Terms of Use

By accessing and/or using this web site and any materials presented herein (the “Site”), you accept in their entirety the following terms and conditions of use of the Site (the “Terms of Use”). Diamond Creek Partners LLC and its affiliates (collectively “Diamond Creek”) reserve the right to change the terms, conditions and notices under which this Site is offered without notice at any time. Each access or use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use.

1. Limited License to Use the Site

Except as specifically permitted below, nothing contained in these Terms of Use or the Site either grants or will be construed to grant to you or any third party any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of Diamond Creek LLC or any of its affiliates. Diamond Creek reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material in the Site. Diamond Creek grants you a limited, nonexclusive license to display and otherwise access and/or use the Site solely for your own private, non-commercial informational purposes only, and to print pages from the Site only in connection with that access and/or use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site.

2. No Offer of Securities

Under no circumstances should any material on the Site be used or considered as an offer to sell or a solicitation of an offer to buy any interest in any investment fund sponsored or managed by Diamond Creek LLC’s affiliates. Any such offer or solicitation can and will be made only by means of the confidential information memorandum of each such investment fund, only in jurisdictions in which such an offer would be lawful and only to individuals who meet the investor suitability and sophistication requirements of each such investment fund, including qualifying as accredited investors within the meaning of the Securities Act of 1933, as amended. Access to information about the investment funds is similarly limited to individuals who meet the applicable investor suitability and sophistication requirements.

3. No Warranty

DIAMOND CREEK, AND ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. ANY CONTENT OF THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND. DIAMOND CREEK HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY.

4. Limitation of Liability

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, DIAMOND CREEK, AND ITS RESPECTIVE OFFICERS,DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY IN USING THE SITE, OR (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE, OR (III) OTHERWISE ARISING OUT OF THE ACCESS AND/OR USE OF THE SITE; IN ANY CASE WHETHERBASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.SUCH LIMITATIONS APPLY EVEN IF DIAMOND CREEK OR ANY OF ITS RESPECTIVE OFFICERS,DIRECTORS, PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITYOF DAMAGES.

5. General

These Terms of Use are governed by the laws of the State of New York, without reference to their conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in New York County, New York, U.S.A., as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site. Except with regard to requests pertaining to personal information (which address is provided in the Privacy Policy any notice to Diamond Creek shall be given in writing and sent by registered mail to Diamond Creek LLC, 101 Park Avenue, New York, NY 10017,Attention: General Counsel.

If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction