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WEB SITE TERMS AND CONDITIONS

Thank you for visiting this Meakem Becker Venture Capital, LLC’s (“MBVC”) Web site (the site at <www.mbvc.com> is owned or operated by MBVC, its subsidiaries, or affiliates and is referred to herein as the “Site”). The following terms and conditions (“Terms and Conditions”) govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this Site and should exit immediately.

1.Proprietary Rights. MBVC, its subsidiaries, or affiliates, (collectively referred to as “MBVC”), own or license all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips and other material for this Site (the “Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. All Site Material is protected, without limitation, pursuant to United States copyright, trademark and other applicable laws. Removing or altering any copyright notice or any other proprietary notice on any Site Material is strictly prohibited. You agree not to sell, license, rent, modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works from such Site Material or content, or otherwise use the Site Material in any way for any public or commercial purpose without the express approval from MBVC. Any commercial use, reproduction, or distribution of this Site or Site Material without MBVC’s prior written consent is prohibited, except, however, you may download one temporary copy of these materials on any single computer, and you may print one copy of these materials for your own personal use, provided that you include a complete copy of these Terms and Conditions. You acknowledge and agree that the unauthorized use of the Site Material could cause irreparable harm to MBVC and that in the event of such unauthorized use, MBVC shall be entitled to an injunction in addition to any other remedies available at law or in equity. All names, trademarks, service marks, symbols, slogans or logos appearing on the Site are proprietary to MBVC or its affiliates, licensors, suppliers or customers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.

2.Other Sites. This Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. These sites and any other sites operated or maintained by third-parties are operated or maintained by organizations over which MBVC exercises no control, and MBVC expressly disclaims any and all responsibility for the content, information, links, and other items, the accuracy and completeness of the information, and the quality of products or services made available or advertised on these third party sites.

3.Informational Purposes Only. The information on this Site is for informational purposes only. No information, services, or materials offered by or through this Site shall be construed as or understood to be financial advice or recommendations. Opinions, where and when expressed, are subject to change without notice.

4.Site Material. You may not frame, capture, harvest, collect, or create hypertext or other links or connections to any part of the Site or Site Material without MBVC’s prior written consent. While MBVC endeavors to keep the Site Material, and other content on, in, and through this Site up-to-date, MBVC is not responsible for any errors or omissions in the Site Material or other content. MBVC is not responsible for the accuracy or completeness of the information, text, graphics, forms, links, advertisements, or other items contained within this Site. MBVC may make changes to this Site, the Site Material, or the products or services made available in connection with this Site at any time, with or without notice, and makes no commitment to update any of these items.

5.Communications With The Site. MBVC welcomes your feedback and suggestions about how to improve our services, products, and this Site. By transmitting any suggestions, information, material, or other Site Material (collectively, “User Material”) to MBVC, you automatically grant MBVC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such User Material (in whole or part) throughout the universe and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Material, without any compensation. Accordingly, User Material must not contain any proprietary or confidential information. Further, MBVC is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatsoever, including, but not limited to, creating and marketing products or services using such information.

6.Privacy Statement. MBVC has a Privacy Statement disclosing what information we collect about visitors, how we use such information, and the steps we take to secure such information. Click here to view the Privacy Policy, which is incorporated into these Terms and Conditions by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to MBVC via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name. Alternatively, you may contact MBVC by telephone at (412) 749-5720, or write us at 603 Beaver St., Suite 201, Sewickley, PA 15143.

7.Investment Information. This Site is intended solely to provide information regarding MBVC’s potential financing capabilities for prospective portfolio companies. The information provided on this Site, including information regarding MBVC’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.

8.Disclaimer of Warranty and Liability. THIS SITE AND THE SITE MATERIAL ON AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION THEREWITH ARE MADE AVAILABLE ON AN “AS IS” BASIS ONLY. USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. MBVC MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE AND THE SITE MATERIAL ON AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION THEREWITH, EXPRESS AND IMPLIED, WRITTEN AND ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, AND OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUALITY, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT. ANY AND ALL INFORMATION PROVIDED BY MBVC OR UNDER OR IN CONNECTION WITH THIS SITE IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.

MBVC shall not be liable for any direct, special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatever, including, without limitation, lost revenues or lost profits, which may or does result from the use of, access to, or inability to use this Site, the Site Material, or the products or services connected therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of MBVC to you in connection with, based upon, or arising from this Site or your use of this Site exceed $100. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to you. In such jurisdictions, MBVC’s liability is limited to the greatest extent permitted by law.

9.Indemnification. You agree to defend, indemnify, and hold harmless MBVC, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all suits, actions, claims, proceedings (whether judicial, regulatory, or administrative), damages, settlements, judgments, injuries, liabilities, losses, risks, costs, and expenses (including without limitation attorneys’ fees and litigation expenses) relating to or arising from this Site, your use of this Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions.

10.Use of the Internet. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Neither MBVC nor its affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

11.Changes; Termination. These Terms and Conditions may be changed at any time, with or without notice; your continued use of this Site after any change is made to the Terms or Conditions signifies your understanding of and intention and agreement to be bound by such change. It is your responsibility to monitor these Terms and Conditions for changes. MBVC reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice.

12.Governing Law and Jurisdiction. These Terms and Conditions represent the entire agreement between you and MBVC with respect to the subject matter hereof, supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements between us, and will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without reference to its conflict of law rules. By accessing, viewing, or using this Site or the Site Material, you consent to the jurisdiction of the federal and state courts presiding in Pennsylvania, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by MBVC from its offices within the United States. MBVC makes no representation that this Site or the Site Material is appropriate or available for use in any location or territory, and access to this Site or the Site Material from locations or territories where it is illegal is prohibited. The waiver or failure of MBVC to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions.

This page was last modified on: June 24, 2008 – 1:00 p.m. EST