Holder Capital Partners PRIVACY POLICY AND TERMS OF USE
I. PRIVACY . With respect to information submitted or collected on the HCP Site, you accept HCP’s privacy policy as set forth below. This policy does not pertain to, and HCP is not responsible for the privacy practices of, any third party websites to which the HCP Site hyperlinks. Certain areas of the HCP Site may be subject to additional privacy-related provisions, links to which will be posted in those areas.A. Activity Logging . When you use the HCP Site, which may be hosted in part or in its entirety by a third party, the HCP Site will collect information indirectly and automatically (through, for example, the use of “cookies” or your “IP address”) about your activities. HCP uses this activity information (the “Activity Information”) for internal purposes such as to administer the HCP Site, improve the HCP Site, and help HCP understand how the HCP Site is being used including the demographics and “clickstreams” of its visitors. “Cookies” are small pieces of information stored on your hard drive, not on the HCP Site. You are always free to decline cookies if your browser permits, but in that case, some portions of the HCP Site may not operate properly.
B. Personally Identifiable Information . The HCP Site is designed so that you may generally browse it without providing any Personally Identifiable Information (defined below). Certain areas of the HCP Site, however, may require or allow the voluntarily submission of Personally Identifiable Information (for example, registration to receive the HCP Offering Memorandum). HCP uses your Personally Identifiable Information for the purposes for which it was submitted by you to HCP and for HCP to send you documents, publications and invitations that may be of interest to you. Except as otherwise set forth in this policy, HCP does not share your Personally Identifiable Information with third parties. “Personally Identifiable Information” means information that would allow someone to identify or contact you, such as your name, physical or electronic mail address, and telephone number; provided, however, that Personally Identifiable Information does not include aggregated information that, by itself, does not permit the identification of individual persons and does not include the Activity Information.
C. Removal of Personally Identifiable Information . HCP will use reasonable efforts to remove your Personally Identifiable Information from our then current HCP Site at any time upon your written request to www.holdercapitalpartners.com. Such removal of Personally Identifiable Information will not ensure the permanent removal of such Personally Identifiable Information from the HCP Site. For example, such Personally Identifiable Information may remain in HCP’s archival or backup copies of the HCP Site.
D. Additional Disclosure of Personally Identifiable Information . HCP may share Personally Identifiable Information with third parties, including affiliated firms and third parties performing services for or on behalf of HCP. Such services may include communications, database, event management, legal, hosting, mailing, and marketing services. Additionally, HCP cannot fully ensure that your Personally Identifiable Information will not be disclosed to third parties. For example, HCP may be legally obligated to disclose information to the government or third parties under certain circumstances, third parties may circumvent HCP’s security measures to unlawfully intercept or access transmissions or private communications, or an error may occur in the administration of the HCP Site. In the unlikely event that HCP needs to investigate or resolve possible problems or inquiries, HCP may, and you authorize HCP to, disclose any information about you to government officials as permitted by applicable law.
E. Miscellaneous Privacy Terms . HCP has implemented and follows appropriate technical measures to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of Personally Identifiable Information. You should know, however, that HCP cannot fully eliminate such risks. HCP hopes this policy clarifies HCP’s procedures regarding its collection, use and disclosure of your information including Personally Identifiable Information. From time to time, HCP may modify this policy. Such modifications will be effective on the date that HCP posts the modified statement to the HCP Site. Questions or concerns regarding the privacy policy in this policy may be submitted to www.holdercapitalpartners.com.
II. GENERAL TERMS OF USE
A. Prohibited Uses . You will not use the HCP Site in violation of any applicable law. Without limiting the foregoing, you will not use the HCP Site in connection with (a) the infringement of intellectual property rights including HCP’s rights in its marks and its articles and alerts; (b) the unauthorized transmission of unsolicited commercial electronic mail; (c) the transmission of defamatory materials; or (d) fraud. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the HCP Site.
B. Copyright in Information . The HCP Site including the Information is protected by United States and international copyright laws. All rights are reserved. Subject to the terms of these Notices and Terms, HCP grants to you a limited, nonexclusive, personal license to access, view, download and print the Information solely for noncommercial and informational purposes. You may not modify the Information in any way and you may not remove or obscure any copyright or permission notices provided on or in connection with the Information. HCP does not grant to you any rights in its marks. You are free to hyperlink to any page in the publicly available pages of the HCP Site; provided, however, that you agree to remove any such hyperlink upon HCP’s written request.
C. Electronic Mail . Subject to Section II.A., you may send electronic mail to those addresses made available on the HCP Site for the purposes of requesting alerts or other news notification services, submitting voluntary survey responses, responding to or making inquiries regarding HCP events, requesting information regarding HCP or services offered by HCP, and inquiring about employment opportunities. You agree to cease electronic mail to any HCP address upon HCP’s request.
D. No Warranties . THE HCP SITE IS PROVIDED TO YOU “AS IS.” YOUR ACCESS AND USE OF THE HCP SITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, HCP DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR FREE OPERATION.
E. Disclaimer of Liability . TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, Holder Capital Partners DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR INCOME, LOST BUSINESS, OR LOST DATA , OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE HCP SITE .
F. Third Party Information . HCP may hyperlink to or otherwise make third party information available on the HCP Site. This is done solely for the purposes of convenience. HCP does not endorse or approve of any such third party information or such third parties.
G. Miscellaneous . You agree that any dispute arising out of or in connection with the HCP Site or these Notices and Terms will be governed by the laws of the State of California without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction, and You submit to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, California. In the event that you gain access to information not intended to be accessed by you, you agree that you will immediately notify HCP and lawfully destroy all copies of such information in your possession. HCP may be contacted at www. HCP.com.
