Terms of Use

These terms of use (the “Terms of Use”) constitute a legally binding agreement between Walton Street Capital, L.L.C. (together with its affiliates, successors, and assigns “Walton Street,” “we,” or “us”) and you, the user of https://waltonst.com (the “Site”). By accessing the Site, you acknowledge that you have read and agree to be bound by the Terms of Use. The Terms of Use govern your use of the Site. Please read the Terms of Use carefully. If you do not agree with the Terms of Use, you should immediately cease use of the Site and cease use of all information and materials you obtained through the Site. Walton Street reserves the right to amend the Terms of Use in its sole discretion at any time. Walton Street will post any changes to the Terms of Use on the Site, and changes shall be effective immediately upon posting. We recommend that you re-visit the Site on occasion to learn of any revised terms or policies. Your continued use of the Site after any such changes constitutes your acceptance of the new terms and policies.

Site Content

The Terms of Use apply to all services, programs, information, and products that you use or otherwise access from time to time provided by Walton Street through the Site (collectively, the “Services”). You agree that you will use the Services solely for your benefit and your internal business purposes, and you will not use the Services for the benefit of any third party, including any of your affiliates.

Ownership

Walton Street owns and maintains the Site. The trade names, trademarks, trade dress, logos, service marks, and other indicia of source displayed on the Site and any and all information and content available through the Site (including, without limitation, strategies, policies, business plans, research, concepts, and other information) are registered trademarks of and/or proprietary to Walton Street or its licensors and are protected by intellectual property rights and unfair competition and other laws. You acknowledge and agree that Walton Street exclusively owns or has been licensed by third parties to use all right, title, and interest in the Services and the information, data, databases, images, sound recordings, audio and visual clips, and other content provided by Walton Street through the Services (individually and collectively, the “Content”). Nothing at the Site shall be construed as granting, by implication, estoppel or otherwise, any right, title, or interest in or to the Services, or any image, trade name, trademark, trade dress, logo, service mark, or any other indicia of source or Content at the Site. No act of downloading or otherwise copying from the Site will transfer title to any software or material at the Site to you. Anything that you transmit to the Site becomes the property of Walton Street, is permitted to be used by Walton Street for any lawful purpose, and is further subject to disclosure as deemed appropriate by Walton Street, including to any legal or regulatory authority to which Walton Street is subject. Walton Street reserves all rights with respect to copyright and trademark ownership of all material at the Site and will enforce such rights to the full extent of the law.

Your internal distribution of Content should be limited to those within your organization who are aware of the obligations imposed by the Terms of Use. You shall use the Service and Content solely for your own internal use, and not for the benefit of any third party. In no event shall you display, circulate, publish, retransmit, redistribute, reproduce, or sell all or any part of Content outside of your business organization by any means or medium now or hereafter created. If you are required by a court of law or other judicial processes to disclose any Content, you may do so and you agree to notify us of the disclosure.

Purpose of the Site; No Offers; Not Investment Advice; No Recommendations

The information presented on or through the Site is made available solely for informational purposes in relation to Walton Street and its financing capabilities for prospective investments. Walton Street does not warrant the accuracy, completeness, or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. Walton Street disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

The Site is not intended to provide legal, business, tax, accounting, investment, or other advice. You agree not to construe any of the Content provided in connection with the Site as legal, business, tax, accounting, investment, financial, or other advice. Under no circumstances should any Content be used or considered as an offer to sell or a solicitation of any offer to buy a security or similar investment of Walton Street or any other issuer. Offers can only be made where lawful under applicable law. 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 an investment or other decisions. In addition, you understand and agree that all Content provided in connection with the Site 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 Site. 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 Site.

If you wish to obtain further details about any information provided through the Services, there are several areas on the Site that will provide you with contact information.

Regulatory Disclosures

Walton Street does not solicit or make its services available to the public. The Content provided on or through the Site may include information regarding past and/or present investments managed by Walton Street, its affiliates, and/or its personnel. It should not be assumed that investments made in the future will be comparable in quality or performance to any investments described herein. Further, references to past and present investments should not be construed as a recommendation of any particular investment or security. Any current or previous investments listed on the Site are not to be considered a complete list of all investments historically made by Walton Street. Any investments listed should not be assumed to have been profitable. Any past performance information on the Site is not necessarily indicative, or a guarantee, of future results.

Certain information contained on the Site constitutes “forward-looking statements.” All forward-looking statements represent only the intent and belief of Walton Street as of the date such statements were made. None of Walton Street 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 Site 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. Due to various risks and uncertainties, actual events or results may differ materially from those reflected or contemplated in such forward-looking statements.

Walton Street is registered with the U.S. Securities and Exchange Commission as an investment adviser, which does not imply a certain level or skill or training.

Regulatory assets under management (“AUM”) as of 12/31/2021 are $13,087,030,984.

Disclaimer of Warranties

The Site and Content are provided “as is” and “as available” and, to the maximum extent permitted under applicable law, are provided without warranties, claims, or representations made by Walton Street, either express, implied, or statutory, with respect to the Site, including, but not limited to, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, or trade usage. Walton Street further assumes no responsibility for, and makes no warranties that, functions contained at the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available will be free of viruses or other harmful components. You acknowledge that the entire risk arising out of the use or performance of the Site remains with you to the maximum extent permitted by applicable law. Walton Street shall not be liable for any damages to, viruses that may infect, or services, repairs, or corrections that must be performed on your computer or other property on account of your accessing or use of the Site. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.

Limitation of Liability

You acknowledge that none of Walton Street, its affiliates or their respective officers, directors, employees, agents, contractors, or other suppliers makes any warranties or guarantees, express or implied, with respect to the Services, and Content, including, without limitation, warranties regarding the accuracy or completeness of any Content, or warranties of merchantability or fitness for a particular purpose. Walton Street and such persons shall not be liable to you or anyone else for any loss, cost, damage, or other injury, whether in contract, tort, negligence or otherwise, arising out of or caused in whole or in part by (I) your use or reliance on the Services or Content, (II) your breach of any provision of the Terms of Use, or (III) Walton Street’s performance of its obligations under or in connection with the Terms of Use.

Walton Street does not represent, warrant, or guarantee that the service or content will be free from errors or will be available. In no event will Walton Street and its affiliated companies or their officers, directors, employees, agents, contractors, or other suppliers be liable to you or any third party for any punitive, consequential, special, or similar damages even if advised of the possibility of such damage. Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, the liability of Walton Street, its affiliates, and their officers, directors, employees, agents, contractors, or other suppliers shall be limited in accordance with the Terms of Use to the extent permitted by applicable law.

Walton Street, its affiliates, and their officers, directors, employees, agents, contractors, or other suppliers shall not be liable for any loss, cost, or damage due to causes beyond their reasonable control. In addition, neither Walton Street nor any of the foregoing persons and entities will have any liability whatsoever for consequential damages. You understand that Walton Street accepts no responsibility for reasonable security of information on the internet.

Without limiting any of the foregoing, if Walton Street, its affiliates, or any of their officers, directors, employees, agents, contractors, or other suppliers is found liable to you for any claims or matters arising under or in connection with the Services, the Content or the Terms of Use, Walton Street and such parties’ aggregate and maximum liability for all such matters and claims in any calendar year shall not exceed $10,000.

Indemnification

Upon request by Walton Street, you agree that you will be solely responsible for, and that you will defend, indemnify, and hold Walton Street, its parents, subsidiaries, and other affiliates and each of their officers, directors, employees, agents, contractors, or other suppliers harmless from and against any and all liabilities, claims, demands, costs, and expenses, including attorneys’ fees, that arise from a breach of the Terms of Use by you, your agents, contractors, and affiliates, or from third parties claims arising from your use of the Service or Content. Walton Street reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification by you, but you must still indemnify Walton Street for all liabilities, losses, or damages. You agree to provide Walton Street with whatever cooperation it reasonably requests. Notwithstanding the foregoing, you are not required to indemnify Walton Street for its own violations of applicable laws.

User Accounts

If you choose, or are provided with, a username, password, or any other piece of information as part of Walton Street’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 you agree not to provide any other person with access to the Site or portions of it using your user name, password, or other security information. You agree to notify Walton Street immediately of any unauthorized access to or use of your username 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.

Privacy

Your privacy is very important to us at Walton Street. To better protect your rights, we have provided the Walton Street Privacy Policy to explain our privacy practices in detail.

International Use

Walton Street makes no representation that the use of the Site outside of the United States is appropriate or lawful. Accessing the Site from countries or territories where such access is illegal is prohibited. If you access the Site from outside of the United States, you do so at your own risk and agree to comply with all local rules and regulations regarding internet usage. Walton Street’s databases are located in the United States and if you provide us with any data, you consent to the transfer and storage of such data within the United States.

Changes to and Termination of Agreement

If you have not registered to use the Site, then the most current form of the Terms of Use posted at the Site applies each time you access the Site. You should review the Terms of Use each time you access the Site. Walton Street reserves the right to make changes to the Terms of Use at any time. Your continued use of the Site indicates your continued agreement to be bound by the Terms of Use, as changed from time to time. Walton Street reserves the right to terminate this agreement, in whole or with respect to a Service, with or without cause, at any time immediately upon notice posted at the Site.

Applicable Law

The Terms of Use shall be governed by and construed in accordance with the substantive and procedural laws of the State of Illinois, without giving effect to the principles of conflicts of law. Any legal proceeding arising out of or relating to the Terms of Use against or relating to Walton Street or any indemnified party under the Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in Chicago, Illinois and you irrevocably consent to the jurisdiction of such courts.

Linked Third-Party Sites

The Terms of Use apply only to the Site and not to other websites that may be accessible from the Site and Walton Street shall not be responsible for the content of any third-party website accessible from the Site. Walton Street has not reviewed and does not monitor, edit, or control any of the sites linked to or from the Site and is not responsible in any way for the suitability of their content or for the quality of the products or services offered therein. If you access any third-party website through the Site or otherwise, you do so at your own risk and we encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.

Miscellaneous

Should any term or provision hereof be deemed invalid, void, or unenforceable either in its entirety or in a particular application, the remainder of the Terms of Use shall nonetheless remain in full force and effect. The failure of Walton Street 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 the Terms of Use and any agreements included or referred to in the 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 the Terms of Use are for convenience only and should not be considered part of the Terms of Use. The word “including” means “including without limitation.”

If you have any questions or concerns about the Terms of Use or any issues raised in the Terms of Use or on the Site, please contact us at [email protected] or Walton Street Capital, L.L.C., 900 North Michigan Avenue, Chicago, Illinois 60611.


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