Terms of Service

Last Revised: September 4, 2009

I.GENERAL
These Terms of Use, and our Privacy Policy, as each is amended from time to time, as well as all any other rules and restrictions set forth on this website, apply to you when you view, access or otherwise use the website located at www.highstarcapital.com (the "Highstar Site"). The Highstar Site is owned by Highstar Capital LP (together with its affiliates, "Highstar"), and for the purposes of these Terms of Use, the terms "we", "us", "our", and "Highstar", refer to Highstar Capital LP and its affiliates. "You" refers to you, as a user of this Highstar Site. By accessing or using the Highstar Site, you are acknowledging that you have read, understand, and agree without limitation or qualification to be bound by these Terms of Use. If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the Highstar Site and, accordingly, you should not do so.

To the extent permitted by applicable laws, Highstar may change, add or remove any part of these Terms of Use, or any other terms associated with the use of the Highstar Site at any time. Any changes shall become part of the Terms of Use and shall apply as soon as such a notice is posted. By continuing to use the Highstar Site after such notice is posted, you are indicating your acceptance of those changes.

II.PRIVACY POLICY
In addition to these Terms of Use, your use of and access to the Highstar Site is also subject to our Privacy Policy, which is incorporated by reference herein. Our Privacy Policy contains additional terms relating to our potential collection, use and disclosure of your personal information. You agree that you have read, agreed to and understand Highstar's Privacy Policy.

III.USE OF THE HIGHSTAR SITE AND SITE CONTENT
(a)License to Use the Highstar Site
We grant you a revocable, nonexclusive, nontransferable, limited right to access, use and display the Highstar Site and the copyrighted materials (including but not limited to photographs, graphics, and logos), trademarks and other proprietary information provided hereon (collectively, "Site Content"), provided that you comply fully with these Terms of Use. Images displayed on the Highstar Site are either the property of, or used with permission by, us. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by us. You agree to use the Highstar Site and the Site Content only for lawful, personal, non-commercial, and informational purposes. Except as otherwise permitted herein, you may not reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post or in any way exploit the Highstar Site or the Site Content in any manner or for any purpose. Additionally, you may not (and may not encourage others to) violate any law, regulation, rule or the intellectual property or contractual rights of others, or use or gain access to the identities, information or computers of others, through the Highstar Site. You may not attempt to violate the security of the Highstar Site or transmit any virus, worm, time bomb or similar system interference or corruptant through the Highstar Site.

(b)Website Accounts
Certain areas of the Highstar Site are accessible only by entering a validly issued username and password. You may not access any password protected areas of the Highstar Site without proper authorization. In the event that you have been issued a valid username and password, you acknowledge and agree that Highstar has granted you limited access to specific information or materials relating to your investments solely for your for lawful, personal, non-commercial and informational purposes. You should take reasonable steps to protect the confidentiality of your username and password, and you should immediately notify Highstar if you become aware of any disclosure, loss, theft or unauthorized use of your username or password. Highstar will not be liable for any loss or damage arising from your failure to comply with this Section III(b).

(c)Copyright Protection
The Highstar Site and all Site Content contained thereon is protected by copyright as a collective work under United States copyright laws, and is owned or controlled by, or licensed to, Highstar or the party listed as the provider of the applicable Site Content. UNAUTHORIZED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, COPYING, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY OF THE SITE CONTENT IS PROHIBITED. You may download any Site Content available for download on the Highstar Site only for lawful, personal, noncommercial and informational purposes, provided that such downloadable Site Content is also subject to the terms of this Section III, and provided further that you maintain and abide by all copyright, trademark and other notices contained in such Site Content, or if none, you abide by the following copyright and trademark notice with respect to such downloaded materials:
2009 Highstar Capital LP. The Highstar logo and all associated trademarks and logos used herein are trademarks of Highstar Capital LP or its affiliates. Other company and product names used herein are properties of their respective owners. All rights reserved.

(d)Trademarks
"Highstar", "Highstar Capital" and other marks, product names and company names appearing on the Highstar Site, are trademarks and service marks of Highstar and/or the respective owners of such other marks, product names or company names, as applicable, and in each case are protected by law. All such trademarks and service marks may be used publicly only with permission from Highstar. Fair use of the trademarks and service marks requires proper acknowledgment in accordance with the above copyright and trademark notice.

(e)No Offers or Reliance
Highstar is not utilizing the Highstar Site to provide investment or other advice, and no information or material on the Highstar Site is intended to be a recommendation to buy or sell any securities or is to be relied on for the purpose of making or communicating investment decisions. Past performance is not indicative of future results and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.

Except as expressly set forth herein, the information contained on the Highstar Site is not an offer to sell or a solicitation to buy any security, financial instrument, investment or other product or service of Highstar. No security, financial instrument, investment or other product or service is offered or will be sold by Highstar or, if sold by us, will be effective in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities or other laws of such jurisdiction.

Highstar strives to provide accurate, complete and updated information on the Highstar Site; however, Highstar does not warrant that any information on the Highstar Site is complete or free from error, or that such information is fully updated through any particular date. No information or materials contained on the Highstar Site should be construed or relied upon as investment, legal, tax or other professional advice. Highstar will not treat users of the Highstar Site as its partners, clients, customers or investors by virtue of their accessing the Highstar Site.

(f)Links to Other Websites and/or Materials
Links may appear on the Highstar Site that may be used to link to third party website(s) ("Linked Websites"). These links are provided solely as a courtesy to our Highstar Site visitors. Highstar reserves the right to add, change, decline or remove any link at any time. Highstar has no control over the Linked Websites or the materials, information, goods or services available or contained on these Linked Websites. Highstar is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through Linked Websites or any privacy or other practices of such Linked Websites. If you decide to access any of the Linked Websites, you do so entirely at your own risk. Highstar disclaims responsibility for the privacy policies and customer information practices of Linked Websites.

IV.DISCLAIMERS AND LIMITATION OF LIABILITY
(a)Disclaimer of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE HIGHSTAR SITE AND SITE CONTENT IS AT YOUR OWN RISK AND THE HIGHSTAR SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HIGHSTAR, ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY, INCLUDING HIGHSTAR, THE "HIGHSTAR PARTIES"), MAKES ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY OR NON-INFRINGEMENT, OR THAT THE HIGHSTAR SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE HIGHSTAR SITE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED ON OR THROUGH THE HIGHSTAR SITE.

(b)Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE HIGHSTAR PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE HIGHSTAR SITE, OR THE BREACH OF ANY REPRESENTATION OR WARRANTY, WHETHER AS A BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY INJURY OR DAMAGE OF ANY KIND, INCLUDING TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, RESULTING FROM ANY MISTAKES, INTERRUPTION, OMISSION, DELETION OR OTHER DATA LOSS, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, COMPUTER VIRUS, FILE CORRUPTION, NETWORK OR SYSTEM OUTAGE, COMMUNICATION-LINE FAILURE, BROWSING, DOWNLOAD OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. HIGHSTAR SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE USER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, OR OTHER CLAIMS, LOSSES OR DAMAGES OF ANY KIND, WHETHER OR NOT HIGHSTAR HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS, LOSSES OR DAMAGES.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions the Highstar Parties liability is limited to the extent permitted by law, thereby minimizing the Highstar Parties liability to you to the lowest amount permitted by applicable law. In no event shall our total liability to you for all damages, losses and causes of action exceed the amount paid by you, if any, for accessing this website.

As consideration for access to the Highstar Site, you agree to indemnify and hold harmless the Highstar Parties from and against any claims whatsoever and of any nature for damages, losses and causes of action, including but not limited to actions by third parties against you or any of the Highstar Parties arising out of or in connection with any decisions that you make based on the information or materials contained on the Highstar Site, your use of the Highstar Site or your violation of our website policies.

V.MISCELLANEOUS
(a)Governing Law and Jurisdictional Issues
This agreement is governed in all respects by the substantive laws of the State of New York and of the United States of America. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. The Highstar Site is controlled and operated from Highstar's offices in the United States of America, and Highstar makes no representations that materials in the Highstar Site are appropriate or available for use in other locations. Those who choose to access the Highstar Site from other jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Highstar Site from any territory where the content is illegal is prohibited. Highstar reserves the right to limit access to the Highstar Site to any person, geographic region or jurisdiction.

You acknowledge that any software which may be available or provided to you on this Highstar Site may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States and other countries and jurisdictions. You hereby agree that you will not transfer or export such software in violation of such applicable export laws and regulations. We do not authorize the downloading or exportation of any software, technical data or materials from this Highstar Site to any jurisdiction prohibited by such export controls laws and regulations.

(b)Suggestions and Feedback
Highstar welcomes feedback or inquiries about our products. Any unsolicited suggestions will be treated as non-confidential and non-proprietary to you, but Highstar reserves the right to treat such suggestions as confidential and proprietary to Highstar. Any and all rights to materials and ideas submitted to us become the exclusive property of Highstar. Such information (other than personal data or information, which is collected, stored and disclosed in accordance with our Privacy Policy) may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting, without remuneration, compensation or attribution to you, provided that Highstar is under no obligation to use such feedback. We are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us via the Highstar Site or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

(c)Electronic Communications
When you visit the Highstar Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or through other electronic means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

(d)Interpretation and Entire Agreement
These terms and conditions, together with our Privacy Policy, form the complete and exclusive agreement between you and Highstar with respect to your use of the Highstar Site, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and Highstar relating to such matters. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Use. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

(e)Contact Us
If you have any questions, comments or concerns regarding these Terms of Use and/or the Highstar Site, please send an email to: info@highstarcapital.com