Terms of Use

Thank you for visiting the website of Wind Point Partners and its affiliates (together, “Wind Point”, “we” or “us”). By accessing this website (the “Site”), you acknowledge and agree to accept the following Terms of Use pertaining to the use of the Site, which constitute a legal agreement between you and Wind Point Partners. By visiting the Site, you agree to these Terms of Use and our Privacy Policy, which may be updated by us at any time.

1. Uses of Our Site and Content

By visiting this Site you agree to the following with respect to the content and information on the Site (the “Content”).

· Wind Point grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy and print pages from the Site solely for your personal and noncommercial use only.

· You may not use any trademark, service mark or logo of Wind Point or any third party that appears on the Site without prior written consent.

· You agree not to copy portions of the Site (such as by bots, robots or spiders that “harvest” the Site), interfere with the functioning of the Site or restrict or inhibit any others from using the Site.

· If you download any pages from the Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such Content. You may not alter or modify the Content in your copies.

· Unless you receive our permission in advance, you may not exploit any of the Content commercially, forward it as a mass distribution, post it on another site, or otherwise copy, distribute or modify any portion of the Site.

· If you link other websites to this Site, you may not imply or suggest that Wind Point has endorsed or is affiliated with such websites and you may not display this Site as “framed” within another website.

· You may not transmit any virus, worm, time bomb or similar system interference or corruptant through this Site.

2. Investment Disclaimers

This website is intended solely to provide information regarding Wind Point’s potential partnering and financing capabilities for prospective portfolio companies. The information provided on this website, including information regarding Wind Point’s current and historical portfolio companies, is not intended to recommend any company described herein and is not an offer or sale of any security or investment product or investment advice. The portfolio company case studies shown herein are for illustrative purposes only and do not purport to be a complete list of businesses with which Wind Point has partnered. This Site is for general informational purposes only. Under no circumstances should any information presented on the Site be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments or other services. Dated content speaks only as of the date indicated.

This Site does not provide specific investing advice or strategies to any individual. The investments and strategies discussed in the Content may not be suitable for all investors and are not obligations of or guaranteed by Wind Point or any of its affiliates. There is no assurance that a Fund’s investment objective or strategies outlined on this Site will be achieved or that investors will receive a return on their capital. Investors must read and understand all the risks described in a Fund’s final confidential private placement memorandum and/or the related subscription documents before making a commitment. The investments are subject to investment risks, including the loss of the principal amount invested. Nothing contained on the Site constitutes investment, legal, tax or other advice nor is to be relied on in making an investment or other decision. Decisions based on the Content are the sole responsibility of the user. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. You agree that Wind Point is not liable for any action you take or decision you make in reliance on any Content. Wind Point will not treat users of the Site as its partners, clients, customers or investors by virtue of their accessing the Site.

Past performance is not indicative of future results and it should not be assumed that EBITDA and similar operating results for the portfolio companies shown will be achieved for other companies. No representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.

3. Third-Party Links

Wind Point does not review or monitor any websites linked from or to the Site and is not responsible for the content of any such websites, or any products or services contained on or accessible through such other websites, their terms of use or privacy policies. You are advised to review the terms of use and privacy policies of any website that you visit. Wind Point disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked from the Site.

4. Indemnity

You agree that you will be solely responsible for, and that you will defend, indemnify and hold Wind Point, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use or otherwise resulting from your use of the Site. Wind Point reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Wind Point for all liabilities, losses, or damages. You agree to provide Wind Point with whatever cooperation it reasonably requests.

5. Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms of Use against or relating to Wind Point or any indemnified party under these Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in Chicago, IL and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact us at investorrelations@wppartners.com