Terms of Use

Effective Date: January 24, 2023

By accessing and using the website of Main Street Capital Corporation and its affiliates (“Main Street,” the “Company” or “we,” “us” or “our”) located at www.mainstcapital.com (the “Site”), you accept and agree to be bound by the terms and conditions described in this terms of use agreement (this “Agreement”). This Agreement is a binding agreement between you and Main Street, and governs your access and use of the Site, which includes any information, data, tools, products, services and other content available on or through the Site, and all code, data, materials, trademarks, logos, copyrights and other intellectual property provided at the Site (collectively, the “Content”). You may contact Main Street at the address provided below with questions about this Agreement.

Please read this Agreement carefully before you start to use the Site. Your use of the Site indicates your full acceptance of and agreement to abide by this Agreement in its then current form.  If you do not agree with this Agreement, you must not access or use the Site.

Limited License

Main Street grants to you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to access and use the Site and Content, in each case solely as expressly permitted hereunder. You may access and view the Site and Content on your computer or other device and, unless otherwise indicated in this Agreement or on the Site, make single copies or prints of the Content for your personal, internal use only.

Prohibited Use

Unless otherwise specifically indicated in this Agreement or on the Site, any commercial or promotional distribution, publishing, or exploitation of the Site, or any Content, is strictly prohibited unless you have received express prior written permission from us. Other than as expressly allowed herein or on the Site, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any Content. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the Content, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any Content from or through the Site. If you make other use of the Site, or the Content, except as otherwise provided above, you may violate intellectual property and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

In addition, you agree not to use the Site:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to:

• Circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Content, or make any unauthorized use thereof.
• Use the Site in any manner that could interfere with any other party’s use and enjoyment of the Site or the Content including in any manner that could disable, overburden, damage, or impair the Site.
• Obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in this Agreement, without our prior written consent.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

Links to Third Party Websites

Main Street is not responsible for information on any third-party website that may be referenced in, or accessible or connected by hyperlink to, the Site. If you access any third-party website through the Site or otherwise, you do so at your own risk. Hyperlinks to or from the Site do not constitute third-party endorsement of, sponsorship by or affiliation with us.

Social Media

We may publish content on social media platforms, including, but not limited to, Twitter and LinkedIn (collectively, “Social Media Sites”), however we are not affiliated with any Social Media Sites or any of their services.

No Solicitation or Investment Advice

We do not render or offer to render investment advice through this Site. Nothing on this Site is intended to constitute (i) an offer, or solicitation of an offer, to purchase or sell any security, other asset, or service, (ii) investment advice or an offer to provide such advice, or (iii) a basis for making any investment decision. Except as expressly stated by us in writing, neither this Site nor any of the Content make any effort to present a comprehensive or balanced description of Main Street or its investment activities. Any portfolio company described on this Site may not be representative of all investments made by us and is intended to be illustrative of the types of investments that may be made by us. The selected investments are not meant to imply the returns of any fund on an individual or aggregate basis. Any statistical information contained on the Site has been supplied for information purposes only and is not intended to be and does not constitute investment advice or an opinion regarding appropriateness of an investment. Certain places on this Site may contain information created and published by institutions or organizations independent of us. We do not endorse, approve, certify, or control these materials.

Perspectives from portfolio company executives are provided to demonstrate the benefits of working with us.  They are not provided to solicit investors and any executive’s view is not offered on the basis of being an investor but rather as an executive who works with us. 

Confidentiality

Any information or materials that you provide to us will not be considered confidential or proprietary and will not be returned or safeguarded. We are not obligated to review any information or materials sent to us, and we reserve the right to reject information or materials in our sole discretion. We receive many similar plans and ideas, and your idea, or one similar in nature, may already have been submitted to us or be under consideration by us. In no event shall we be limited or restricted from pursuing any opportunities with others.

Indemnification

You agree to defend, indemnify and hold harmless Main Street and its affiliates, and its and their respective directors, officers, employees, agents, suppliers, service providers, vendors, and successors and assigns from and against any losses, damages, claims, liabilities and costs (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Site, the Content and/or information obtained from the Site other than as expressly authorized in this Agreement.

DISCLAIMER OF WARRANTIES

All statements and expressions are the sole opinion of the Company and are subject to change without notice. The Company is not liable for any investment decisions by its readers or subscribers. It is strongly recommended that any purchase or sale decision be discussed with a financial advisor, or a broker-dealer, or a member of any financial regulatory bodies. The information contained herein has been provided as an information service only.

THE ACCURACY OR COMPLETENESS OF THE INFORMATION IS NOT WARRANTED AND IS ONLY AS RELIABLE AS THE SOURCES FROM WHICH IT WAS OBTAINED. INVESTORS ARE CAUTIONED THAT THEY MAY LOSE ALL OR A PORTION OF THEIR INVESTMENT IN THIS OR ANY OTHER COMPANY. THE SITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK.

MAIN STREET DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. THIS DISCLAIMER WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT CONTAINED WITHIN OR PRESENTED BY THE SITE.

FORWARD LOOKING STATEMENTS

Information contained on the Site contains “forward looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended and Section 21E of the Securities and Exchange Act of 1934, as amended. Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions or future events or performance are not statements of historical facts and may be “forward looking statements”. Forward looking statements are based on expectations, estimates and projections at the time the statements are made that involve a number of risks and uncertainties which could cause actual results or events to differ materially from those presently anticipated. Forward looking statements may be identified through the use of words such as “expects”, “will”, “anticipates”, “estimates”, “believes”, or by statements indicating certain actions “may”, “could”, “should” or “might” occur.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY 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, ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, AND/OR YOUR PROVISION OF INFORMATION VIA THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

Governing Law

The Terms & Conditions, and the relationship between you and us, shall be governed by the laws of the state of Texas, without regard to its conflicts of laws provision. Except as otherwise agreed in writing by us, you agree that any cause of action that may arise under the Agreement shall be commenced and be heard in the appropriate state and federal courts located in Houston, Texas. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Changes to this Agreement

This Agreement sets forth the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Agreement, in whole or in part, at any time. Changes to the Agreement will be effective when posted. The revised Agreement will be posted on the appropriate portion(s) of our Site and will indicate at the top when it was most recently updated. In the event any provision of this Agreement is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of the Agreement and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of the Agreement. Your continued use of the Site and/or the Content after any changes to the Agreement are posted will be considered your acceptance of those changes.