Terms of Use

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Terms of Use

Effective Date: February 14, 2014

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE PINE BROOK WEBSITE (“SITE”) YOU AGREE TO BE BOUND BY THESE TERMS OF USE. These Terms of Use affect your legal rights and obligations. Therefore, if you do not agree to be bound by all of these Terms of Use, do not access or use the Site. Your access to the Site for the limited and exclusive purpose of reviewing these Terms of Use does not constitute your “use” of the Site or agreement to be bound by these Terms of Use unless you further access the Site.

Changes to Terms of Use
Pine Brook (“Pine Brook,” “we,” “us,” or “our”) may modify these Terms of Use. You understand and agree that your access to or use of the Site is governed by the Terms of Use in effect at the time of your access to or use of the Site. If we make material changes to these Terms of Use, we will indicate the date the Terms of Use was changed at the top of this page. By continuing to use the Site after we post any such changes or notify you of any material changes, you accept the Terms of Use, as modified. You should revisit this webpage on a regular basis as revised versions will be binding on you.

Using the Site
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair, or correction of, that hardware and/or software.

You acknowledge that, by using the Site, you may incur charges from your wireless carrier, internet service provider, or other method of internet or data access, and payment of any such charges will be your sole responsibility. You agree that your use of the Site will be in accordance with all requirements of your wireless carrier, internet service provider, and other method of internet or data access. Pine Brook does not control network access. Your use of these networks may not be secure and may expose your personal information sent over such networks.

To use certain features of our Site, you will need a username and password to create an account. You are responsible for maintaining the confidentiality of your password and account. You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security regarding your account. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Restrictions on Using the Site
You may not solicit, collect, or otherwise use the login credentials of other Pine Brook users. You may not use the Site for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations—whether federal, state, local, or provincial—applicable to your use of the Site.

In creating your account, you represent that all information you provide is true, accurate, current, and complete. You agree to update your information, as necessary, to maintain its truth and accuracy.

You may not change, modify, adapt, or otherwise alter the Site, or change, modify, or alter another website so as to falsely imply that it is associated with the Site or Pine Brook. You may not interfere with or disrupt the Site’s servers or networks connected to the Site. This includes, but is not limited to, transmitting worms, viruses, spyware, malware, or any other code of a malicious or disruptive nature. You may not inject content or code, or otherwise alter or interfere with the way any page from the Site is rendered or displayed in a user’s browser or device. You may not extract or scrape data from the Site through web crawlers, bots or any other technologies, nor repurpose or display this data on any other site or service. You may not attempt to restrict another user from using or enjoying the Site, and you may not assist, encourage, or enable violations of these Terms of Use or any other Pine Brook terms.

Information Made Available Through the Service
All information on the Site is for informational purposes only. It is believed to be reliable, but Pine Brook does not warrant its completeness, timeliness, or accuracy. As such, Pine Brook shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, or completeness of the data, services, or content of the Site. Pine Brook reserves the right, at any time and from time to time, in the interests of its own editorial discretion and business judgment to add, modify, or remove any of the data, services, or content made available on the Site.

The fact that Pine Brook has made content on the Site available to you constitutes neither a recommendation that you enter into a particular transaction, nor a representation that any product described on the Site is suitable or appropriate for you. You should not enter into any transactions unless you fully understand all risks and have independently determined that a particular transaction is appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice, nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions. The Site does not include information with respect to all of the companies in our portfolio.

Suspension and Termination of Access
You agree that, in our sole discretion, we may suspend or terminate your password or account, or deny access to the Site or any features of the Site, to anyone who violates these Terms of Use or who interferes with the ability of others to enjoy the Site or infringes on the rights of others.

Service Availability
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion of it, with or without notice. You agree that we will not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Site or any portion of it.

Privacy
We respect the privacy of the users of the Site. Please review our Privacy Policy. These Terms of Use include and fully incorporate our Privacy Policy.

Disclaimer of Warranties
THE SITE AND RELATED SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. AS SUCH, YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PINE BROOK AND ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ABOUT: (i) THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE; (ii) THE CONTENT OF THE SITE; OR (iii) THE SAFETY AND SECURITY ASSOCIATED WITH THE TRANSMISSIONS OF INFORMATION TO PINE BROOK OR VIA THE SITE.

PINE BROOK DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT ACCESS TO DATA STORED BY YOU OR OTHERS ON THE SITE IS NOT GUARANTEED AND THAT WE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE SITE OR ITS UNAVAILABILITY.

Limitations on Liability
UNDER NO CIRCUMSTANCES WILL PINE BROOK AND ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SITE. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS OR REVENUE, LOST DATA, LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF FORESEEABLE OR EVEN IF PINE BROOK KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

Governing Law
You agree that your use of the Site, these Terms of Use and Privacy Policy, and any disputes relating to any of them, shall be governed in all respects by the laws of the State of New York without regard to any conflict of law principles. Any dispute relating to the above shall be resolved solely in the state or federal courts located in the State of New York.

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to the use of the Site or these Terms of User must be filed by you within one year after such claim or cause of action arose or be forever barred.