TERMS OF USE

Legal Terms and Conditions of Use

Terms and Conditions of Use

ABRY Partners ("ABRY") is providing this website as an information service to its investors, companies and visitors. By using the site or copying materials from the site, you agree to abide by the terms and conditions set forth in this section. If you do not agree to abide by these terms and conditions, do not use the site or copy materials from the site. Please note that it is your responsibility to be aware of, and to observe, all applicable laws and regulations of any relevant jurisdiction.

Nothing on this website constitutes an offer to sell or solicitation of an offer to buy any securities. Nothing on this site constitutes professional and/or financial advice nor does any information on this site constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. No action should be taken or omitted to be taken in reliance upon information on this site. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstances.

Information on Website

ABRY does not warrant the accuracy, currency or completeness of the information or the reliability of any advice, opinion, statement or other materials displayed on, or distributed through, this website. The information set forth in this website may contain inaccuracies and typographical errors. You acknowledge that any reliance on any such opinion, advice, statement, memorandum or materials shall be at your sole risk.

THIS WEBSITE AND THE INFORMATION AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS." ABRY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Information Provided By You

Please do not send ABRY anything that constitutes a trade secret or confidential and proprietary information. We are not in a position to accept such information, nor can we agree to obligations of nondisclosure or confidentiality with regard to submitted plans or ideas. You agree that any information or materials that you, or individuals acting on your behalf, provide to ABRY will not be considered confidential or proprietary. We receive a large number of business plans, and we reserve the right to review only those plans that we believe fit our criteria for investment. We also reserve the right to reject plans in our sole discretion, and we are under no obligation to return any materials to the sender. We expect to receive many similar plans and ideas. Therefore, you understand that your idea may already have been submitted to us or be under consideration by us. We are not limited or restricted in any way from pursuing opportunities with others.

Limitations of Damages

IN NO EVENT SHALL ABRY BE LIABLE TO YOU OR ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, MULTIPLE, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE INFORMATION, CONTENT, MATERIALS, AND FUNCTIONS OF THIS WEBSITE OR ANY LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indemnification and Release

By accessing this website, you agree to indemnify ABRY and any parent, subsidiary or affiliated entities, and their respective partners, stockholders, members, managers, officers, directors, employees and agents, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of this website. In addition, you hereby release ABRY and any parent, subsidiary or affiliated entities, and their respective partners, stockholders, members, managers, officers, directors, employees and agents, from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes. You hereby agree to waive all laws that may limit the efficacy of such releases.

Third-Party Sites

As a convenience to you, ABRY may provide on this website, links to websites operated by other entities. If you use these sites, you will leave this website. If you decide to visit any linked site, you do so at your own risk. In addition, third-party sites may be linked to this site, with or without our consent. ABRY makes no warranty or representation regarding, does not endorse, and does not accept any responsibility for, any websites linked to or from this website or the information appearing thereon or any of the products or services described thereon. Links do not imply that ABRY, endorses, is affiliated or associated with, the owner of such linked websites or that ABRY is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of ABRY or any of its affiliates.

Changes

We reserve the right, at our sole discretion, to change, modify, add or remove any portion of this website or these terms, in whole or in part, at any time. Changes will be effective when posted. Your continued use of the website after any changes are posted will be considered acceptance of those changes.

We may also terminate, suspend or discontinue any aspect of this website, including the availability of any features of the website, at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the website without notice or liability.

Miscellaneous

The terms and conditions of use set forth in this section shall be governed by the laws of Massachusetts, without giving effect to its conflict of laws provisions. The terms and conditions set forth in this section constitute the entire agreement between ABRY and you with respect to your use of this website. Any cause of action you may have with respect to your use of this website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision hereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms, and the remainder shall continue in full force and effect.

Unless otherwise indicated, the content, including but not limited to the text and images herein and their arrangement, is:

Copyright © 2008 by ABRY Partners. All Rights Reserved.

You may not copy or display for redistribution to third parties any portion of the content without the prior written permission of ABRY.