Legal

Terms of Use and Legal Information

By accessing this site, you signify your agreement with and understanding of the following Terms of Use pertaining to both this site and any material contained therein. This site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this site constitutes your agreement to all such terms, conditions, and notices. Cynosure Management, LLC and its affiliates (collectively, “Cynosure”) reserves the right to change the terms, conditions, and notices under which this site is offered without prior notice at any time.

Ownership of Site and Trademarks/Lawful Use

Cynosure owns and maintains this site. Nothing at this site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any photograph, image, trademark, logo or service mark at the site. No act of downloading or otherwise copying from this site will transfer title to any software or material at this site to you. Anything that you transmit to this site becomes the property of Cynosure, may be used by Cynosure for any lawful purpose, and is further subject to disclosure as deemed appropriate by Cynosure, including to any legal or regulatory authority to which Cynosure is subject. Cynosure reserves all rights with respect to copyright and trademark ownership of all material at this site, and will enforce such rights to the full extent of the law. This site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from this site.

Restrictions on Use

While using the Site, you agree to comply with this Agreement and all applicable laws, rules and regulations, and will not encourage or promote any activity that violates this Agreement. By accessing or otherwise using the Site, you agree that you will not under any circumstances:

• Copy or print material from the Site (including but not limited to individual Site pages or any research or reports posted on the Site) for commercial purposes without our prior permission. You must also get our permission before making more than minimal copies of Site materials or copying large portions of the Site. Any use of Site materials must not alter the original Site content, including all legal notices and legends;
• Link to or frame this Site or any portion thereof;
• Link to or frame tInterfere or attempt to interfere with the Site’s networks or network security, or attempt to use the Site to gain unauthorized access to any other computer system;
• Make any automated use of the Site, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our serves or network infrastructure;
• Bypass any measures we take to restrict access to the Site or use any software, technology or device to scrape, spider, or crawl the Site or harvest or manipulate data; and
• Publish or link to malicious content

No Offer of Securities or Advice – Disclaimers

The information contained herein is not investment advice. You acknowledge that the content of the Site is for general, informational purposes only and is not intended to constitute an offer to sell or buy any securities or other assets or promise to undertake or solicit business, and may not be relied upon in connection with any offer or sale of securities or other assets.

Offers can only be made where lawful under, and in compliance with, applicable law. We make no representations that any information provided via the Site is accurate, current, reliable or complete. You are solely responsible for evaluating the risks and merits regarding the use of the Site and any services provided herein. We are not utilizing the Site to provide investment, legal, accounting, tax or other professional advice, and nothing on the Site is to be deemed a recommendation that you buy, sell or hold any security or other investment or that you pursue any investment style or strategy. If you would like investment, accounting, tax or legal advice, you should consult with your own advisors with respect to your individual circumstances and needs.

Any specific company listed or discussed is not intended to be representative of any or all companies purchased, sold or recommended for Cynosure’s advisory clients. One should not assume that all investments in the companies identified are or will be profitable.

Access to information about any accounts is limited to investors who, among other requirements, either qualify as accredited investors within the meaning of the Securities Act of 1933, as amended, or those investors who generally are sophisticated in financial matters, such that they are capable of evaluating the merits and risks of prospective investments.

The quotes provided by personnel of portfolio companies of certain of Cynosure’s advisory clients may not be representative of the experience of personnel of other portfolio companies, and are not a guarantee of future performance or success.

Forward-Looking Statements and Past Performance

The contents of the Site may contain forward-looking statements that are based on beliefs, assumptions, current expectations, estimates, and projections about the financial industry, the economy, Cynosure itself or its investments. These statements do not guarantee future performance and involve certain risks, uncertainties and assumptions that are difficult to predict with regard to timing, extent, likelihood and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. Furthermore, Cynosure undertakes no obligation to update, amend or clarify forward-looking statements, whether as a result of new information, future events or otherwise. Furthermore, past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.

No Reliance

While Cynosure uses reasonable efforts to update the information on this site, Cynosure makes no representations or warranties as to the accuracy, reliability or completeness of any information at this site. Opinions, advice and any other content at this website, including the terms and conditions of your use of this service, are subject to change without notice or liability.

Material to be Consulted in its Entirety

All materials at this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

Third Party Content

Some of the content on the Site is produced by users, publishers, and other third parties and is not controlled by Cynosure. You acknowledge that such content is the sole responsibility of the third-party person or organization that created it and we assume no responsibility for any third-party content or information. Although Cynosure reserves the right to review all content and information that appears on the Site and to remove any content or information at Cynosure’s discretion, we do not necessarily review all or any of it. Access and use of third-party content made available through the Site is solely at your own risk and Cynosure makes no warranties, express, statutory, or implied, with respect to such third-party content or information. This Agreement does not govern your use of any site or service other than the Site. You should review applicable terms and policies of any linked third-party content, information or websites. To the maximum extent permitted by applicable law, we will not be liable for any content submitted, posted, linked to, shared or otherwise made available via the Site, including, but not limited to, any inaccuracies, errors or omissions in any content, any intellectual property infringement with relation to the linked content, or any loss or damage of any kind incurred as a result of the use of any content linked in or otherwise made available via the Site.

Cookies

This website may utilize “cookies.” A cookie is an element of data that a website can send to your browser and store on your computer’s hard drive. They are used by Cynosure to determine user activity throughout its website (such as specific pages visited, time spent on those pages, and frequency of visits). Cynosure uses this information to analyze usage patterns and, more importantly, to provide you with a more rewarding experience each time you visit the Cynosure website. Cynosure does not use cookies to store or transmit any personally identifiable information about you on the Internet.

Statement Regarding Internet Phishing and Fraud

Please be aware that bad actors may attempt to misuse Cynosure’s name, brand and reputation by publishing fake websites and engaging in phishing scams seeking personal or confidential information. Cynosure does not authorize such misuse of its name, brand and reputation and investigates these matters to ensure that its legal rights and reputation are protected.

When you communicate with Cynosure through a digital media platform, please remember the following, especially before disclosing personal information:

• Confirm that you are visiting a website authorized by Cynosure.
• Communicate only with individuals who are affiliated with an authorized office of Cynosure.
• Employees and authorized representatives of Cynosure are only permitted to use an authorized email address of Cynosure to conduct business on behalf of Cynosure. Authorized email addresses of The Cynosure use “@cynosuregroup.com.” Do not send emails to anyone claiming to be an employee or authorized representative of Cynosure if they do not use an authorized email address of Cynosure.
• Do not share your password or login information with anyone, including anyone from Cynosure. Aside from the operation of certain private websites that are only available to investors through a secure login procedure, Cynosure will never ask you for your password or login information.

No Warranty

The materials in this site are provided “as is” without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. Cynosure further assumes no responsibility for, and makes no warranties that, functions contained at this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components. Cynosure shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of this site. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.

Limitation of Liability

IN NO EVENT SHALL CYNOSURE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE MATERIAL CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE. IN NO EVENT SHALL CYNOSURE TOTAL LIABILITY FOR ANY AND ALL DAMAGES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE USE OF THIS WEBSITE.

Certain laws do not allow limitations or implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Severability

In the event any of the terms or provisions of these terms and conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These terms and conditions shall be subject to any other agreements you have entered into with Cynosure.

Disputes

All claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of this site and any and all other Cynosure site(s), shall be submitted exclusively to the jurisdiction of the State or federal courts located in the State of Utah and the County of Salt Lake. In the event any portion of these Terms of Use is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms of Use and, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms of Use. You agree that your breach of these Terms of Use may result in irreparable harm to Cynosure which cannot be compensated by money damages, and that Cynosure shall be entitled to obtain injunctive relief for any such breach.

Global Dealing Restrictions

The materials and services at this website are intended for U.S. persons only. Cynosure makes no representation that this website is appropriate for use in all locations, or that transactions, securities, products, instruments or services discussed at this website are available or appropriate for sale or use in all jurisdictions, or by all investors or counter parties. Those who access this website are responsible for compliance with applicable local laws or regulations. No software at this website may be downloaded or otherwise exported in contravention of U.S. Department of Treasury or U.S. Department of Commerce regulation.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Utah, applicable to agreements made and entirely to be performed within the State of Utah without resort to its conflict of law provisions.