I. PRIVACY . With respect to information
submitted or collected on the HCP Site, you accept HCP’s
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
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
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
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
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.