Terms & Conditions
Summer Street Capital Partners LLC Site
Terms and Conditions of Use, Legal Information and Disclaimers
This website (the “Site”) is published and maintained by Summer Street Capital Partners LLC its affiliates and related entities (collectively, “Summer Street”). These Terms and Conditions of Use, Legal Information and Disclaimers (the “Terms”) govern your access to and use of the Site. Therefore, please read them carefully. By accessing, browsing, submitting information to and/or using the Site, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. PLEASE DO NOT ACCESS, SUBMIT INFORMATION TO OR OTHERWISE USE THE SITE IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, LEGAL INFORMATION AND DISCLAIMERS.
Use of Site
Summer Street grants you a non-exclusive right to access and use the Site and the data, material, content or information herein (collectively, the “Materials”) solely for your personal use, subject to the Disclaimers, Limitation of Liability and other provisions of these Terms. Your right to access and use the Site is expressly limited to non-commercial purposes. You agree to: (a) use the Site only for lawful purposes; (b) take all necessary precautions to ensure that all content or other material you post or otherwise make available within the Site does not contain any viruses, time bombs, worms, cancelbots, trojan horses, adware, malware or other programs that may damage, interfere with the operations of the Site or any system, data or information pertaining to the Site, or alter any settings on the Site or any computer any other person uses to access the Site; (c) comply with all rules governing transactions on and through the Site; (d) comply with all applicable laws, statutes, rules, regulations and policies (collectively, “Laws”).
It is an express condition of your access to and use of the Site that you agree not to: (a) distribute, exchange, modify, sell, reproduce, copy, transmit, publish, transfer, republish, compile or decompile, reverse engineer, disassemble, display, remove or delete any Materials provided by Summer Street, its third party licensors and/or other users of the Site; (b) allow unauthorized disclosure or copying of any part of the Site or any Materials obtained from the Site; (c) engage in any conduct that in any way restricts, inhibits or impacts any other user from using or enjoying the Site; (d) violate the privacy rights of other users of the Site; (e) post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane or otherwise objectionable Materials of any kind whatsoever; (f) post or transmit any Materials that encourage or promote illegal activity or that may give rise to civil or criminal liability or that violate any Laws, including but not limited to Laws governing intellectual property; (g) post or transmit any Materials for commercial purposes, other than in connection with your business relationship with Summer Street; (h) post or transmit any Materials that contain false or inaccurate information for the purposes of registering as a user of any part of the Site or any of the functions offered pursuant to any part of the Site (i) probe, scan or test the vulnerability or security of the Site or any system, data or information pertaining to the Site or any other user of the Site; or (j) breach or attempt to breach the security or authentication measures in place controlling access to and use of the Site or any system, data or information pertaining to the Site or any user of the Site.
Submission of Information
ALL INFORMATION OR SERVICES PROVIDED BY SUMMER STREET TO YOU VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS AND IMPLIED. SUMMER STREET AND ITS THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, SUMMER STREET AND ITS THIRD PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, TIMELINESS, SECURITY OR AVAILABILITY OF THE SITE OR ANY MATERIALS POSTED ON OR OTHERWISE ACCESSIBLE VIA THE SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT SUMMER STREET AND ITS THIRD PARTY LICENSORS ARE NOT LIABLE FOR ANY DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE SITE AND THAT THE RISK OF INJURY OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER SUMMER STREET NOR ANY OF ITS THIRD PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE SITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. SUMMER STREET FURTHER MAKES NO WARRANTY THAT THE SITE WILL BE FREE OF VIRUSES, WORMS,CANCELBOTS, TROJAN HORSES, ADWARE, MALWARE OR OTHER PROGRAMS OR CODE THAT MAY HAVE NEGATIVE OR UNEXPECTED EFFECTS ON A USER’S SYSTEM, DATA OR INFORMATION OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT SUMMER STREET, ITS AFFILIATES AND THEIR THIRD PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, DAMAGE TO A USER’S SYSTEM, DATA OR INFORMATION, OR OMISSIONS ASSOCIATED WITH THE SITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST SUMMER STREET AND ALL OTHER INDEMNIFIED PARTIES (AS DEFINED BELOW IN THE PARAGRAPH ENTITLED INDEMNIFICATION) FOR DISSATISFACTION WITH, OR DAMAGE OR LOSS RESULTING FROM, THE SITE OR THE MATERIALS IS TO CEASE YOUR USE OF THE SITE AND/OR THE MATERIALS. THIS SITE IS INTENDED SOLELY TO PROVIDE INFORMATION REGARDING SUMMER STREET CAPITAL PARTNERS’ POTENTIAL FINANCING CAPABILITIES FOR PROSPECTIVE PORTFOLIO COMPANIES. THE INFORMATION PROVIDED ON THIS SITE, INCLUDING INFORMATION REGARDING SUMMER STREET CAPITAL PARTNERS’ CURRENT PORTFOLIO COMPANIES, IS NOT INTENDED TO RECOMMEND ANY COMPANY OR INVESTMENT DESCRIBED HEREIN AND IS NOT AN OFFER OR SALE OF ANY SECURITY OR INVESTMENT PRODUCT OR INVESTMENT ADVICE. IN ANY EVENT, PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE RESULTS AND IT SHOULD NOT BE ASSUMED THAT RESULTS FOR PORTFOLIO INVESTMENTS WILL BE REPEATED WITH RESPECT TO ANY PARTICULAR PORTFOLIO COMPANY OR ACHIEVED FOR ANY OTHER PORTFOLIO INVESTMENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SUMMER STREET OR ANY OF THE OTHER INDEMNIFIED PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR COMPUTING OR OTHER INTERNET ACCESS SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, OR THE MATERIALS, DATA, CONTENT OR INFORMATION ACCESSED VIA THE SITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE SITE, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF SUMMER STREET OR ITS THIRD PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
All Materials published and displayed on, contained within, or relating to the Site, including, but not limited to computer code, text, graphics, user interface, logos, images, designs, and illustrations, are the exclusive property of Summer Street and its content suppliers, and are protected by U.S. and international copyright laws. Summer Street authorizes you to copy and print hard copy portions of the Materials solely for your personal or non-commercial use, provided that any copy of the Materials: (a) shall at all times retain all notices contained thereon; (b) shall not be modified in any way or used, reproduced or distributed for any public or commercial purpose; (c) shall not be transferred to any other person,; and (d) shall include the following copyright notice:
© Summer Street Capital Partners LLC. All rights reserved.
Except as otherwise authorized by these Terms, you may not download, upload, post, repost, host, publish, create derivative works of, distribute, decompile, reverse engineer, disassemble in any way, any Materials, without obtaining prior written permission from Summer Street. Nothing contained herein shall be construed as conferring to you, by implication, estoppel or otherwise, any right, title or ownership in or to the Materials.
The registered and non-registered trademarks, trade names, product brand names, logos, emblems and service marks (the “Marks”) published and displayed on, contained within, or relating to the Site and the Materials are the exclusive property of Summer Street or its third party licensors and are protected by applicable Laws. You may not use, reproduce, modify, delete, distribute or display the Marks for any purpose not expressly authorized by these Terms without the prior written consent of Summer Street.
Changes and Updates
Summer Street may correct technical inaccuracies or typographical errors in the Site and Materials at any time without notice. In addition, Summer Street may make changes in the products, services, pricing, procedures or other information described on the Site or in the Materials at any time without notice. Summer Street shall have the right, in its sole discretion, to change, update, revise or supplement these Terms at any time. Such changes, updates, revisions and supplements to these Terms will be effective upon notice thereof, which may be given by any reasonable means, including by posting on the Site. By continuing to use the Site after such notice, you agree to be bound by any such revisions to these Terms. Please check these Terms periodically to inform yourself of any revisions to which you are bound.
Right to Terminate or Discontinue Access
Summer Street reserves the right to: (a) restrict, prevent, terminate or suspend your access to all or any part of the Site at any time, without notice; or (b) change or discontinue providing all or any part of the Site at any time without notice. Summer Street shall have no obligation to update the Site or to correct any errors or omissions in the Site.
Third Party Websites
As a convenience to you, the Site may provide links or references to sites operated by other individuals, companies or other entities. If you access any of these third party sites you will leave the Site. Summer Street has no responsibility for the data, material, content or information of these other sites, does not make any representations or give any warranties with respect to any data, material, content or information contained at or made available through these other sites and shall not be liable for any damages or injury arising from the data, material, content or information of these other sites. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk. Summer Street reserves the right to terminate any link or linking program at any time. In most cases, Summer Street does not endorse the individuals, companies or other entities, or any products or materials associated with such individuals, companies or other entities, that either provide a link from the Site or provide a link to the Site at their sites. Unless approved in writing in advance by Summer Street, you agree not to: (a) provide a link to the Site or create a hyperlink to the Site; and (b) create any frames at any other sites pertaining to any of the content located at the Site. Please contact Summer Street to seek approval for linking to the Site. Any approval to link to the Site may be revoked by Summer Street, without notice for any reason.
THE LAWS OF THE STATE OF NEW YORK, U.S.A. WILL EXCLUSIVELY GOVERN ALL MATTERS OF CONSTRUCTION AND ENFORCEMENT OF THESE TERMS WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. YOU AND SUMMER STREET AGREE TO EXCLUSIVELY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS LOCATED IN ERIE COUNTY, NEW YORK, U.S.A. IN ANY LEGAL ACTION OR PROCEEDING. THE SITE IS OPERATED BY THE COMPANY FROM WITHIN THE STATE OF NEW YORK AND THOSE WHO CHOOSE TO ACCESS THIS SITE DO SO WITH FULL UNDERSTANDING OF THESE TERMS, INCLUDING THE PROVISIONS OF THIS PARAGRAPH REGARDING THE EXCLUSIVE APPLICATION OF NEW YORK LAW, VENUE AND JURISDICTION.
No delay or omission by Summer Street to exercise any right occurring upon any action, inaction or noncompliance on your part with respect to any of these Terms shall impair any such right or power or be construed to be a waiver thereof or a waiver by Summer Street of any other rights arising hereunder.
The provisions of these Terms are intended to be severable. If any provision of these Terms is determined by a court or other judicial body of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be deemed ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
You agree to indemnify, defend, and hold harmless Summer Street, its affiliates and third party licensors, and their respective shareholders, partners, directors, managers, officers, principals, employees, representatives, agents, attorneys, successors and assigns (collectively, the “Indemnified Parties”), from and against all losses, damages, liabilities, injuries, claims, demands, causes of action, suits, penalties, taxes, costs and expenses, including reasonable legal fees and expenses, of whatsoever kind and nature, incurred by the Indemnified Parties arising out of or in connection with any breach by you of these Terms, including, without limitation, any representations, warranties or covenants contained herein.
Other Terms May Apply
Nothing contained in these Terms is intended to modify or amend any agreement currently in effect between you and Summer Street. Additional terms and conditions may apply to business transactions conducted by Summer Street via the Site. Such terms must be observed and followed as they apply to the particular portions of the Site for which they are intended.
If you have questions regarding these Terms you may contact Summer Street at firstname.lastname@example.org.