Terms of Use

By accessing or using this website (the “Site”) of Eos Partners, L.P. and its subsidiaries and affiliates (collectively, "Eos", “we” or “us”), you acknowledge that you have read, understood and agreed to these terms of use (the “Terms of Use”) without limitation or qualification. Eos, at its sole discretion, may at any time change, modify, add or remove portions of the Terms Of Use without notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use to which you are bound. Please read the Terms Of Use carefully before using the Site.

Ownership, Limited Right to Use the Site

Eos owns and maintains the Site. Eos grants you a limited right to use the Site. This limited right is subject to your agreement to abide by the Terms of Use in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site. At any time and for any reason or no reason, Eos may revoke your limited right to use all or any portion of the Site.

No Offer of Securities or Advice

THE SITE AND THE INFORMATION CONTAINED ON THE SITE ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. UNDER NO CIRCUMSTANCES SHOULD ANY INFORMATION ON THE SITE BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY, FUTURE OR OTHER FINANCIAL PRODUCT OR INSTRUMENT, INCLUDING ANY INTEREST IN ANY INVESTMENT FUND SPONSORED OR MANAGED BY EOS OR ANY INVESTMENT ADVISORY SERVICES OFFERED BY EOS. ANY SUCH OFFER OR SOLICITATION CAN AND WILL BE MADE ONLY BY MEANS OF THE APPLICABLE CONFIDENTIAL OFFERING MEMORANDUM OF EACH SUCH INVESTMENT FUND OR OTHER APPLICABLE DOCUMENT, ONLY IN JURISDICTIONS IN WHICH SUCH AN OFFER WOULD BE LAWFUL AND ONLY TO INVESTORS WHO MEET THE INVESTOR SUITABILITY AND SOPHISTICATION REQUIREMENTS OF EACH SUCH INVESTMENT FUND AS DETERMINED FROM TIME TO TIME BY EOS IN ITS SOLE DISCRETION.

The Site is not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on the Site should be construed as a recommendation, by Eos or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. You should consult your own investment, legal, tax and/or similar professionals regarding your specific situation and any specific decisions.

Past Performance

Eos makes no representation, and it should not be assumed that past performance is an indication of future results. Moreover, wherever there is a potential for profit there is also the possibility of loss.

Security

You may not violate or attempt to violate the security of the Site. Tampering with any portion of the Site, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Site, whether or not through the use of agents, are prohibited and constitute a breach of the Terms of Use.

Any violations of system or network security including attempts to intentionally access a computer without authorization or exceed your authorized access level may result in civil and criminal charges. Eos may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice, restrict or terminate the access of any and all users to the Site if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread, of a virus, security breach or system malfunction.

No Warranty

BY USING THE SITE, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. EOS AND ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS, AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND/OR THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION ON THE SITE. THE SITE AND ALL OF THE INFORMATION ON THE SITE ARE PROVIDED "AS IS". EOS, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SITE, ANY MATTERS RELATED TO THE SITE AND ALL INFORMATION ON THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. EOS EXPRESSLY DISCLAIMS LIABILITIES FOR ERRORS AND OMISSIONS FOR ALL INFORMATION ON THE SITE.

EOS AND ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS, AND EMPLOYEES FURTHER ASSUME NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT INFORMATION WILL BE UPDATED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation on Liability

EOS ASSUMES NO LIABILITY FOR LOSS OR DAMAGE RESULTING FROM ANY USE OF OR RELIANCE ON THE SITE OR THE INFORMATION ON THE SITE.

UNDER NO CIRCUMSTANCES WILL EOS OR ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS, AND EMPLOYEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE, INTERNET FAILURE OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE SITE, INFORMATION ON THE SITE, INCONVENIENCE OR DELAY. THIS IS TRUE EVEN IF EOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Indemnification

As a condition of your use of the Site, you hereby agree to indemnify and hold Eos and its officers, directors, members, principals, investors, agents, and employees harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorney’s fees), as incurred, arising from your use of the Site or related services or from your violation of the Terms of Use.

Privacy Statement

Please see Eos’ Privacy Statement for information concerning the use of information you may provide through your use of the Site.

Links to Third Party Websites

The Site contains links to third party websites which, in some cases, may be incorporated into, and appear to be part of, the Site. However, once you have used these links to leave the Site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites and such sites are not governed by the Eos’ Privacy Statement. Therefore, you should exercise caution and look at the privacy statement applicable to the website in question. Eos disclaims any and all responsibility for the privacy policies and procedures of any third party websites that you reach via a hyperlink contained on the Site.

Termination

The Terms of Use are effective unless and until terminated by either you or Eos. You may terminate the Terms of Use at any time, provided that you discontinue any further use of the Site. We may terminate the Terms of Use, in our sole discretion, for any reason or no reason, at any time and accordingly deny you access to the Site. Upon any termination of the Terms of Use by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise.

Representations and Warranties

You represent and warrant that: (i) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to the Terms of Use; (ii) you will not delete any information on the Site; and (iii) you will use the Site and the information on it in a manner consistent with applicable laws and regulations and in accordance with the Terms of Use, as Eos may amend from time to time.

Additional Terms

Some information on the Site may contain additional terms, conditions, disclosures and disclaimers, which are in addition to the Terms of Use. In the event of a conflict, the additional terms, conditions, disclosures and disclaimers will govern for those sections or pages.

Headings

Headings used in the Terms of Use are for reference purposes only and in no way define or limit the scope of the section.

Waiver

No waiver by Eos of any right under or term or provision of the Terms of Use will be deemed a waiver of any other right, term or provision of the Terms of Use at that time or a waiver of that or any other right, term or provision of the Terms of Use at any other time.

Governing Law

The Terms of Use are governed by the laws of New York, without reference to its conflicts of law provision. Any claim related to any dispute arising as a result of the Site or under the Terms of Use will be made before a court of competent jurisdiction located in New York.

Severability

In the event that any provision or term of the Terms of Use is held to be invalid, prohibited or unenforceable for any reason, such provision or term shall be deemed severed from the Terms of Use, without invalidating the remaining provisions, which shall remain in full force and effect.

Last Updated March 2013.