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INVESTOR RELATIONS TERMS OF USE
General
2008 Asset Holding Corp. and certain of its affiliates is pleased to make available to you the
Reporting System (“RS”) on or through this web
site (the "Site").
Use of RS is restricted to holders of 2008 Asset Holding Corp. common stock
or notes, employees or other authorized representatives of
2008 Asset Holding Corp.. Access and use of RS is subject to the following Terms
and Conditions of Use. In order to use RS, you must agree
to be bound by these Terms and Conditions of Use, including
other agreements and policies incorporated by reference herein,
as such may be amended from time to time (collectively, "Terms
and Conditions of Use"). These Terms and Conditions of
Use are subject to the provisions of the subscription agreement(s)
to which you are a party and any other agreement between 2008 Asset Holding Corp.
and you (each, an “Agreement”).
Confidentiality
By using this Site you represent and agree that you are bound
by the relevant confidentiality provisions of the applicable
Agreement. You are solely responsible for maintaining the
confidentiality of your password and for any use of or action
taken under your password, including, but not limited to,
any content or information transmitted or disclosed through
use of your password, whether or not you have authorized such
use. In addition, you are prohibited from violating, or attempting
to violate, the security of RS or applicable law.
You acknowledge that certain of the information in RS with
respect to 2008 Asset Holding Corp. and its holdings (including information regarding
2008 Asset Holding Corp's portfolio companies and/or investments, if any,
may not have been publicly released. You hereby acknowledge
that you are aware and that you will advise your representatives
that the federal and state securities laws prohibit any person
who has material, non-public information about a company from,
among other things, purchasing or selling securities of such
a company or from communicating such information to any other
person under circumstances in which it is reasonably foreseeable
that such person is likely to purchase or sell such securities.
Proprietary Rights
You acknowledge and agree that 2008 Asset Holding Corp. owns, licenses or has
the right to use RS and all content included therein. RS and
all of such content is subject to protection by U.S. and international
intellectual property laws, including rights in the nature
of patent rights, copyrights, trade secrets, trade names,
trademarks, service marks, moral rights, know how and any
other similar rights recognized under laws or international
conventions in any country or jurisdiction in the world. Subject
to these Terms and Conditions of Use, you may use any information
to which you have authorized access solely for your own private
use in connection with your investment in 2008 Asset Holding Corp.. You may download,
copy and share this information with your authorized representatives
for this purpose only. You may not otherwise download, copy,
manipulate, reformat, print, display, publish, transmit, distribute,
create a derivative work from, sell or make any other use
of, RS, the Site or any information contained therein.
No Representations are Made
The information provided by RS is for your information only.
The information provided by RS will be current as of the date
indicated with respect to such information on RS. Therefore,
some information posted on RS may not be accurate as of a
subsequent date. In addition, some information may have changed
since the last time you viewed or downloaded it. The RS and
the Site may include information provided by or belonging
to third parties. Any such information made available on or
through RS are those of the respective parties and not of
2008 Asset Holding Corp.. 2008 Asset Holding Corp. does not endorse, and does not take responsibility
for, any third party's information.
Limitation of Liability
Except as otherwise provided in the relevant Agreement, in
no event, shall 2008 Asset Holding Corp., or any of its partners, members, officers,
directors equity holders, managers, employees, agents, representatives
or licensors, or any affiliate of any of the foregoing, be
liable under any theory of liability whatsoever (including
negligence or strict liability) for any direct, indirect,
incidental, special, punitive or consequential damages or
for loss of profits, (even if 2008 Asset Holding Corp. has been advised of the
possibility of such damages) arising out of (a) your use of
or inability to use RS, (b) any modification, discontinuance
or suspension of RS, (c) these Terms and Conditions of Use,
or (d) any other matter relating to the use of RS.
Disclaimer of Warranties
2008 Asset Holding Corp. does not represent or warrant, and it disclaims, any
representation or warranty that the use of RS will be timely,
uninterrupted or error free or operate in combination with
any other hardware, software, system or data or RS or the
server(s) that make RS available is free of viruses or other
harmful components.
No Solicitation
Neither the RS, the Site nor the information contained herein
constitutes an offer to sell or the solicitation of an offer
to purchase any security or investment product. Any such offer
or solicitation may only be made by means of delivery of an
approved confidential offering memorandum.
Indemnification
You agree to indemnify and hold harmless and, at 2008 Asset Holding Corp's
option, defend 2008 Asset Holding Corp. and any of its partners, members, officers,
equity holders, managers, employees, agents, representatives
or licensors and any affiliates of the foregoing, from all
damages, costs, liabilities, suits, judgments, penalties,
expenses, obligations, losses, claims, actions, costs and
expenses (including attorneys' fees and expenses), whether
incurred as a result of a third party claim or a claim solely
between you and 2008 Asset Holding Corp., relating to or arising out of (a) any
breach of these Terms and Conditions of Use or (b) any use
of RS by you or by others using RS through use of your password,
whether or not you have authorized such use.
Modification or Termination of Service
2008 Asset Holding Corp. reserves the right at any time and from time to time
to modify or discontinue temporarily or permanently, RS (or
any part thereof) with or without notice. You agree that 2008 Asset Holding Corp.
may terminate your access to RS, or any portion thereof, without
notice if 2008 Asset Holding Corp. believes in its sole discretion that you have
breached or attempted to breach the Terms and Conditions of
Use. The provisions on "Confidentiality", "Proprietary
Rights", "Disclaimer of Warranties", "Limitation
of Liability", "Indemnification", and "Governing
Law; Jurisdiction" shall survive any termination of these
Terms and Conditions of Use.
Governing Law; Jurisdiction
You hereby agree that the internal laws of the State of New
York will apply to all matters relating to these Terms and
Conditions of Use. In connection with any litigation, without
limiting 2008 Asset Holding Corp's right to bring an action against you in any
jurisdiction, you further agree to submit to the exclusive
jurisdiction of and venue in the federal and state courts
located in the County of New York, New York. You agree that
any claim or cause of action arising out of or related to
the use of RS or the Site or these Terms and Conditions of
Use must be filed within one (1) year after such claim or
cause of action arose regardless of any statute or law to
the contrary. You hereby irrevocably waive any and all right
to trial by jury in any legal proceeding arising out of or
relating to this “Terms and Conditions of Use”
or the transactions contemplated hereby.
Miscellaneous
These Terms and Conditions of Use constitute the complete
and exclusive agreement between 2008 Asset Holding Corp. and you with respect
to the subject matter hereof. 2008 Asset Holding Corp's failure or delay to
enforce the strict performance of any provision of these Terms
and Conditions of Use will not constitute a waiver of 2008 Asset Holding Corp's
right to subsequently enforce such provision or to exercise
any other right, power or remedy. You hereby acknowledge that
these Terms and Conditions of Use constitute a valid and binding
contract between you and 2008 Asset Holding Corp.
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