Terms of Use

1. These Terms of Use are a Binding Agreement

By entering or using our website (the “Site”), you acknowledge your understanding of, and agree to be bound by, the following terms of use (“Terms of Use”). Berkeley Point Capital LLC (“Berkeley Point Capital”) reserves the right, at its sole discretion to change, modify, add or remove any portion of these Terms of Use without notice. Such changes, modifications and additions to and removals from these Terms of Use are valid and enforceable once posted on the Site. You are responsible for regularly reviewing these Terms of Use. By continuing to use the Site after any changes to the Terms of Use are posted, you agree to be bound by such changes.

2. No Offers or Advice

Under no circumstances should any information or materials presented on this 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 products or services. Furthermore, no information or materials contained on the Site should be construed or relied upon as investment, legal, accounting, tax or other professional advice or in connection with any offer or sale of securities or any other products or services. Berkeley Point Capital makes no representation that transactions, products or services discussed on the Site are available or appropriate for sale or use in all jurisdictions or by all investors. Berkeley Point Capital may only transact business or render advice in those jurisdictions where Berkeley Point Capital is registered or otherwise excluded or exempted from registration requirements. Those who access this Site do so at their own initiative and are responsible for compliance with local laws or regulations.

3. Services

These Terms of Use pertain to both the Site and any account access or other services provided on or through the Site (“Services”). Services available via the Site are also governed by any other separate agreement(s) that you may have with Berkeley Point Capital, including without limitation any loan agreements, and all amendments thereto.

4. Use of Site Content

The Site and all of its content, including without limitation its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Content”) are protected by copyright laws and other U.S. and international laws and treaties. All Content is provided by Berkeley Point Capital as a service to its current and prospective customers and may be used only in accordance with these Terms of Use. No right, title or interest in any Content is conveyed to you. Except as expressly provided in any loan or other agreement between Berkeley Point Capital and you, you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit any Content without our prior written permission, and you may not access or use the Site for any purpose which is competitive to Berkeley Point Capital. All rights not expressly granted herein are reserved by Berkeley Point Capital.

5. Berkeley Point Capital Trademarks

Berkeley Point Capital and its affiliates retain all rights in and to their trademarks, trade names, brand names and the like. These marks, names and all associated logos or images are registered or common law trademarks of Berkeley Point Capital or its affiliates and are protected by U.S. and international laws and treaties. No license to the use of such marks, names and the like is granted to you under these Terms of Use. Your misuse of the trademarks displayed on the Berkeley Point Capital Site is strictly prohibited.

6. Communications to Berkeley Point Capital

Except as provided in any loan or other agreement between Berkeley Point Capital and you, Berkeley Point Capital shall be free to use any communication you send through the Site (including without limitation your name or other personally identifiable information, and any ideas, concepts, techniques, requests, or content contained in such communication) for any purpose whatsoever including without limitation the marketing of financial and loan products using such information. You are responsible for obtaining and maintaining any communications equipment necessary to connect to the Site and the Services, including without limitation modems, computer hardware and software and long distance or local telephone service or other internet access. You must be connected to the Internet and must use your own Internet service provider (“ISP”) to access the Site and the Services. All charges incurred for such equipment and access are your sole responsibility.

7. Member Account and Password Security

You may receive a unique user name and password (“Access Codes”) upon completing a registration process for certain Services. It is your responsibility to safeguard and protect your Access Codes and to monitor use of these Access Codes for all purposes. You accept all responsibility for maintaining the security of your Access Codes and for all utilization of the Services via your Access Codes, with or without your knowledge or consent. You agree to (a) immediately notify Berkeley Point Capital of any unauthorized use of your Access Codes or any other breach of security; (b) ensure that you exit from your account at the end of each session; and (c) notify Berkeley Point Capital immediately if you have lost your Access Codes or wish to terminate your access or have these Access Codes changed.

8. Links to Other Websites and Services

Berkeley Point Capital is not responsible for the content of any website that links to or is linked from this Site. Your linking to any off-site pages or other websites is at your own risk. Accordingly, Berkeley Point Capital cannot be held responsible for the information, materials, products or services obtained on or from such other websites, nor will it be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by Berkeley Point Capital with respect to any such linked websites, the operators of such websites, or the content, products or services contained or accessible through such websites.

9. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” BERKELEY POINT CAPITAL MAKES NO WARRANTIES THAT ACCESS TO OR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BERKELEY POINT CAPITAL DISCLAIMS ANY AND ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, REGARDING THE SITE AND SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. NO WARRANTIES REGARDING THE SITE AND SERVICES SHALL ARISE THROUGH COURSE OF DEALING OR USAGE OF TRADE.

10. Limited Liability

IN NO EVENT WILL BERKELEY POINT CAPITAL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEBSITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, TORT (INCLUDING WITHOUT LIMITATION STRICT LIABILITY TORTS) AND ANY OTHER CAUSE OF ACTION EVEN IF BERKELEY POINT CAPITAL IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES IN THIS SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY IN SECTION 11 AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.

11. Exclusive Remedy

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE SERVICES OFFERED THEREIN, IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST BERKELEY POINT CAPITAL WITH RESPECT TO THIS AGREEMENT, THE SITE, OR ANY SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE, AS APPLICABLE.

12. Indemnification

You agree to indemnify and hold Berkeley Point Capital and its subsidiaries, affiliates, officers, agents and employees, harmless from any loss, including without limitation attorney’s fees, arising out of or in connection with any claim, demand, action, or liability made by any third party related to or arising out of: (1) information or material you submit, post, transmit, or otherwise make available through the Site or Services; (2) your use of the Site or Services; (3) your connection to the Site or Services; and (4) any violation of these Terms of Use.

13. Revisions and Termination

Berkeley Point Capital may terminate, change, suspend or discontinue any aspect of this Site, including without limitation the availability of any features of the Site, at any time and without notice. Berkeley Point Capital may terminate or suspend your access to the Site and Services, with or without cause, and without notice at any time and for any or no reason, and Berkeley Point Capital shall have no liability, with respect to such termination. Any termination of any aspect of the Site or Services including without limitation your access to the Site, shall not terminate or otherwise affect any separate agreements related to the Site or Services including without limitation any loan agreements, and all amendments thereto.

14. Waiver and Severability of Terms

The failure of Berkeley Point Capital to exercise or enforce any right or provisions of these Terms of Use shall not constitute a waiver of such right or provision. Any and all waivers must be in writing to be enforceable. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and all other provisions of these Terms of Use shall remain in full force and effect. NOTHING CONTAINED HEREIN SHALL CONSTITUTE A DEFENSE TO, OR A WAIVER BY BERKELEY POINT CAPITAL OF, ANY RIGHTS BERKELEY POINT CAPITAL HAS UNDER ANY LOAN DOCUMENT OR OTHER AGREEMENT OR APPLICABLE LAW, RULE, REGULATION OR REQUIREMENT.

15. Governing Law and Jurisdiction

These Terms of Use shall in all respects be governed by and construed in accordance with the laws of the State of New York (excluding conflict of law rules and principles). You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in New York County, New York, in all disputes arising out of or relating to these Terms of Use or the use of the Site or any Service.

16. Contact Us

If you have questions regarding the Terms of Use, please contact us via e-mail at nancy.spokowski@berkpoint.com

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