TERMS OF SERVICE

OVERVIEW AND ACCEPTANCE OF TERMS OF USE

Please read these terms of use (as amended from time to time, “Terms of Use”) carefully before using the website located at www.monthlyinterest.com (the “Site”). If you do not agree with these Terms of Use, you are not granted permission to use the Site. Your access and use of the Site is governed by the terms, conditions and disclaimers set forth in these Terms of Use. The Site is owned and operated by SPYGLASS HILL CAPITAL LENDING CORP., a Delaware corporation (“Spyglass”). By accessing and/or using the Site, you expressly agree to the terms, conditions and disclaimers set forth in these Terms of Use, Disclaimers and the Privacy Policy. The use of the Site is governed by this Terms of Use. This Terms of Use, in addition to any additional rules, policies and procedures governing use of and/or access to the Site may be modified and/or updated by Spyglass at any time and without any notice. By accessing and using the Site, you agree to review the most current version of this document prior to such use, and your continued use of the Site constitutes your acknowledgment and agreement to the most recent Terms of Use, Disclaimers, Privacy Policy and applicable rules, policies and procedures.

 

INFORMATIONAL AND NO INVESTMENT ADVICE

SPYGLASS AND ITS AFFILIATES ARE NOT BROKERS, DEALERS, INVESTMENT ADVISERS, REGISTERED EXCHANGE ADVISORS, LEGAL ADVISORS OR TAX ADVISORS. NEITHER SPYGLASS NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS PROVIDES ANY LEGAL, TAX, INVESTMENT OR FINANCIAL ADVICE.

 

Spyglass (including any of Spyglass’s affiliates, officers, directors, employees and agents) (i) is not a broker-dealer, is not registered as a broker-dealer under Section 15 of the Securities Exchange Act of 1934 (the “Exchange Act”), does not offer or sell any securities and does not engage in the execution of securities transactions of third parties through the Site or otherwise; (ii) is not a registered securities exchange under the Exchange Act; (iii) is not an investment adviser and is not registered as an investment adviser with the United States Securities and Exchange Commission or any state authority; and (iv) is not a financial or tax advisor and does not offer legal, tax, financial or investment advice to any user of its services. The materials on the Site, including, without limitation, news articles, informational materials, webinars, videos, descriptions and any other information have been prepared for informational purposes only and do not constitute financial, legal, tax or any other advice. None of the information contained in the publicly available portions of the Site constitutes an offer, recommendation or solicitation, to buy or sell any securities or the provision of any investment advice.  Spyglass does not receive compensation that is contingent on the outcome or completion of any securities transaction.

 

FORWARD-LOOKING AND CAUTIONARY STATEMENTS

Except for historical information and discussions, statements set forth throughout the Site may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially as disclosed on the materials provided on and through the Site.

 

PROPRIETARY RIGHTS

All right, title and interest in the Site and any content contained herein is the exclusive property of Spyglass or its affiliates, any broker-dealer member or other third party that submitted the content, as applicable, and is protected by United States copyright laws and international treaty provisions. The Site contains the copyrighted material, trademarks and other proprietary information of Spyglass and its licensors. All content, trademarks, services marks, trade names, logos and icons are proprietary to Spyglass or its affiliates, licensors or agents (including third party service providers). Other third-party products and brand names may be trademarks or registered trademarks of their respective owners, and may not be affiliated with Spyglass. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the express prior written permission of Spyglass or such third party that may own the trademarks displayed on the Site. Your use of the trademarks displayed on the Site, or any other content on the Site, except as expressly provided on the Site, is strictly prohibited. Copyright in the pages and in the screens of the Site, and in the information and material therein, is proprietary material owned by, or used with permission by, Spyglass unless otherwise indicated. The unauthorized use of any material on the Site may violate numerous statutes, regulations and laws, including, but not limited to, copyright, trademark, trade secret or patent laws. Registered users of the Site may view, download and print information and materials on the Site for personal and internal business use only, provided that all hard copies contain all copyright and other applicable notices. All users may not reproduce, modify, copy, alter in any way, distribute, sell, resell, transmit, transfer, license, assign, create derivative works from or publish any information obtained from the Site. All users will not use the Site at any time for any purpose that is unlawful or prohibited and will comply with any applicable local, state, national or international laws or regulations when using the Site. Pursuant to Section 512(c)(2) of the U.S. Copyright Law, Spyglass designates the following agent to receive notifications of claimed infringement: William D. Corbett.

 

USE OF SITE

Unauthorized use of the Site, including but not limited to, unauthorized entry into the Site and/or Spyglass’s systems, misuse of any information, is strictly prohibited. You may not use the Site in any manner that could damage, disable, overburden, or impair any Spyglass site (including the Site) or service or interfere with any other party’s use and enjoyment of any Spyglass site or service. You may not attempt to gain unauthorized access to any Spyglass site (including the Site) or service, computer systems or networks connected to any Spyglass site or service, through hacking, password mining or any other means. We reserve the right to suspend or cancel your access, account and password if such are provided without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner. Notwithstanding the above, if you have an account on the Site you are responsible for monitoring your account and should promptly report any unauthorized (e.g., if you believe someone has used your membership information to access the Site without your authorization) or suspicious activity in your account to us immediately at info@spyglasshillclc.com. Spyglass reserves the right to terminate, at any time, any user’s access to the Site, without giving notice or a reason for such termination to the user. If you have completed an account registration you agree to immediately notify Spyglass if there is any change in your status as an “accredited investor.”

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ALL INFORMATION CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND SPYGLASS (INCLUDING ANY OF SPYGLASS’S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) EXPRESSLY DISCLAIMS MAKING ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE FITNESS OF THE INFORMATION CONTAINED HEREIN FOR ANY PARTICULAR USAGE, ITS MERCHANTABILITY OR ITS APPLICATION OR PURPOSE. ADDITIONALLY, SPYGLASS (INCLUDING ANY OF SPYGLASS’S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE INFORMATION CONTAINED ON THE SITE, WHETHER OR NOT SUCH INFORMATION IS PROVIDED BY SPYGLASS OR A THIRD PARTY, AND SPYGLASS (INCLUDING ANY OF SPYGLASS’S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT. IN NO EVENT WILL SPYGLASS (INCLUDING ANY OF SPYGLASS’S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE RESPONSIBLE OR LIABLE FOR THE CORRECTNESS OR COMPLETENESS OF ANY MATERIAL OR INFORMATION PROVIDED ON THE SITE OR FOR ANY DAMAGE OR LOST OPPORTUNITIES RESULTING FROM USE OF THIS DATA. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE.

NEITHER SPYGLASS NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS WILL BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY OTHER DAMAGES OF ANY KIND ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR INABIITY TO ACCESS, OR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF SPYGLASS (INCLUDING ANY OF SPYGLASS’S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY INCLUDES, WITHOUT LIMITATION, THE TRANSMISSION OF ANY VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WHICH MAY INFECT YOUR COMPUTER OR OTHER EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES OR OTHER CONNECTIVITY ISSUES, UNAUTHORIZED ACCESS, OR ANY FORCE MAJEURE. SPYGLASS (INCLUDING ANY OF SPYGLASS’S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.

 

USE OF LINKS AND THIRD PARTY WEBSITES

The Site contains links to third party websites. These links are provided only as a convenience. If you leave the Site via a link contained herein, and view content that is not provided by Spyglass, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy or otherwise reviewed by Spyglass. Spyglass (including any of Spyglass’s affiliates, officers, directors, employees and agents) does not control these other sites or services and makes no representations or endorsements whatsoever concerning those sites or services. The fact that Spyglass has provided a link to a site is not an endorsement, authorization, sponsorship or affiliation with respect to such site, its owners, or its providers. You agree that under no circumstances will you hold Spyglass (including any of Spyglass’s affiliates, officers, directors, employees and agents) liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites. Certain portions of the Site contain information provided by third parties, and Spyglass (including any of Spyglass’s affiliates, officers, directors, employees and agents) does not endorse or guarantee any such third party information for any purpose, including but not limited to accuracy, legality, appropriateness, non-infringement or fitness for any particular purpose. You acknowledge and agree that Spyglass (including any of Spyglass’s affiliates, officers, directors, employees and agents) is not responsible for any third party information, products or services or third party websites accessed through the Site and does not make any representations or warranties regarding any such third party content. Any and all postings of information, documents and/or other materials to the Site by third parties are the sole responsibility of the person(s) who originated such information, documents and/or other materials, and Spyglass (including any of Spyglass’s affiliates, officers, directors, employees and agents) does not control and may not monitor such content. Spyglass reserves the right at all times, but is under no obligation, to remove any of such third party information, documents and/or other materials on the Site.

 

CHANGE TO THE TERMS OF USE

Spyglass reserves the right, at any time, to modify, alter, or update the terms and conditions of this Terms of Use without prior notice. Modifications will become effective immediately upon being posted on our Site. Your continued use of the Site after modifications are posted constitutes an acknowledgement and acceptance of the Terms of Use and its modifications.

 

GOVERNING LAW AND ARBITRATION

This Terms of Use is governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions. Unless otherwise agreed in writing by you and us, any dispute or claim relating to your relationship with Spyglass or its affiliates and/or use of the Site will be submitted to arbitration in Orange County, California in accordance with the rules of the American Arbitration Association as the exclusive remedy for such claim or dispute. Such arbitration must be commenced within one (1) year after the claim or cause of action arises. Sole and exclusive jurisdiction for any action, or proceeding arising out of or related to your relationship with Spyglass or its affiliates and/or use of the Site that is not governed by an applicable arbitration clause will be in an appropriate state or federal court located in the County of Orange, State of California and you unconditionally waive your right to a jury trial. If any provision in this Terms of Use is held to be invalid or unenforceable, then the remaining provisions will continue in full force and effect.

 

CONTACT INFORMATION

For inquiries about these Terms of Use, please contact William D. Corbett by telephone at 800-975-8511 or by email info@spyglasshillclc.com.

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