TERMS OF USE

The use of and access to this website (“Website”) is governed by these Terms of Use. Use of the Website constitutes an agreement by you, the user, that your use is governed by these Terms of Use. We may update or otherwise amend these Terms of Use at any time in our sole discretion. Your continued use of the Website after any such modifications shall constitute your acceptance of such updated or otherwise amended Terms of Use.

Please read this agreement carefully before you start to use the Website. If you do not agree to abide by these Terms of Use for any reason, you must not access or use the Website.

Ownership
The works of authorship contained in this Website, including but not limited to all design, text and images, trademarks, trade names, service marks, trade dress, logos and other indicia of source and any and all information and content available through the Website (including strategies, policies, business plans, research, concepts and other information (collectively, the “Content”)) are owned, except as otherwise expressly stated, by Marlin Management Company, LLC (“Marlin”) or its affiliates or licensors, and shall remain the property of Marlin or its licensors. You acknowledge that the Website and its Contents are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed.

You may not copy, reproduce, modify, use, republish, post, upload, distribute or transmit in any way material from this Website, without Marlin’s express written consent. You shall comply with all intellectual property laws and treaty provisions and you shall not encumber any interest in, or assert any rights to, the content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any content, in whole or in part.

“Marlin Equity Partners” and all other trademarks, logos and service marks displayed on the Website are trademarks belonging to Marlin, its affiliated entities, or its licensors. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos or service marks displayed on the Website without Marlin’s prior written permission in each instance.

*Disclaimer; No Warranties; Limitation of Liability; Indemnity *

Marlin does not warrant or guarantee, either expressly or by implication, that any material or information on the Website is accurate, complete, reliable, useful, or current. Marlin is not responsible for any errors or omissions on the Website, whether caused by the source of the information or Marlin. Marlin may change any material or information on the Website at any time without prior notice, but Marlin does not make any commitment to update or remove material or information on the Website. Your use of this Website and use or reliance upon any of the materials on it are solely at your own risk.

WITHOUT LIMITING THE FOREGOING OR ANYTHING ELSE SET FORTH IN THIS AGREEMENT, THE WEBSITE AND ALL OF ITS CONTENTS ARE MADE AVAILABLE BY MARLIN “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTI ES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. MARLIN MAKES NO WARRANTY THAT THE WEBSITE, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. USERS OF THE WEBSITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE WEBSITE AND ITS CONTENTS AND ACKNOWLEDGE THAT THE WEBSITE AND ITS CONTENTS MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF MARLIN. MARLIN DOES NOT REPRESENT OR WARRANT THAT ANY WEBSITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY WEBSITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARLIN ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, OR CONTENTS FROM OR TO THE WEBSITE.

MARLIN ASSUMES NO LIABILITY FOR LOSS OR DAMAGE HOWSOEVER RESULTING FROM ANY USE OF OR RELIANCE UPON THE WEBSITE OR ITS CONTENTS. IN NO EVENT WILL MARLIN OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE WEBSITE, ITS CONTENTS, THE USE THEREOF, OR THE INABILITY TO USE THE WEBSITE, EVEN IF MARLIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

This Website is operated and controlled by Marlin in the United States. Marlin makes no warranties that materials on this Website are appropriate or available for use outside of the United States. If it is illegal or prohibited in your country of origin to access or use this Website, then you should not do so. You are responsible for compliance with all local laws and regulations applicable to your use of the Website.

You agree that you will be solely responsible for, and that you will defend, indemnify and hold Marlin, 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 Website. Marlin 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 Marlin for all liabilities, losses or damages. You agree to provide Marlin with whatever cooperation it reasonably requests.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, UNLESS OTHERWISE REQUIRED BY LAW.

Restrictions on Use

You agree not to interrupt, damage, disable, overburden or impair the Website or interfere with any other user’s use and enjoyment of the Website, such as sending mass unsolicited messages or “flooding” servers with requests. You agree not to violate or attempt to violate the security of the Website, including, without limitation, by (1) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (3) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. Marlin will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Marlin will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.

No Offer or Advice

The information presented on or through the Website is made available solely for informational purposes in relation to Marlin and its financing capabilities for prospective portfolio companies. The information provided on this Website, including information regarding Marlin’s current and historical portfolio companies, is not intended to recommend any company or investment described herein and is not an offer or sale of any security or investment product or investment advice. In any event, past performance is not a guarantee of future results and it should not be assumed that results for portfolio investments will be achieved for other investments. Representative investments are not to be considered a complete list of all investments made or currently held by Marlin funds.

The Website is not intended to provide legal, business, tax, accounting, investment or other advice. You agree not to construe any of the Content (as defined below) provided in connection with the Website as legal, business, tax, accounting, investment, financial or other advice. You agree that the Content provided in connection with the Website does not, and shall not be deemed to, constitute an offer to sell, or a solicitation to any person to buy, any security or similar investment. You understand that none of the Content constitutes a recommendation that you or any other person purchase, sell or hold any security, company, investment product or similar investment, or that you should pursue any investment strategy, and the Content is not to be relied upon for the purpose of making investment or other decisions. In addition, you understand and agree that all Content provided in connection with the Website is published without consideration of your individual circumstances, financial or otherwise. Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including the evaluation of any investment or other risks, with respect to any of the Content provided in connection with the Website. You agree to consult your own professional advisors as to any legal, business, tax, accounting, investment, financial or other advice regarding any Content provided in connection with the Website.

Marlin provides investment advisory services only to the privately offered Marlin funds. Marlin does not solicit or make its services available to the public or other advisory clients. References to “capital under management” refers to the aggregate capital committed to all private equity funds managed by Marlin.

Statements included on the Website may constitute “forward-looking statements,” which relate to future events or our future performance or financial condition. All forward-looking statements represent only the intent and belief of Marlin as of the date such statements were made. None of Marlin or any of its affiliates (i) assumes any responsibility for the accuracy and completeness of any forward-looking statements or (ii) undertakes any obligation to disseminate any updates or revisions to any forward-looking statement contained on the Website to reflect any change in their expectation with regard thereto or any change in events, conditions or circumstances on which any such statement is based. These statements are not guarantees of future performance, condition or results and involve a number of risks and uncertainties. Actual results and condition may differ materially from those in the forward-looking statements as a result of a number of factors.

*Uncompensated Portfolio Company CEO Testimonial Statements on the Website *

Certain statements about Marlin made by portfolio company executives herein are intended to illustrate Marlin’s business relationship with such persons, including with respect to Marlin's facilities as a business partner, rather than Marlin's capabilities or expertise with respect to investment advisory services. Portfolio company executives were not compensated in connection with their participation, although they generally receive compensation and investment opportunities in connection with their portfolio company roles, and in certain cases are also owners of portfolio company securities and/or investors in Marlin -sponsored vehicles. Such compensation and investments subject participants to potential conflicts of interest in making the statements herein.

Links

The Website may include links to third party sites which are not related to or maintained by Marlin. Links to third party sites do not imply partnerships, relationships or affiliations with such third parties and Marlin takes no responsibility for the content therein, regardless of whether the link is provided by Marlin or a third party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Website may link, including information on such other website regarding Marlin. By providing access to other website, Marlin is not endorsing the products and services provided by any website’s sponsoring organization.

Other websites may include a link to this Website provided that Marlin has granted its express written consent. Third parties are expressly prohibited from framing Marlin’s content in any way or any other activity that may create a misimpression or confusion among users with respect to sponsorship or affiliation including, without limitation, hyperlinks or a form of link that disguises the URL and bypasses the homepage.

Privacy Policies

In addition to these Terms of Use, your use of and access to the Website is also subject to our Privacy Policy (the “Privacy Policy”), which can be found on the Website and is incorporated by reference herein, as applicable. Our Privacy Policy contain additional terms relating to our potential collection, use and disclosure of your personal information. You agree that you have read, agreed to and understand our Privacy Policy.

Submitted Materials

Unless specifically requested, we do not solicit, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through the Website, by e-mail, through the “Contact Us” feature, or in any other way. Any information, proposals, requests, creative works, pictures, documents, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent on or through the Website in any manner (collectively, “Submissions”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with this agreement and our privacy policy. By submitting Submissions on the Website, you: (1) represent and warrant that you have the necessary licenses, rights, consents and permissions to use such Submissions and submit them to the Website; and (2) you grant us (and our affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non¬exclusive and fully transferable, assignable and sublicensable right and license to use such material (in whole or part) in any manner and/or to incorporate it (in whole or in part) in other works (including, without limitation, the Website), products or services in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to the Website, and we may delete or destroy any such Submitted Material at any time.

User Accounts

If you choose, or are provided with, a user name, password or any other piece of information as part of Marlin’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify Marlin immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Marlin has the right to disable any user at any time in Marlin’s sole discretion for any or no reason, including if, in Marlin’s opinion, such user has violated any provision of these Terms of Use.

General Terms and Conditions

These Terms of Use are governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. If you take legal action relating to these terms, you agree to file such action only in the state and federal courts located in the State of California, County of Los Angeles. The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. You are prohibited from any use of the Website that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by Marlin. The Website may contain additional agreements and disclosures in electronic form. By assenting to this Agreement, you agree that a printed version of these Terms of Use and all other agreements entered into by you on the Website in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You may not assign or otherwise transfer these Terms of Use or your rights or obligations under it without Marlin’s prior written consent, and any attempted assignment or other transfer in violation of this provision shall be null and void. Marlin may assign these Terms of Use or any rights under these Terms of Use without your consent and without notice. Nothing in these Terms of Use may be used to construe you and Marlin as joint venturers, co-employers, partners or agents of each other, and neither you nor Marlin has the power to obligate or bind the other in any way whatsoever. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect. The failure of Marlin at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. 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.

Headings and captions throughout these Terms of Use are for convenience only and should not be considered part of these Terms of Use. The word “including” means “including without limitation.”

Contact Us

For further information, including with regard to questions about legal issues pertaining to the Website, please use the link on the Contact Us page to reach the webmaster.