These Terms of Use constitute a legally binding agreement between Global Sports Capital Partners, L.P. and its affiliates (together, “GSCP,” “our,” or “us,”) and you, the user of globalsportscp.com. By accessing the website you acknowledge that you have read and agree to these Terms of Use. These Terms of Use govern your use of the website. Please read these Terms of Use carefully. If you do not agree with any of the terms and conditions contained herein, please do not access the website. GSCP reserves the right to amend these Terms of Use in its sole discretion. GSCP will post any changes to these Terms of Use on the website, and changes are effective immediately upon posting. Your continued use of the website after any such changes constitutes your acceptance of the new terms and conditions. You should consult the “Terms of Use” on the website each time you visit the website.

The website is offered and available to users who are 18 years of age or older. By using the website, you represent and warrant that you are of legal age to form a binding contract with GSCP. If you do not meet all of these requirements, you must not access or use the website.

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

PURPOSE OF THE WEBSITE; NOT INVESTMENT ADVICE; NO RECOMMENDATIONS

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

This website is not intended to provide legal, business, tax, accounting, investment, or other advice. You agree not to construe any of the Content (as defined below) provided in connection with the website as legal, business, tax, accounting, investment, or other advice. You agree that the Content provided in connection with the website does not, and shall not be deemed to, constitute an offer to sell, or a solicitation to any person to buy, any security or similar investment. 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 investment or other decisions. In addition, you understand and agree that all Content provided in connection with the website 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 website. You agree to consult your own professional advisors as to any legal, business, tax, accounting, financial, or other advice regarding any Content provided in connection with the website.

REGULATORY DISCLOSURES

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

Certain information contained on this website constitutes “forward-looking statements.” All forward-looking statements represent only the intent and belief of GSCP as of the date such statements were made. None of GSCP 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 website 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.

PRIVACY POLICIES

In addition to these Terms of Use, your use of and access to the website is also subject to our Privacy Policy and California Website Privacy Policy, which are incorporated by reference herein, as applicable. Our Privacy Policy and California Website Privacy Policy contain additional terms relating to our potential collection, use and disclosure of your personal information, as applicable. You agree that you have read, agreed to and understand our Privacy Policy and California Website Privacy Policy, as applicable.

TRADEMARKS AND OTHER INTELLECTUAL PROPERTY

The trade names, trademarks, service marks, trade dress, logos and other indicia of source (including those registered, pending, arising under common law or otherwise, collectively, “Marks”) found on the website and any and all information and content available through the website, including strategies, policies, business plans, research, concepts, other information, and any copyrights, works of authorship and derivative works thereof (collectively, the “Content”) are proprietary to GSCP or its licensors and are protected by intellectual property rights and unfair competition and other laws. You may not use any Mark or Content without the express written permission of the owner (whether GSCP or otherwise), and nothing contained in these Terms of Use or anywhere on the website shall be construed as granting any license or right to use any Mark or Content.

From time to time, you may provide feedback, suggestions, or other ideas about the website, services offered by GSCP or other materials provided by GSCP to you (collectively, “Feedback”). In consideration of your use of the website and any of our services or materials, you agree that GSCP shall own all Feedback and related intellectual property rights, whether provided orally or in writing, and you hereby assign all right, title, and interest (including all intellectual property rights) that you have or may have in Feedback to GSCP, and agree to take such actions and to execute such documents as reasonably requested by GSCP to confirm, convey, record, or otherwise give effect to GSCP’s sole ownership of the Feedback.

THIRD-PARTY LINKS

From time to time, GSCP may provide links from this website to websites operated by third parties. GSCP’s decision to do so is in no way an endorsement of these sites. GSCP does not monitor, edit or control such third-party sites and is not responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to follow links to such websites is at your sole risk. When you click on a link to another website you will be leaving the Site. If you have any questions regarding a linked site, please direct them to the administrator of the relevant site. GSCP reserves the right to terminate any link at any time.

DISCLAIMER OF WARRANTIES

THE WEBSITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, PROVIDED WITHOUT WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY GSCP, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE WEBSITE, INCLUDING 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. GSCP FURTHER DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR CONTENT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE WEBSITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.

LIMITATION OF LIABILITY

GSCP DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE WEBSITE OR THE CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, GSCP IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE WEBSITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THE WEBSITE OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.

UNDER NO CIRCUMSTANCES WILL GSCP BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNITY

You agree that you will be solely responsible for, and that you will defend, indemnify and hold GSCP, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use or otherwise resulting from your use of the website. GSCP reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify GSCP for all liabilities, losses, or damages. You agree to provide GSCP with whatever cooperation it reasonably requests.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, UNLESS OTHERWISE REQUIRED BY LAW.

MISCELLANEOUS

You may not assign or otherwise transfer these Terms of Use or your rights or obligations under it without GSCP’s prior written consent, and any attempted assignment or other transfer in violation of this provision shall be null and void. GSCP may assign these Terms of Use or any rights under these Terms of Use without your content and without notice. Nothing in these Terms of Use may be used to construe you and GSCP as joint venturers, co-employers, partners, or agents of each other, and neither you nor GSCP has the power to obligate or bind the other in any way whatsoever. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect. The failure of GSCP 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. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms of Use against or relating to GSCP or any indemnified party under these Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in the State of Delaware and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the website 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 these Terms of Use are for convenience only and should not be considered part of these Terms of Use. The word “including” means “including without limitation.”

If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the website, please contact us.