Legal Disclaimer

Effective June 14, 2015

  1. Acceptance
    Please read these Terms of Use (the “Terms”) carefully because they constitute a legally binding agreement that applies when you visit www.west-7th.com (the “Site”). The Site is owned and operated by The Carlyle Group and its affiliates (collectively, “We,” “Us,” or “Our”). Your visits to this Site constitute your acceptance of these Terms, as well as our Privacy Policy available at http://www.west-7th.com/privacy-policy. If you disagree with any provision of the Terms or Privacy, you may not access the Site.
  1. Disclaimers
    1. Neutral Venue. OUR SITE IS A NEUTRAL PLATFORM THAT IS NOT A PARTY TO ANY USER ACTIVITIES. WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO USER CONDUCT, TRANSACTIONS AND ARRANGEMENTS.
    2. Forward-Looking Statements. This Site may contain statements, estimates or projections that constitute “forward-looking statements” as defined under U.S. federal securities laws. Such statements are based on assumptions and expectations that may not be realized and are inherently subject to risks and uncertainties, many of which cannot be predicted with accuracy. Future events and actual results, financial and otherwise, may differ from the results discussed in the forward-looking statements. We assume no liability for any forward-looking statements.
    3. No Warranties. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF SELLERABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. We do not guarantee that any content provided on the Site is complete, accurate or up-to-date. You are responsible for implementing sufficient procedures to satisfy your particular requirements for the safety of your personal information, anti-virus protection and accuracy of data input and output. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.
    4. Limitation of Liability. IN NO EVENT WILL WE, OUR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DEATH, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL OUR MAXIMUM LIABILITY EXCEED THE FEES RECEIVED FROM YOU, IF ANY. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER ONE YEAR FROM THE DATE THE UNDERLYING CAUSE OF ACTION AROSE.
  1. Intellectual Property
    1. IP Ownership. We own all intellectual property rights to the Site. Site features, look and feel, design, registered and unregistered trademarks are protected by the U.S. and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.
    2. Use License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access the Site solely for your personal, non-commercial use.
    3. Unsolicited Submissions. We do not accept or consider any creative ideas, suggestions or materials from the public (“Submissions”). Please do not make any Submissions to us. If you do send us a Submission, despite our request not to do so, then such Submission will be considered non-confidential and non-proprietary, and shall be immediately licensed to us for our own use in any manner we consider appropriate.
    4. Takedown Requests. We respect the intellectual property rights of others and require our users to do the same. All claims of copyright infringement committed using our Site will be investigated if reported to our designated Copyright Agent via email: ahall@vestar.com. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material and/or terminate or suspend the offending user’s account.
    5. Indemnification. You agree to defend, indemnify and hold harmless us, our affiliates and licensors, officers, directors, employees, contractors, agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Site, including, without limitation, any content submitted by you.
  1. User Obligations
    By accessing the Site, you represent, warrant and agree that:

    1. You are at least 13 years old or older.
    2. You are solely responsible for the content you submit to or through the Site. Your content will not infringe third party intellectual property rights, contain false, misleading or defamatory information.
    3. You assume all risks and all costs associated with your use of the Site, including, without limitation, any Internet access fees, third party data charges and back-up expenses.
    4. We may contact you for reasons relating to your use of our Site.
    5. We may terminate any user account with or without notice using our sole reasonable discretion.
    6. You will treat all your login credentials confidential. Do not disclose them to any third party. 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.
    7. You will treat all Site users and administrators respectfully, online and offline.
    8. We may withdraw or change our Site in any way we deem appropriate without prior notice to you. We are not be liable if for any reason all or any part of the Site is unavailable at any time or for any period to registered users or visitors.
    9. We have the right to disable any user identification provided by our Site and disable your whole account on our Site at any time for any reason or no reason without notice or explanation.
  1. Prohibited Conduct
    You must not:

    1. Submit false, inaccurate, misleading, fraudulent, defamatory, abusive, obscene, nude, partially nude, hateful, profane, offensive, threatening, harassing, racially offensive, or objectionable content. We reserve the right to have a final say in what constitutes “objectionable” content.
    2. Use the Site for any illegal purpose, upload, post, link to, copy or republish copyrighted material without permission from the rights holder.
    3. Use the Site to stalk, defame, bully, threaten or intimidate anyone.
    4. Post any confidential or private information, such as credit card information, social security numbers, private phone numbers or private email addresses.
    5. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
    6. Impersonate any other person or entity.
    7. Transmit, or procure the sending of, any advertising or promotional material and unsolicited mass communication (spam) without our prior written consent.
    8. Use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the servers than a human can reasonably produce in the same period by using a Web browser. Nevertheless, the operators of public search engines are permitted to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices. We reserve the right to revoke this permission.
    9. Introduce any viruses or other harmful material, use any device, software or routine that interferes with the proper working of the Site.
    10. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site.
    11. Otherwise attempt to interfere with the proper working of the Site or anyone’s use and enjoyment of it.
  1. Monitoring and Enforcement; Termination
    We have the right to take any action that we deem necessary or appropriate if we believe that a user violates the Terms of Use, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public. We may:

    1. Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site.
    2. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
    3. Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use, maintenance work, system overload, security reasons, natural disasters and force majeure events.
    4. Take appropriate legal action.
  1. Linking to the Site
    1. You may link to our Site in a way that is legal, fair and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    2. You must not establish a link from any website that is not owned by you.
    3. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
  1. Disputes Between Users
    As a neutral venue, we do not offer mediation, arbitration or any other forms of dispute resolution and do not actively monitor user interactions. Therefore, you are solely responsible for your interactions and disputes with other users. We reserve the right, but have no obligation, to facilitate and resolve disputes between Site users.
  1. Assignment
    You may not assign your rights and obligations under these Terms of Use without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Use, at our sole discretion, without obtaining your consent.
  1. Governing Law and Jurisdiction
    These Terms of Use shall be governed by the laws of the State of Texas, without regard to its conflict of law principles that would result in application of any other law. All disputes arising related to this Site shall be resolved by courts located in Forth Worth, TX.
  1. Severability and Non-Waiver
    1. Should any part of these Terms of Use be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
    2. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.
  1. Modifications of these Terms
    We update these Terms of Use every once in a while as we deem appropriate, without notifying you. We then post the changes on this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Site following the posting of revised Terms of Use constitutes your acceptance of the changes.
  1. Contact Us

Please direct your questions, comments, feedback, requests for technical support and other communications relating to the Site to our customer service representative at ahall@vestar.com.

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WEST 7TH
816 Foch St.
Fort Worth, TX 76107
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