Acceptance of Terms of Use

This website (the “Web Site”) is provided by Brynwood Partners Management LLC (“Brynwood”) for limited partners of Brynwood managed funds.  Throughout these terms and conditions, the words “we,” “us,” and “our” refer to Brynwood and its affiliates, and the words “you” and “your” refer to the user visiting the Web Site and your institution or organization.  These terms and conditions of use (“Terms of Use”) set forth the legally binding terms for your use of the Web Site.  By accessing or using this Web Site in any manner, you signify your agreement to (1) these Terms of Use, (2) the Brynwood privacy policy (the “Privacy Policy”), available upon request by contacting shongo@brynwoodpartners.com, and (3) any other legal notices, conditions or guidelines located within the Web Site. If you do not agree to any of these Terms of Use or the Privacy Policy, please do not use the Web Site and exit now.  You will need to log in using a user name and password provided to you by Brynwood and you must further read these Terms of Use and indicate your acceptance of them during the log-in process. 

Important Legal Information about Privacy

The terms and conditions of Brynwood’s Privacy Policy, which is available upon request by e-mailing shongo@brynwoodpartners.com, apply to your use of this Web Site, form an integral part of your agreement with us, and are incorporated by reference into these Terms of Use.  You should read the Privacy Policy carefully before you use this Web Site because by using this Web Site you will be agreeing to everything in these Terms of Use, including the terms contained in our Privacy Policy.  

Brynwood Web Site

We may revise these Terms of Use at any time without prior notice by updating this page, and such revisions will be effective upon posting to this page.  Please check these Terms of Use periodically for any changes.  Your continued use of this Web Site following the posting of any revisions to these Terms of Use will mean you accept those changes.  We reserve the right to alter, suspend or discontinue any aspect of this Web Site, including your access to it.  Unless explicitly stated, any new features will be subject to these Terms of Use.

You may never use another user’s account or share your account and password with any other user or entity.  You are solely responsible for the activity that occurs on your account, and you are responsible for keeping your account password secure.  You must notify Brynwood immediately of any breach of security or unauthorized use of your account by contacting us at shongo@brynwoodpartners.com.  Although Brynwood will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses incurred by Brynwood or others due to such unauthorized use. 

Limited partners of Brynwood managed funds are authorized to use this Web Site.  If you are a representative of a limited partner, your authorization to use this Web Site is based on your continued employment status with such limited partner.  If your employment with such limited partner terminates (regardless of reason), you are no longer authorized to use this portion of the Web Site.  By logging into this Web Site, you certify that you continue to be employed by such limited partner, and that such limited partner continues to consider you as an authorized user of this Web Site.

This Web Site Does Not Provide Financial Advice All of the materials provide on this Web site, such as text, graphics, photographs, images, charts and any other materials are for informational purposes only and are not a substitute for professional financial, investment, tax or legal advice.

Intellectual Property Rights
The content on this Web Site, including without limitation, the material descriptions, graphics, photos, products, services and the like (“Site Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Brynwood, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  You in no way will obtain any ownership interest or rights in the Site Content or Marks contained on this Web Site.  Site Content is provided to you “AS IS” for your information and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  Brynwood reserves all rights not expressly granted in and to the Site Content.  You agree not to circumvent, disable or otherwise interfere with any security related features of this Web Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of this Web Site or the Site Content.

Indemnification 
By accessing this Web Site, you agree to indemnify us and our directors, officers, employees, agents and consultants and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of this Web Site or your violation of any term of these Terms of Use. 

Disclaimer

The materials and services offered on this Web Site are provided “as is” and without warranties of any kind.  To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose.  Furthermore, we specifically make no warranties regarding the success of any investment opportunities described on the Web Site.  We do not warrant that the use of this Web Site will be uninterrupted or error-free, that defects will be corrected, or that this Web site or the server(s) that make it available or any advertised or hyperlinked site are free of viruses or other harmful components or that this Web Site, server(s), or advertised or hyperlinked sites will be accessible at all times.  We do not warrant or make any representations regarding the use of this Web Site or any information contained therein with respect to correctness, accuracy, reliability, graphics, links or otherwise.  You assume the entire cost of all necessary servicing, repair or correction to any equipment you use to access this Web site.  To the extent that applicable law may not allow the exclusion of implied warranties, the above exclusions may not apply to you.

Documents, information, graphics and other materials appearing at this Web Site may include technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of such documents, information, graphics or other materials is at your own risk.

Limitation of Liability

Under no circumstances shall Brynwood, its directors, officers, contributors, agents, employees, or affiliates be liable for any direct, indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of or inability to use this Web Site or due to your reliance on any of the content contained or the services provided on this Web Site. 

International Users 
Brynwood makes no claims that information on this Web Site is appropriate or may be downloaded outside of the United States.  Any personal information (“Personal Data”) that is submitted to this Web Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy.  If you are a non-U.S. user, you acknowledge and agree that Brynwood may collect, process and use your Personal Data and disclose it to other entities outside your resident jurisdiction.  In addition, such Personal Data may be stored on servers located outside your resident jurisdiction.  U.S. law may not provide the degree of protection for Personal Data that is available in other countries.  By providing us with your Personal Data, you acknowledge that you consent to the transfer of such Personal Data outside your resident jurisdiction as detailed in our Privacy Policy.  If you do not consent to such transfer, you may not use this Web site.

Links to Other Web Sites and Services
To the extent that this Web Site contains links to other web sites and outside services and resources, we do not control the availability and content of those web sites, services or resources, nor do we necessarily review or endorse materials available at or through such other web sites.  Viewing other web sites or utilizing outside services and resources is done at your own risk.  Accordingly, we encourage you to be aware when you leave this Web Site and to read the terms and conditions and privacy policy of each third-party web site that you visit.  We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web site or resource.

Other Restrictions on Conduct
You agree not to disrupt, modify or interfere with the functioning of this Web Site or any services provided on or through it. You further agree not to disrupt, modify or interfere with in any way any software, hardware or servers associated with this Web Site, and you agree not to impede or interfere with others’ use of this Web Site.  You also agree not to alter or tamper with any information or materials on, or associated with, this Web Site or services provided on or through it. 

Ability to Accept Terms of Use
You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.  This Web Site is not intended for children under the age of thirteen (13).  If you are under 13 years of age, then please do not use this Web Site and exit now.

Choice of Law and Forum
These Terms of Use shall be governed by the laws of the State of Connecticut.  All disputes arising under, or in any way connected with your use of this Web Site, shall be litigated exclusively in the state and federal courts residing in the State of Connecticut, and in no other court or jurisdiction.  You hereby submit to the jurisdiction of the state and federal courts sitting in the State of Connecticut and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to use of this Web Site. These Terms of Use, together with the Privacy Policy, and any other documents or policies referenced herein constitute the entire agreement between you and Brynwood regarding the use of this Web Site and the content and services provided on this Web Site, superseding any prior agreements between you and Brynwood relating to the subject matter hereof.  

Severability and Enforceability
If any provision or portion of these Terms of Use is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms of Use.

Termination/Exclusion
We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing this Web Site for any reason or for no reason whatsoever including improper use of this Web Site or failure to comply with these Terms of Use, and to take any other action we deem appropriate.

General
We may assign, novate or subcontract any or all of our rights and obligations under these Terms of Use at any time.

If you have any questions or comments on this Web Site or become aware of misuse of this Web Site by any person, please contact us at shongo@brynwoodpartners.com.
 
Effective Date
These Terms of Use are effective as of February 1, 2015.

Brynwood Partners

Brynwood Partners

Brynwood Partners

Brynwood Partners

Brynwood Partners
Brynwood Partners