. Information on this site should not be relied upon for making business,
investment or other decisions or used as a substitute for consultation with professional advisors.
No Warranties
The site is provided on an “as is” basis with no warranties of any kind. Behrman Capital does not warrant that the information on the site is
accurate, reliable, current or correct, that this site will be available at any particular time or location or that this site is free of viruses or other
harmful components. Your use of this site and use or reliance upon any of the materials on it is solely at your own risk. Descriptions of investor
types contained herein are for informational purposes only and do not necessarily reflect the characteristics of all applicable investors in the
Behrman Capital funds.
Modifications to Content
Behrman Capital may, at its discretion, modify or discontinue any of the content of this site, or any portion thereof, with or without notice.
Ownership
All content included on this site, such as graphics, logos, articles and other materials, is the property of Behrman Capital or others and is
protected by copyright and other laws. All trademarks and logos displayed on this site are the property of their respective owners, who may or
may not be affiliated with Behrman Capital. Nothing contained on this site should be construed as granting, by implication, estoppel or
otherwise, any license or right to use any content or trademark displayed on this site without the written permission of our organization or such
other third party that may own the content or trademark displayed on this site.
Restrictions on Use
This website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations
in connection with accessing and using this site. Fraudulent conduct may be reported to law enforcement, and Behrman Capital will cooperate to
ensure that violators are prosecuted to the fullest extent of the law. Behrman Capital does not grant, by implication, estoppel or otherwise, any
license or right to use material on this site other than those set forth above, and you shall not make any other use of such material without
Behrman Capital's written permission.
Behrman Capital has the right, but not the obligation, to monitor any activity associated with the site. Behrman Capital may investigate any
complaint or reported violation of these Terms and take any action that it deems appropriate. Such action may include, but is not limited to,
issuing warnings, suspension or termination of service and denying access and/or removal of materials from the site.
Behrman Capital reserves the right to remove anything that violates these Terms or is otherwise objectionable and to report to appropriate law
enforcement officials, regulators or other third parties any activity that it suspects violates any law or regulation. In order to cooperate with
governmental requests, to protect Behrman Capital's systems or to ensure the integrity and operation of Behrman Capital's business, Behrman
Capital may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details,
Internet Protocol addressing and traffic information, usage history and posted content.
International Use
The information or materials provided in, or accessible through, the site are, unless otherwise specified, directed at residents of the United
States, and are 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 that would subject Behrman Capital to any registration or other requirement within such jurisdiction or
country. Behrman Capital reserves the right to limit access to the site to any person, geographic region or jurisdiction. Unless otherwise expressly
set forth herein, Behrman Capital makes no representations that transactions, products or services discussed on, or accessible through, the site
are available or appropriate for use in all jurisdictions or by all users, or that access by any user in the jurisdiction in which such user is located is
not illegal or prohibited. Users who choose to access the site from other locations access it on their own initiative and are responsible for
establishing the legality, usability and correctness of any information or materials on the site under the laws of any applicable jurisdictions. You
may not use or export the information or materials on the site, or accessible through the site, in violation of U.S. laws and regulations.
Limitation of Liability
Behrman Capital is not responsible for any damages or injury, including, but not limited to, special, indirect, incidental or consequential
damages, that result from your use of, or inability to use, this site, including any damages or injury caused by any failure of performance, error,
omission, interruption, defect, delay in operation, computer virus, line failure or other computer malfunction. You understand and agree that
your use of this site is predicated upon your waiver of any right to sue Behrman Capital or its affiliates directly or to participate in a suit for any
losses or damages resulting from your use of this site.
You agree to indemnify, defend and hold harmless Behrman Capital against any and all claims, damages, costs or other expenses that arise
directly or indirectly out of or from your breach of these Terms and/or your activities in connection with this site. Under no circumstances,
including, but not limited to, negligence, shall Behrman Capital be liable for any special or consequential damages that result from the access or
use of, or the inability to access or use, the materials on this site, even if Behrman Capital has been advised of the possibility of such damages.
NEITHER BEHRMAN CAPITAL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES
ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE THIS SITE, OR ANY ERRORS OR OMISSIONS CONTAINED
IN THIS SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.
Links from Other Websites and Third Party Content
Behrman Capital does not review or monitor any websites linked from or to this site and is not responsible for the content of any such
websites. Accordingly, Behrman Capital cannot be held responsible for the information, materials, products or services obtained on or from such
other websites, nor will Behrman Capital 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 site and the inclusion of these links does not imply an
endorsement, representation or warranty by Behrman Capital with respect to any such linked websites or the content, products or services
contained or accessible through such websites or their operators. BEHRMAN CAPITAL DISCLAIMS RESPONSIBILITY FOR THE PRIVACY
POLICIES AND CUSTOMER INFORMATION PRACTICES OF THIRD-PARTY INTERNET WEBSITES HYPERLINKED FROM THE
SITE. Your choice to follow links from or to such websites is at your sole risk. If you link other websites to this site, you may not imply or suggest
that Behrman Capital has endorsed or is affiliated with such websites, and you may not display this site as "framed" within another
website. Behrman Capital reserves the right to terminate any link or linking program at any time. Similarly, links or copies of third party
articles regarding Behrman Capital, its affiliates or its portfolio companies have generally been prepared without the input of Behrman Capital
and are provided for convenience purposes only. By inclusion on this site, Behrman Capital does not represent or warrant the accuracy of such
information or take responsibility for its content.
Performance Information
Any performance data or comments expressed on this site are an indication of past performance. Past performance is not indicative of future
results; no representation is being made that any investment will, or is likely to, achieve profits or losses similar to those achieved in the past, or
that significant losses will be avoided.
Governing Law
The Terms shall be governed by and interpreted in accordance with the laws of New York State, United States of America, jurisdiction of the
state and federal courts located in New York, New York, United States of America for any legal action arising out of or relating to these Terms
and/or your access and use of this site. You agree that any cause of action you may have with respect to your use of the site must be commenced
within one year after the claim or cause of action arises or will be deemed to have been waived.
Trademarks
The Behrman Capital trademarks, service marks and logos (the "Trademarks") used and displayed on this site, including Behrman Capital, are
registered and unregistered Trademarks of Behrman Capital. Other Trademarks may be owned by other parties. Nothing on this site should be
construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Behrman Capital intellectual
property displayed on this site. The name Behrman Capital and any other Trademarks shall not be used in any way, including in advertising or
publicity pertaining to distribution of materials on this site, without prior written permission from Behrman Capital. Behrman Capital also
prohibits use of Behrman Capital and any other Trademarks as part of a link to or from any site unless establishment of such a link is approved
in advance by Behrman Capital in writing.
Copyright
The copyright in all materials provided on this site is held by Behrman Capital or by the original creator of the material. Except as stated herein,
none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of
Behrman Capital or the copyright owner. Permission is granted to download one copy of the materials on this site on a single computer for your
personal or internal business use only provided that you do not modify the materials, and that you retain all copyright and other proprietary
notices contained in the materials. This permission terminates immediately if you breach these Terms. Any unauthorized use of the materials
contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and
statutes. All content and functionality on this site, including text, graphics, logos, icons and images, and the selection and arrangement thereof,
are the exclusive property of Behrman Capital or its licensors and is protected by U.S. and international copyright laws. All rights not expressly
granted are reserved.
These Terms represent the entire agreement between you and Behrman Capital relative to this website and supersede any and all other
communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revisions of
these Terms posted by Behrman Capital (provided, however, that any such revised posting shall take effect prospectively from the date of such
posting). If any provision of these Terms is held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the
fullest extent permitted by law so as to affect the intent of these Terms and the remainder shall remain in full force and effect. The failure of
Behrman Capital to enforce the strict performance of any provision of these Terms shall not be a waiver of its right to subsequently enforce such
provision or any other provisions of these Terms.
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