Terms of Service

GENERAL

This website is provided by HAYO Partners LLC (“HAYO”). By accessing and using this website, you accept and agree to be bound by these Terms of Use (these “Terms”). You should read these Terms carefully and we suggest that you review these Terms periodically for changes. If you do not accept and agree to be bound by these Terms, do not access or use this website. HAYO may update or modify this website at any time and your continued use after any such update or modification will constitute your acceptance of and agreement to be bound by these Terms as so updated or modified. HAYO may, at its discretion, discontinue any of the content of this website, or any portion thereof, with or without notice.

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INFORMATIONAL PURPOSES ONLY

This website, including information regarding HAYO’s current and historical investments, is for informational purposes only, and is intended only for management executives and individuals who may seek employment and / or partnerships with HAYO. This website is not to be used or relied upon for any investment purpose whatsoever. For avoidance of doubt, this website is not for existing or potential investors in any private fund managed by HAYO (a “Fund”).

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INVESTMENTS

This website may include information regarding HAYO’s current and historical investments and certain processes and strategies used in the past by HAYO and/or its investments. Past performance is not a guarantee of future results and there can be no assurance that any present or future investment will achieve comparable results or be able to implement a desired strategy or objective. Further, there can be no assurance that any investor in a HAYO owned company would not lose any or all of their invested capital. Investments described on this website are for potential management executives only and do not necessarily represent all investments made by HAYO or its active partners.

References to purchase prices (whether in connection with a purchase or sale of an investment or aggregate purchase price information with respect to a group of investments) may not reflect the actual performance of such individual company or group of companies. Detailed performance information with respect to individual company investments is not displayed on this website and no inference should be made with respect to the performance of any individual company or group of companies. Company investments by HAYO were made across multiple partners during different economic cycles.

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NO OFFER OR ADVICE

This website does not constitute an offer to sell or a solicitation of an offer to buy any securities, services or products, and may not be relied upon in connection with any offer of sale of securities. An offer or solicitation will be made only through a final private memorandum, agreement and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.

The information on the website is provided to you with the understanding that HAYO’s provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on this site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors.

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NO WARRANTIES

This website is provided on an “as is” basis with no warranties of any kind. While HAYO makes reasonable efforts to ensure that this website is secure, HAYO does not guarantee the security of the website. Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this website may not be secure. HAYO does not warrant that the information on the website is accurate, reliable, current or correct, that this website will be available at any particular time or location or that this website is free of viruses or other harmful components or will operate “error free.” HAYO disclaims all warranties, expressed or implied, including implied warranties of merchantability and fitness for a particular purpose or non-infringement. Your use of this website and use or reliance upon any of the materials on it is solely at your own risk.

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FORWARD-LOOKING STATEMENTS

Certain information on this website may contain forward-looking statements. The words “believe”, “expect”, “anticipate”, “optimistic”, “intend”, “aim”, “will” or similar expressions are intended to identify such forward-looking statements. Forward-looking statements are inherently uncertain and changing factors, such as those affecting the markets generally or those affecting particular industries, may cause events or results to differ from those discussed on this website. As a result, reliance should not be placed on such statements or the conclusions drawn therefrom. HAYO undertakes no obligation to update or revise any forward-looking statements, whether as a result of new information, future developments or otherwise.

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LINKED SITES

This website may provide links to websites operated by other entities. In addition, third-party sites may be linked to this website, with or without HAYO’s consent. HAYO does not review or monitor any websites linked from or to this website and is not responsible for the content of any such websites. Accordingly, HAYO cannot be held responsible for the information, materials, products or services obtained on or from such other websites, nor will HAYO be liable for any damages arising from access to such websites. Any links from or to other websites are provided merely for the convenience of users of this website and the inclusion of these links does not imply an endorsement, representation or warranty by HAYO with respect to any such linked websites or the content, products or services contained or accessible through such websites or their operators. Your choice to follow links from or to such websites is at your sole risk. If you link other websites to this website, you may not imply or suggest that HAYO has endorsed or is affiliated with such websites, and you may not display this site as “framed” within another website. HAYO reserves the right to terminate any link or linking program at any time. Similarly, links or copies of third party articles regarding HAYO, its affiliates or its investments have generally been prepared without the input of HAYO and are provided for convenience purposes only. By inclusion on this site, HAYO does not represent or warrant the accuracy of such information or take responsibility for its content. HAYO disclaims responsibility for the privacy policies and customer information practices of third-party websites linked from or to this website.

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OWNERSHIP; INTELLECTUAL PROPERTY

All content on this website, such as documents, charts, graphics and other materials, is the property of HAYO. The HAYO trademarks (whether registered or unregistered), service marks, images, logos and copyrighted material used and displayed on this website, including, without limitation, “Insights” (the “Intellectual Property”), are the property of HAYO. Other Intellectual Property may be owned by other parties, which may or may not be affiliated with HAYO. Nothing on this website shall be interpreted as granting, by implication, estoppel or otherwise, any license or right to use any content or Intellectual Property on this website without the written permission of HAYO or such other third party that may own any Intellectual Property displayed on this website. Any unauthorized use of the materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All rights not expressly granted are reserved.

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RESTRICTIONS ON USE

This website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations in connection with accessing and using this site. HAYO has the right, but not the obligation, to monitor any activity associated with the website. HAYO may investigate any complaint or reported violation of these Terms and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service and denying access and/or removal of materials from the website.

HAYO reserves the right to remove anything that violates these Terms or is otherwise objectionable and to report to appropriate law enforcement officials, regulators or other third parties any activity that it suspects violates any law or regulation. In order to cooperate with governmental requests, to protect HAYO’s systems or to ensure the integrity and operation of HAYO’s business, HAYO may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

HAYO does not grant, by implication, estoppel or otherwise, any license or right to use material on this site other than as set forth above, and you shall not make any other use of such material without HAYO’s written permission. Any person using this website is not permitted to decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this website. You may not publish, broadcast, retransmit, reproduce, repackage, commercially exploit, create any derivative of or otherwise redistribute all or any portion of this website except as explicitly permitted by these Terms.

You agree to access this website and use the information contained therein solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the website in any manner that could compete with the business of HAYO or its investments.

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LIMITATION OF LIABILITY; INDEMNITY

HAYO’s liability is limited to the maximum extent permitted by law and is limited even if HAYO has been advised of the possibility of the damages, liability or injury that you suffer, including any damages, defect, interruption, delay in operation, computer virus, line failure or other computer malfunction. In no event shall HAYO or its affiliates, or any of their respective partners, shareholders, members, managers, officers, directors, employees, agents (collectively, the “HAYO Parties”), be responsible for any damages, liabilities or injury, including indirect, incidental, special, exemplary, punitive, multiple, consequential or other damages, however caused, arising out of your use of (or inability to use) this website. You understand and agree that your use of this website is predicated upon your waiver of any right to sue HAYO or the HAYO Parties directly or to participate in a suit for any losses or damages resulting from your use of this website. In exchange for accessing this website, you agree to indemnify and hold HAYO and the HAYO Parties harmless against any and all claims, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees) arising directly or indirectly from your use of this website, from your violation of these Terms or from any decisions that you make or actions you take based on such information. Notwithstanding the foregoing, nothing contained in these Terms shall constitute a waiver by you of any of your legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived.

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COMPLIANCE WITH APPLICABLE LAW

Unless otherwise expressly set forth herein, HAYO makes no representation that information or materials on this website are appropriate or available for use in any particular location. The information or materials provided in, or accessible through, the website are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject HAYO to any registration or other requirement within such jurisdiction or country. HAYO reserves the right to limit access to the site to any person, geographic region or jurisdiction. Unless otherwise expressly set forth herein, HAYO makes no representations that transactions, products or services discussed on, or accessible through, this website are available or appropriate for use in all jurisdictions or by all users, or that access by any user in the jurisdiction in which such user is located is not illegal or prohibited. If it is illegal or prohibited in your country of origin to access or use this website, then you should not do so. Those who choose to access this website do so of their own initiative and are responsible for compliance with local laws. You may not use or export the information or materials on the site, or accessible through the site, in violation of U.S. laws and regulations.

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WEBSITE PRIVACY NOTICE

Please review our Website Privacy Notice to learn about information we collect and measures we take to preserve the privacy and security of your information. The Website Privacy Notice is available on this website and forms a part of these Terms.

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ENTIRE AGREEMENT

These Terms represent the entire agreement between you and HAYO relative to this website and supersede any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revisions of these Terms posted by HAYO (provided, however, that any such revised posting shall take effect prospectively from the date of such posting).

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GOVERNING LAW; SEVERABILITY

These Terms shall be governed by the laws of the State of Illinois. Any dispute relating to these Terms shall be brought solely in the state or federal courts located in Chicago, Illinois, and you agree that such courts shall have jurisdiction over you in connection with any such dispute. You must commence any cause of action you may have with respect to your use of this website within one year after the claim or cause of action arises or such claim or cause of action will be deemed to have been waived. If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions. The failure of HAYO to enforce the strict performance of any provision of these Terms shall not be a waiver by HAYO of its right to subsequently enforce such provision or any other provision or provisions of these Terms.

Website Privacy Notice

Privacy is important to HAYO Partners LLC (“HAYO,” “we,” “us,” or “our”). The following describes the information we collect and the ways we use that information. By using www.hayopartners.com (the “Website”) and engaging with our services available on the Website (collectively, the “Services”), you are consenting to the collection, use, sharing, and storage of your personal information, as described below. This Privacy Policy supplements and is incorporated into our Terms of Use which, together with this Privacy Policy, govern your use of the Services. We have endeavored to make this Privacy Policy as clear as possible. If, however, you have any questions, comments or concerns about this Privacy Policy, please send us an email at info@hayopartners.com. By using the Website and by supplying your personal information to us through the Website, you consent to our use, collection, and processing of your data.

This Privacy Policy explains:

• What data we collect, and why we collect it
• How we use that data
• How we protect that data
• How you can control your data, including accessing, updating and deleting what we store
• How we share or sell data collected

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Data We Collect, Share and Sell

We gather limited types of personal information through the website, and this technology does not provide HAYO with information about your name, address, phone number or email address. However, HAYO does log visitor IP addresses. To the extent that you provide us with any other personally identifiable information through or in connection with this website, such as by contacting us at info@hayopartners.com, we may use such information for HAYO’s business purposes.  However, we will not disclose any personally identifiable information about you to anyone, except as permitted or required by law or regulation and to our affiliates and service providers. In providing personally identifiable information to HAYO you consent to HAYO’s use of such personally identifiable information for the purposes described in this Website Privacy Notice.

HAYO maintains operational policies, including physical, electronic and procedural protections, to safeguard and secure its data networks in order to prevent unauthorized access to data collected online. However, the transmission of information and data via the Internet is not completely secure, and although we make an effort to protect your personal data, we cannot guarantee the security of any information or data transmitted to or through our website. Any transmission of information or data by you to or through this website is at your sole risk.

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Notice of Changes

We reserve the right to amend this Website Privacy Notice from time to time and for any reason, in our sole discretion, without notice, by updating this Website Privacy Notice. Accordingly, users are strongly encouraged to review this Website Privacy Notice regularly. If we decide to change our Website Privacy Notice, we will post those changes so our users are aware of what information we collect, how we use it and under what circumstances, if any, we disclose it. If at any point we decide to collect personal information through this website or use any collected information from this website in a manner different from that stated at the time it was collected, we will notify users by posting changes on this page.

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Children’s Online Privacy Protection Act (COPPA)

The Services are intended for general audiences and are not directed to children under 13 years old. We do not target the Services to children under 13, and we do not intentionally collect any information from users under 13. If you become aware that your child has used the Services, and we may have personal information about a user under 13, please contact us at info@hayopartners.com, so we may delete the information.

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California Privacy Notice

This California Website Privacy Notice supplements the Website Privacy Notice set forth above with respect to specific rights granted under the California Consumer Privacy Act of 2018 (as amended, the “CCPA”) to natural person California residents and provides information regarding how such California residents can exercise their rights under the CCPA.  This supplement is only relevant to you if you are a resident of California as determined in accordance with the CCPA.  Information required to be disclosed to California residents under the CCPA regarding the collection of their personal information that is not set forth in this CCPA supplement is otherwise set forth in the Website Privacy Notice set forth above.

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What information do we collect about you?

In the past 12 months, we have collected the following categories of information from visitors of our website:

Identifiers, such as Internet Protocol address, as well as any email addresses, names or other identifiers provided to us by email to info@hayopartners.com; and

Internet or other electronic network activity information, such as information regarding use of our website (e.g., cookies, browsing history and/or search history),

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How do we obtain your personal information?

In connection with operating our website, we collect and maintain your personal information from the following sources:

Information from your communications with us in connection with this website.

Information captured on our website, including any information captured via cookies.

We may combine personal information that you provide to us with information that we collect from or about you from publicly available sources. This will include information collected in an online or offline context.

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How do we use your personal information?

HAYO may use each of the categories of personal information collected in connection with this website (a) to perform services for you; (b) to respond to requests for information submitted by you through our website; (c) to keep a record of your relationship with us; (d) to detect security incidents and to protect against malicious, deceptive, fraudulent, or illegal activity and/or (e) to generally comply with U.S., state, local and non-U.S. laws, rules and regulations.

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Who do we share your personal information with?

We do not sell any of the personal information we collect about you to third parties.

We do not disclose any personal information except as permitted or required by law, or to our affiliates and service providers such as, for example, our legal counsel, independent accountants and other advisors and agents. We may also disclose your information to other parties as may be required by law or regulation, or in response to regulatory inquiries.

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How do we keep your personal information secure?

HAYO maintains operational policies, including physical, electronic and procedural protections, to safeguard and secure its data networks in order to prevent unauthorized access to data collected online.

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Your rights under the CCPA

If you are a consumer based in California, US (and to the extent the CCPA applies to you), and where we control your data, you have the right, once your request has been verified:

• To request disclosure of personal information collected about you
• (in certain circumstances) to the deletion of your personal data
• (where applicable) to the right to opt-out of the selling of your personal data
• To the right of nondiscrimination for exercising your rights
• Where the above does not apply to you, you may have the right to inspect the data stored by us for accuracy, or may request that the data be removed from our files. HAYO will make a reasonable effort to comply with such requests except where it would require a disproportionate effort (for example, developing a new system or changing an existing practice). We will require that you verify your identity before we act on a request to edit or remove your data. Please direct any questions about your data to HAYO by sending an inquiry to the appropriate contact at info@hayopartners.com.

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