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Legal

Terms of Use

By accessing this site, you signify your agreement with, and understanding of, the following terms of use and legal information pertaining to both this site and any material on it. This site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this site constitutes your agreement to all such terms, conditions and notices.  Whitney Peak Capital, LP (“WPC”), reserves the right to change the terms, conditions, and notices under which this site is offered.

All materials on this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole and will be deemed incorporated in the portion of any material or document that you consult or download.

Ownership of Site and Copyright

The website is owned by WPC. Both the site and any and all accompanying screens, information, materials, user documentation, user interfaces, images, arrangements of information, related software and other proprietary property of WPC or its licensors accessible via the website are and shall remain the exclusive property of WPC and its licensors, as the case may be. All rights to the website remain with WPC or its licensors. This site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services that might be obtained from this site.

Unauthorized Access

This site is not absolutely protected against unauthorized third parties. You acknowledge that any information provided through the internet may be potentially accessed by unauthorized third parties. Although WPC will make reasonable efforts to protect the privacy of users of this site, no guarantee can be made that unauthorized third parties will not access the information contained on

or transmitted through the site. You acknowledge that WPC is not responsible for notifying you that unauthorized third parties have gained such access or that any data has been otherwise compromised during transmission across computer networks or telecommunications facilities, including, but not limited to, the Internet.

 

No Warranty or Reliance

The website, including information and materials contained in the website, text, graphics, software, links and other items are provided "as is," "as available" without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. Without limitation, WPC does not warrant the accuracy, adequacy, completeness, reliability, timeliness or availability of the website or any information on this site, and expressly disclaims liability for errors or omissions in the website. There is no warranty of merchantability, no warranty of fitness for a particular purpose, no warranty of non-infringement, no warranty of any kind, implied, express or statutory, in conjunction with the website. Any content on this site is subject to change without notice. WPC further assumes no responsibility for, and makes no warranties that, functions contained at this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components. Please note that some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you.

Limitation of Liability

In no event will WPC be liable for any damages, or for repairs or corrections that must be performed, to or on your computer, person or other property, including, without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the website or use thereof or the inability by any party to use such site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if WPC, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

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