Terms and Conditions

Park Street Capital, L.L.C. Terms and Conditions
PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE YOU USE OUR SITE.

Park Street Capital, L.L.C. ("Park Street Capital" or "we") provides and makes available this web site, located at URL http://www.parkstreetcapital.com (the "Site") and the information provided on the Site (the "Content") to you, subject to the following terms and conditions contained in this Terms of Use Agreement ("Agreement"). By using this Site, you agree that you have freely and voluntarily entered into this Agreement and have read and understood each and every provision, including, but not limited to, your rights, obligations, and applicable terms and conditions as set forth in this Agreement. If you do not agree to be legally bound by this Agreement, you are not authorized to use this Site.

Park Street Capital may, at any time, change, add or remove portions of this Agreement. Unless otherwise specified, such changes shall be effective upon posting. It is your obligation to review the changes to this Agreement, and you agree that your continued use of the Site after the posting of any revised Agreement constitutes your agreement to be bound by the revised Agreement.

YOUR ACCESS TO THE SITE AND THE INVESTOR WEB PAGES

Access to and use of the Site is available to individuals who consent to the terms and conditions of this Agreement. Park Street Capital also provides services for register investors through password-protected web pages (the "Investor Web Pages"). Such Investor Web Pages are made available through the Site to investors who have been authorized by Park Street Capital to access such pages. Please Contact Us if you would like further information regarding obtaining access to the Investor Web Pages.

PASSWORD PROTECTION

Certain portions of this Site, including the Investor Web Pages, utilize password protection. All passwords must be kept strictly confidential and may not be shared with any third parties or used for any unauthorized purposes. You are responsible for all activity occurring through the use of your user name and password.

PERMITTED USES AND RESTRICTIONS

Park Street Capital grants you a non-exclusive, personal, non-transferable, non-sublicensable, limited and revocable right to access, use and display this Site and the Content on any computers or other electronic display device of which you are a user, for your personal use only (the "Permitted Uses"), subject to all terms and conditions of this Agreement. You agree to use the Site and Content only for lawful purposes and for the Permitted Uses. No other use of the Site or the Content is authorized. You are prohibited from any use of the Content or Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable laws or regulations or this Agreement. You may not publicly perform, publicly display, transmit, publish, participate in the sale or transfer of, modify or create derivative works based on any Content, in whole or in part. You may print a limited number of copies of the Content, provided that these copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall not store electronically any significant portion of any Content. Notwithstanding anything to the contrary contained herein, you hereby agree to maintain the confidentiality of all Content obtained through the Investor Web Pages (the "Investor Web Pages Content"). Without limiting the generality of the foregoing, you expressly agree not to disclose any Investor Web Pages Content to any third parties.

NOTICE OF TRADEMARK RIGHTS, COPYRIGHT AND RIGHTS IN PROPRIETARY MATERIALS

Company, product and service names and logos used and displayed on this Site may be trademarks or service marks owned by others. Nothing on this Site should be construed as granting any license or right to use any of the Park Street Capital Trademarks or other trademarks displayed on this Site without the prior written permission in each instance of Park Street Capital and/or the owner(s) of such other trademarks. All goodwill generated from the use of the Park Street Capital Trademarks on any web site will inure to our benefit. The Site also contains material protected by copyrights or other proprietary rights and laws, including but not limited to text, software, graphics and images (collectively, the "Proprietary Material") and such material is owned by Park Street Capital or its licensors. Any use of such Proprietary Material other than as permitted herein is expressly prohibited without the prior permission of Park Street Capital and/or the relevant rightholder.

CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe, in good faith, that any materials on the Site infringe your copyrights, you should send a notice of claimed copyright infringement, pursuant to Title 17, United States Code, Section 512(c)(2) (a portion of the "Digital Millennium Copyright Act"), to Park Street Capital's designated agent at the address set forth below.

NO FRAMING OR LINKING ALLOWED

Except as otherwise provided in this Agreement, no part of this Site may be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. None of the Content or our Site may be retransmitted without the express written consent of Park Street Capital, nor may it be used on any other site or in any networked computer environment. We prohibit use of any of the Park Street Capital Trademarks as part of a link to or from any site unless such a link is approved in advance by us in writing.

MONITORING OF THE SITE

Subject to the terms and conditions of our Privacy Policy, Park Street Capital has the right, but not the obligation, to monitor the Site and to disclose such information as we deem necessary or appropriate, including without limitation, to satisfy any law, regulation or other governmental request, to operate the Site or to protect ourselves or other users of the Site.

THIRD PARTY SITES

As a convenience to you, this Site may provide links to third party websites ("Third-Party Sites") through links available on this Site. Our decision to link to a Third-Party Site is not an endorsement of the third party or the content in that linked Third Party Site. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY SITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD PARTY SITES, AND WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.

DISCLAIMERS

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF PARK STREET CAPITAL, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "PARK STREET CAPITAL PARTIES") GUARANTEES THE TIMELINESS, ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR ANY OF THE CONTENT. NONE OF THE PARK STREET CAPITAL PARTIES WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS CONTENT, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE TIMELINESS, USEFULNESS, ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. ALL OF THE PARK STREET CAPITAL PARTIES HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE OR ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE PARK STREET CAPITAL PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR THE CONTENT.

LIMITATION OF LIABILITY

YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF OUR SITE, OUR CONTENT OR ANY SERVICES OBTAINED THROUGH OUR SITE IS TO STOP USING OUR SITE. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE PARK STREET CAPITAL PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OF THE CONTENT, INCLUDING, WITHOUT LIMITATION: LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS; OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF THE PARK STREET CAPITAL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. FURTHER, THE PARK STREET CAPITAL PARTIES WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THIS AGREEMENT OR WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS.

THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF ANY PARK STREET CAPITAL PARTY OR (II) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE LIABILITY OF PARK STREET CAPITAL SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Park Street Capital Parties from and against any and all actions (including third party actions and claims), demands, costs, claims, losses, liabilities, damages and expenses, including reasonable legal fees, arising out of the access to, use or misuse of this Site by you, or from your breach of or misrepresentation under this Agreement or arising in any manner out of your acts or omissions, whether on your behalf or on behalf of or relating to any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without relieving you of your indemnity obligations, and in that event, you agree to cooperate with our defense of the claim.

TERMINATION

You acknowledge and agree that Park Street Capital may suspend or terminate your access to and use of the Site, or any portion thereof, at any time, with or without cause, in Park Street Capital's absolute discretion and without notice, including for any breach of this Agreement. The relevant version of this Agreement shall continue to apply to all prior use of the Site. The following paragraphs of this Agreement Use shall survive termination of your use or access to the Site: paragraphs concerning Indemnification, Disclaimers, Limitations of Liability, Termination, Governing Law/Jurisdiction and General Provisions and any other provision that by its terms survives termination of your use of or access to the Site.

GOVERNING LAWS / JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts as they apply to agreements made and solely performed there. All claims and disputes arising out of this Agreement, or your use of the Site and/or the Content, other than action for specific performance or injunctive relief brought by Park Street Capital, shall be exclusively brought in the state and federal courts sitting in the City of Boson in the Commonwealth of Massachusetts and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts.

GENERAL

Failure by Park Street Capital to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect. Not all products and services on this Site are available in all jurisdictions. If you are using this Site from outside of the United States, you are responsible for ensuring that your use of the Site is in compliance with the law of national jurisdiction. This Agreement inures to the benefit of Park Street Capital, its successors and assigns. This Agreement constitutes the entire agreement between you and Park Street Capital with respect to the Site.

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