Terms of Use Internet Privacy Statement

Effective as of February 04, 2012

Thank you for visiting our web site located at http://www.carlmarks.com/mc/ (the “Site”). Please carefully review the following Terms of Use Internet Privacy Statement (“Terms of Use”) before continuing on this Site. These Terms of Use are a legal document that governs your use of the Site and any material on it. By using the Site, you agree to and accept these Terms of Use. If you do not agree with these Terms of Use and do not wish to be bound by them, please exit the Site and do not use the Site in the future.

We may, at any time, modify, change or add to these Terms of Use, and any such modifications will be effective immediately upon posting on the Site. We suggest that you periodically check these Terms of Use for modifications. Your continued use of the Site following the posting of any change signifies your acceptance of those changes.

Disclaimer of Warranty and Limitation of Liability

This Site, and all information contained on it, is provided “AS IS.” Carl Marks Management Company, L.P and its subsidiaries and affiliates do not guarantee the accuracy, adequacy, validity, timeliness, completeness or suitability of any information or data made available to you on this Site. We disclaim all warranties, express or implied, including, but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Carl Marks Management Company, L.P. and its subsidiaries and affiliates will not be liable for any damages, losses, costs, expenses or injuries arising out of your reliance upon or use of any such information or data, including without limitation, as may relate to any (i) error, omission, interruption, delay in operation or transmission, (ii) computer virus, (iii) failure or defect in any communication facilities, hardware or software, or (iv) theft and destruction or unauthorized access to, alteration of, or use of information, whether resulting in whole or in part from negligence or otherwise. The use of this Site is at your own risk.

Use of Links

A link to a service or a site outside of this Site is not an endorsement of the service or Site, its content or its sponsoring organization. Carl Marks Management Company, L.P. and its subsidiaries and affiliates take no responsibility for screening or reviewing any of the foregoing and make no representations with respect thereto. There are inherent risks in the use of any software and information found in the Internet and you acknowledge that you understand these risks before using any of these services.

Copyrights and Trademarks

The Site and all of its contents (including, but not limited to, text, graphics, audio clips, logos, buttons, images, downloads, data compilations, software, icons, html code and xml code) as well as all copyright, trademark and other rights therein, are owned by Carl Marks Management Company, L.P., its affiliates and/or their third-party information providers and are protected by United States and international intellectual property laws. No information or material contained on this Site may be reproduced, transmitted, displayed or commercially exploited without the prior, written consent of Carl Marks Management Company, L.P.

Internet Privacy Statement

Carl Marks Management Company, L.P. receives names, e-mail addresses and other personal information through the Site only when voluntarily submitted by users on the optional "Contact Us" links and web page. These mechanisms allow users to ask specific questions of Carl Marks Management Company, L.P. or offer feedback, comments or suggestions to us. This information is not gathered by Carl Marks Management Company, L.P. without users' knowing, active permission and participation. The information submitted enables Carl Marks Management Company, L.P. to respond to user inquiries and requests and obtain a measure of users' needs, interests and ideas for future web site development. Carl Marks Management Company, L.P. respects the privacy of users visiting this Site and does not share any personally identifiable information collected through the Site with any third parties, unless doing so is appropriate to administer our business or is required by law. Carl Marks Management Company, L.P. will provide you with a written customer privacy notice governing the use of your nonpublic personal information if and when you establish a customer relationship with us.

Should you have other questions or concerns about these disclaimers and the privacy statement, please send an
e-mail to lreynolds@carlmarks.com

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