PENINSULA CAPITAL PARTNERS, L.L.C. You (the “User” or “Users”) are presently in www.peninsulafunds.com, the proprietary website for Peninsula Capital Partners L.L.C. The information presented by Peninsula Capital Partners, L.L.C. on its behalf and on behalf of its affiliates and managed funds (collectively “Peninsula”) on this website (the “Site”) is subject to the Limitations, Terms & Conditions set forth herein (the “Terms & Conditions”). These Terms & Conditions apply to all Users. By entering and using the Site, and/or by transmitting any information to the Site, the User hereby acknowledges and agrees to all of the Terms & Conditions. Accordingly, please read the Terms & Conditions carefully. If the User does not understand or agree to the Terms & Conditions, please do not use the Site. Any use of the Site in a manner inconsistent with these Terms & Conditions is deemed unsanctioned access and may subject the User to civil or criminal penalties. We reserve the right to revise these Terms & Conditions at any time and for any reason, without notice or obligation, by updating this posting. The User’s continued use of the Site subsequent to any changes to the Site and/or its Terms & Conditions constitutes the User’s acceptance of any such amendments. We strongly recommend that User periodically review the Site’s Terms & Conditions and ensure their acceptance of them.
1. TRADEMARKS & COPYRIGHTS
No portion of the Site, including without limitation, text, images and/or other media, may be used in any manner, or for any purpose, without the prior, express, written approval of Peninsula, except as specifically provided herein. The Site and all of its contents are the exclusive property of Peninsula, and are subject to U.S. and international copyright and other intellectual property protection laws. Furthermore, all software used on the Site is the property of Peninsula or its software suppliers and is similarly protected by applicable U.S. and international laws.
By entering and using the Site, the User acknowledges and agrees that each name, logo, trademark, service mark, or trade name contained on the Site is owned or licensed by Peninsula (or otherwise employed by Peninsula with permission) and may not be used by the User without the prior, express, written approval of Peninsula. Peninsula reserves all rights to enforce its intellectual property rights to the fullest extent of the law. All information or images of places or people are either the property of Peninsula, or employed on the Site by Peninsula with permission, and the use of any such materials is prohibited without the express, prior and written permission of Peninsula. Any unauthorized use of such materials may subject the User to penalties, damages and/or regulatory enforcement actions, including without limitation, violation of trademarks, copyrights, privacy, and/or other intellectual property rights.
2. RESTRICTIONS ON USE OF SITE INFORMATION
Peninsula hereby grants the User a limited license to access the Site for personal use only, including printing copies of information from the Site, and storing information from the Site on their own computer, unless and until such actions are subsequently prohibited by Peninsula via revisions to the Terms & Conditions. User may not modify the Site, or any portion thereof, for any reason. Any unauthorized use by the User terminates the approval and limited license granted by Peninsula. Any and all other pertinent rights are expressly reserved by Peninsula.
3. WEBSITE POSTING, TRANSMITTING & LINKING
Without the prior, express, written approval of Peninsula, the User may not do any of the following: (i) establish a hyperlink to the Site from any other website; (ii) include information from the Site on another website, on a server computer, or in written or digital documents; (iii) modify or re-use the information from the Site in a manner prohibited herein; or (iv) transmit any commands, codes or information to the Site, with the exception of those commands necessary to view the Site. Any and all other pertinent rights are expressly reserved by Peninsula.
The User may not transmit to the Site or to any Peninsula personnel, (i) any pornographic, obscene, profane, defamatory, libelous, threatening, or unlawful material or any unsolicited commercial communications or (ii) any material that could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Peninsula, or other parties involved in creating, producing, or delivering the Site, may monitor or review any transmissions to the Site or to Peninsula personnel, Peninsula and such other parties assume no responsibility or liability that may arise from the content thereof, including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
Although the Site may be linked to other sites upon permission, Peninsula is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the Site, the User acknowledges and agrees that Peninsula may not have reviewed all the webpages that are, or may be in the future, linked to the Site, and is accordingly not responsible for the content of any webpages that are linked, either directly or indirectly, to the Site. The User further acknowledges and agrees that when the User follows links to webpages not controlled or affiliated by/with the Site, The User does so at their own risk.
4. QUALIFICATIONS, LIMITATIONS & DISCLAIMERS
While Peninsula undertakes reasonable efforts to help ensure that all material on the Site is correct, accuracy cannot be guaranteed and Peninsula thus makes no warranties or representations as to the accuracy of the Site. THEREFORE, THE SITE AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, IS PROVIDED TO USER ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, AN IMPLIED WARRANTY OF MERCHANTABILITY, APPROPRIATENESS FOR A SPECIFIC PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW.
5. LIABILITY LIMITATIONS
By entering and using the Site, the User acknowledges and agrees that they do so at their own risk and that none of the parties involved in developing, producing, delivering and managing the Site is liable for any harm or damages of any nature, including but limited to, liabilities, losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) that may arise, directly or indirectly, by accessing, browsing and/or using the Site, or by the User downloading or transmitting any text, images or other media to or from the Site.
6. USER SUBMISSIONS
By entering the Site, the User acknowledges and agrees that any communication or material the User transmits to the Site or to Peninsula, in any manner and for any reason, will not be treated as confidential or proprietary, unless a document specifically addressing the confidentiality of a given transmission has been previously executed among the parties. Furthermore, the User acknowledges and agrees that any materials the User transmits to Peninsula may be used by Peninsula, anywhere, anytime, and for any reason whatsoever.
7. CESSATION OF ACCESS
The User acknowledges and agrees that Peninsula may terminate the User’s access to the Site should the User fail to comply with any of the Terms & Conditions or any other guidelines and rules published by Peninsula. Any such termination shall be in Peninsula’s sole and absolute discretion and may occur without prior notice, or any notice. Peninsula further reserves the right to terminate any User’s access to the Site for any conduct that Peninsula, in its sole and absolute discretion, deems (i) is or may be directly or indirectly harmful to other Users, to Peninsula, its affiliates, other business associates, and/or to other third parties, or (ii) violates any local, state, federal, or foreign laws or regulations.
By using the Site, the User hereby understands and consents to the transfer of any data submitted by the User to Peninsula. Under no circumstances will Peninsula provide such information to third parties, other than the Site’s technology consultants who may access such information in the ordinary course of providing website support and maintenance. This Site employs Google Analytics to track how Users use the Site, including the information gathering technology commonly referred to as “cookies” (please see paragraph at end of this section for more information about this technology), to collect standard Internet log information about the User’s use of the Site (including IP address), which is shared with Google. This information is evaluated to assess the User’s use of the Site and to compile statistical reports on Site activity for Peninsula for the purpose of helping Peninsula better understand how the Site is used and may be improved. Peninsula will not, and will not knowingly allow any third party to, use the Site’s analytical tools to track or collect any information regarding the personal identity of Users. In addition, Google will neither associate a User’s IP address with any other data held by Google, nor will it link, or seek to link, an IP address with the identity of a User.
Peninsula does not collect any information relating to the User’s personal identity. The only personal identity information that Peninsula collects is that which is voluntarily and knowingly submitted by the User. Peninsula will not associate any data gathered from the Site with any personal information from any source, unless a User voluntarily and willingly submits such information to the Site.
More information about “cookies”: The Interactive Advertising Bureau (IAB) is an industry body that develops standards and guidelines to support online business processes. It has produced a series of web pages that explain how cookies work and how they can be managed.
9. HOLD HARMLESS & INDEMNIFICATION
The User agrees to indemnify and hold harmless Peninsula, its members, managers, partners, officers, directors, employees, affiliates, and agents, as well as Peninsula’ licensors and other third parties with which Peninsula contracts, from and against any and all claims, demands, actions, costs or expenses or both, including attorney’s fees, incurred by or against such persons or entities arising out of, or resulting from, the User’s use of the Site, the User’s deemed violation(s) of these Terms & Conditions, and/or the User’s deemed violation(s) of any rights of a third party.
10. JURISDICTION & APPLICABLE LAW
By visiting the Site, the User agrees that the laws of the State of Michigan, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort arising between the User and Peninsula. Peninsula may seek injunctive or other appropriate relief in any state or federal court in the State of Michigan, and the User hereby consents to such exclusive jurisdiction and venue in said court.
If any of the Terms & Conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable from the rest of the Terms & Conditions and shall not affect the validity and enforceability of any of the remaining Terms & Conditions.