Website Terms of Use

Omnipoint Management Solutions LLC. (“Omnipoint”) maintains this website. The “Terms of Use”
include the following terms and conditions, and all documents referred to herein. The Terms of Use
apply to your use of www.omnipointcapital.org (“the Website”). The Terms of Use also apply to any
content, functionality, and services offered on or through the Website.
Please read the Terms of Use carefully before you use the Website. By using the Website, you agree to
abide by these Terms of Use including our Privacy Policy, found www.omnipointcapital.org. If you do not
agree to the Terms of Use or the Privacy Policy, you must exit the Website.

Changes to the Terms of Use and Website

We may update the Terms of Use from time to time. You agree to review 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 Website
following the posting of updated Terms of Use means that you agree to the changes.
We reserve the right to withdraw or update the Website, and any service or material we provide on the
Website, without notice. We will not be liable if part of the Website is unavailable at any time or for any
period. From time to time, we may restrict access to some parts of the Website, or the entire Website.

Accessing the Website and Account Security

By using this Website, you represent and warrant that you are of legal age to form a binding contract. To
use some areas of this Website, you must be a debtor of record or have the legal authority to represent
the debtor of record. To access the Website or some of the resources it offers, you may be asked to
provide identification details, such as a username and password. The Website contains links to other
sites and resources provided by third parties. These links are provided for your convenience only.
You must treat your user name and password as confidential information. Do not disclose either to any
third party. You will notify Omnipoint immediately of any unauthorized use of your user name or
password, or any other breach of security. We have the right to disable any user name or password at
any time.

Intellectual Property Rights

All intellectual property rights associated with the Website and its contents are the sole property of
Omnipoint or its affiliates. Copyright, trade dress, trade secret, unfair competition, and other laws (both
in the United States and in other countries) protect the contents of the Website. You cannot reproduce,
sell, or exploit any part of the Website for any commercial purposes. If you wish to make any use of
material on the Website other than that set out in this section, please address your request to:
support@omnipointcapital.org.

Prohibited Uses

You agree not to use the Website:

• In any way that violates any applicable federal, state, local and international law or regulation.
• To impersonate or attempt to impersonate Omnipoint or a Omnipoint employee, another user, or
person or entity.
• In any way that could disable, burden, damage, or impair the Website or interfere with any other
party's use of the Website.
• By means of any robot, spider or other automatic device, process or means to access the Website for
anypurpose.
• In any way to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website,
the server on which the Website is stored, or any server, computer or database connected to the
Website.

Information about You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy www.omnipointcapital.org. By
using the Website, you consent to all actions taken by us with respect to your information in compliance
with the Privacy Policy. You represent and warrant that all data provided by you is accurate.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT
YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. NEITHER OMNIPOINT NOR ANY PERSON ASSOCIATED WITH OMNIPOINT
MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, NEITHER OMNIPOINT NOR ANYONE ASSOCIATED WITH OMNIPOINT EPRESENTS OR
WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. OMNIPOINT HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR
PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL OMNIPOINT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, 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 WEBSITE, ANY
WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT
LIMITED TO, 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Omnipoint, its affiliates and licensors and their
respective officers, directors, employees, contractors, agents, licensors and suppliers 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 Website, including,
without limitation, any use of the Website's content, services and products other than as expressly
authorized in these Terms of Use or your use of any information obtained from the Website.

Entire Agreement

These Terms of Use and the Privacy Policy contain all the terms and conditions agreed on by the parties
with respect to the Website.

Waiver

A party’s waiver of enforcement of any of these Terms of Use’s terms or conditions will be effective only
if in writing. A party’s specific waiver will not constitute a waiver by that party of any earlier, concurrent,
or later breach or default.

Severability

If any part of these Terms of Use is held indefinite, invalid, or otherwise unenforceable, the rest of the
Terms of Use will continue in full force.

Choice of Law

These Terms of Use are governed by and must be interpreted under New York law (Erie County), without
regard to its choice-of-law provisions.

Limitation of Claims

Regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or
related to the use of this Website or the Terms of Use must be filed within one year after such claim or
cause of action arose or be forever barred.