Thank you for visiting the website of HighPost Capital, LLC (“HighPost”, “we”, “our” or “us”). By using this website, you agree to abide by the provisions of the Privacy Policy and Terms and Conditions set forth herein each time you access the website. If you do not accept all or any of the provisions of the Privacy Policy and Terms and Conditions set forth herein, you must cease use of this website immediately.
Use of Website
HighPost grants you a limited, non-transferable license to use this website in accordance with these Terms and Conditions. This website and the content provided in this website, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of HighPost except that you may download, display and print the materials presented on this website for your personal, non-commercial use only. You may not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this website, in any case without the prior written permission of HighPost.
You agree that you will not transmit or otherwise transfer any web pages, data or content found on this website to any other computer, server, website, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this website. You agree that you will not take any action that imposes a burden or load on our infrastructure that HighPost deems in its sole discretion to be unreasonable or disproportionate to the benefits HighPost obtains from your use of the website.
Unauthorized use of this website and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition.
Any information or materials sent to this website will become the property of HighPost and will be treated as NOT CONFIDENTIAL. HighPost may use such information for any purpose whatsoever.
You may not access this website or use the information contained herein for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You warrant that when using this website, you will not violate or facilitate any violation of any applicable local, state, federal or international law, statute, regulation, code or ordinance, including regulations promulgated by or the rules of any national or other securities exchange. Permission to use this website will terminate automatically if you breach any provision of these Terms and Conditions.
You agree to access this website and use the information contained herein 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 this website in any manner that could damage the business of HighPost or its portfolio companies.
We may investigate occurrences that may involve violations of the security of this website or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right to disclose any information about you or your use of this website in connection with any investigations by us or law enforcement authorities.
We cannot and do not assure that other users are or will be complying with these Terms and Conditions, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
Copyrights & Trademarks
All materials included on this website including, without limitation, text, graphics, logos, button icons, images, audio clips, video clips and software are copyrighted materials, trademarks and/or other proprietary information (the “Materials”) are owned or controlled by HighPost or its content providers, who may or may not be affiliated with HighPost. Further, unless provided otherwise, you agree that the reproduction, modification, distribution, transmission, republication, display, performance or storage of the Materials is strictly prohibited without the express written permission of HighPost and any other respective copyright or trademark owner (from whom you are solely responsible for obtaining permission). Any unauthorized use thereof may violate copyright laws, trademark laws, the laws of privacy and publicity and other applicable regulations and statutes and may result in severe civil and criminal penalties.
The trademarks and service marks displayed on this website are registered or unregistered trademarks and service marks of HighPost. Use of any trademark or service mark displayed at HighPost without the express written consent of HighPost or the registered owner of the trademark or service mark is strictly prohibited.
Accuracy of Information
While HighPost uses its best efforts to include accurate and up to date information on HighPost, HighPost makes no warranties or representations as to its accuracy. HighPost assumes no liability or responsibility for any errors or omissions in the content of this website. HighPost also assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any visitor communication or personalization settings.
Market Information
We may make available to you through one or more HighPost services a broad range of financial information that we obtain from third party content providers, including, without limitation, financial market data, quotes, news, analyst opinions, and research reports (collectively, “Market Information”). HighPost does not endorse or approve Market Information, and we make it available to you only as a service and convenience. HighPost and our third-party providers do not (a) guarantee the accuracy, timeliness, completeness or correct sequencing content of Market Information or (b) warrant any results from your use or reliance on any Market Information. Market Information may be unreliable when posted or may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither HighPost nor the third-party providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither HighPost nor the third-party providers will be liable in any way for the termination, interruption, delay, or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to any Market Information to anyone who is not authorized by HighPost to receive such Market Information.
No Investment Advice or Recommendations
Any of the services or the Materials, including any Market Information, provided by HighPost through this website are for informational purposes only. Although the Market Information may provide information relating to investment approaches and opportunities to buy or sell securities, you should not construe any Market Information or other content available through this website as legal, tax, investment, financial or other advice. Nothing contained in any Materials on this website constitutes a solicitation, recommendation, endorsement, or offer by HighPost or a third-party provider to buy or sell any securities or other financial instruments. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any services or Material provided by HighPost through this website.
Forward-Looking Statements
The contents of the website may contain forward-looking statements that are based on beliefs, assumptions, current expectations, estimates, and projections about the financial industry, the economy, HighPost itself, or its investments. These statements are not guarantees of future performance and involve certain risks, uncertainties, and assumptions that are difficult to predict with regard to timing, extent, likelihood, and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. Furthermore, HighPost undertakes no obligation to update, amend, or clarify forward-looking statements, whether as a result of new information, future events, or otherwise.
Disclaimer of Warranties
You acknowledge that we provide the contents of this website on an “as is” basis with no warranties of any kind. We disclaim all representations and warranties, express or implied of any kind with respect to the website, including warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property and proprietary rights. Without limiting the foregoing, we do not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, speed or delivery of the website or any part of the information contained in this website. Your use of this website and use or reliance upon any of the materials on it is solely at your own risk.
Limitations of Liability
We are not responsible for any damages or injury, including special or consequential damages, that result from your use of (or inability to use) this website (including our investor portal), including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction. Your use of this website and reliance upon any of the materials on it is solely at your own risk. We cannot guarantee the security of this website. Electronic communications can be intercepted by third parties and, accordingly, transmissions made to or from links in this website may not be secure. Communications to HighPost from links in this website, including any communications containing investment ideas, concepts, know-how, or techniques which may be considered confidential or proprietary by the sender, will not be treated as confidential or proprietary by HighPost.
Indemnity
By accessing this website, you agree to indemnify HighPost and its affiliates, and their respective partners, stockholders, members, managers, officers, directors, employees and agents (collectively, the “HighPost Indemnitees”) against, and hold the HighPost Indemnitees harmless from, any and all claims and expenses, including attorneys’ fees, arising from your use of this website. You hereby release the HighPost Indemnitees from any and all claims, demands, debts, obligations, damages (actual, consequential or special), costs and expenses of any kind whatsoever that you may have against the HighPost Indemnitees arising out of or in any way related to such disputes.
Linking and Framing
We do not permit others to link to or frame this website or any portion thereof.
Please note that the Terms and Conditions apply only to this website and not to other websites that may be accessible from this website via hyperlink. We are responsible only for the content of our own website. We encourage you to review the privacy policies and terms and conditions of all other websites that you visit.
International Use
Due to the global nature of the Internet, this website may be accessed by users in countries other than the United States. We make no warranties that materials on this website are appropriate or available for use in such locations. 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 site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.
Termination
HighPost may terminate your access to this website for any reason, without prior notice. These Terms and Conditions will survive any termination or expiration of your access to the website.
Governing Law
This website is maintained and controlled by HighPost from its offices in New York, New York. HighPost endeavors to operate the website in conformance with the laws of the United States of America. HighPost does not represent that information in the website is appropriate or available for use in any specific location. Access to it from locations where its contents are illegal is prohibited.
These Terms and Conditions and any claim relating to the website will be governed by the laws of the State of New York, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in New York, New York, United States of America, in all questions and controversies arising out of your use of this website and these Terms and Conditions.
Injunctive Relief
You acknowledge that a violation or attempted violation of any of these Terms and Conditions will cause such damage to HighPost as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that HighPost will be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by HighPost in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security will be required in connection with such injunction.
Severability
These Terms and Conditions will be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision will nonetheless be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.
Contact Information
If you have any questions or concerns about this website and/or the Privacy Policy and Terms and Conditions set forth herein, please email Gary Bialik at gary@highpost.com.
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