These Terms apply to the website located at www.altuscapitalpartners.com web site and all related pages (not including the Altus “Investor Portal” web site) (“Site”), which is owned or controlled by Altus Capital Partners, Inc. (“Company” or “we,” “our,” or “us”). These Terms govern your use of the Site. These Terms do not apply to any other web site or any offline activities by Company (unless specifically stated). You agree to these Terms by accessing or using the Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, THEN DO NOT USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
We reserve the right at any time to change: (i) these Terms; (ii) this Site, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Site or the hours that they are available; and (iii) the equipment, hardware or software required to use and access this Site. You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. You may only use this Site for lawful purposes.
OWNERSHIP OF SITE MATERIALS
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Site (including past, present and future versions), including, without limitation: graphics; layout; text; instructions; images; audio videos; designs; advertising copy; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the “Materials”) are owned, controlled or licensed by Company, its affiliates, portfolio companies and/or its partners and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
Altus Capital Partners® and the Altus Capital Partners Logo® are trademarks of Company. Nothing on the Site shall be interpreted as granting any license or right to use any image, trademark, trade dress, logo or service mark on the Site.
The Materials may not be copied, reproduced, downloaded, published, transmitted, displayed, sold, have derivative works created from, or distributed in any way, in whole or in part, without the express permission of Company, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited.
YOUR LICENSE TO USE MATERIALS ON OUR SITE
You agree not to use the Site for, or in connection with, any of the following activities:
Spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of Company’s personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any e-mail or other posting;
Any fraudulent or illegal purpose, or any use which violates the accepted norms of the Internet community, whether or not expressly mentioned in these Terms, as well as any activity that could damage Company’s commercial reputation and goodwill or the commercial reputation and goodwill of its affiliates, portfolio companies and/or its partners; E-mailing, uploading, or otherwise transmitting or using the Site in furtherance of the use or distribution of any unlawful, harmful, harassing, defamatory, tortious, libelous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, or any material that is invasive of another’s privacy or exploits children, or transmitting any sexually explicit materials, including images and other content; and Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or the operation of the Site, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or transmit any materials that otherwise violate Company’s rules or policies. Use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine activity or your use of a standard Internet browser); or Modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or Company.
While using this Site you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Site.
THIRD PARTY LINKS AND CONTENT
There may be links from the Site to third party web sites or our Site may include third party content that we do not control, maintain or endorse. Accessing those third party sites requires you to leave the Site. We do not control those third party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. If you decide to access any such third party sites or material, you do so entirely at your own risk.
Company grants you the revocable permission to link to the Site; provided, however, that your web site, or any third party web sites that link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that Company or the Site is endorsing or sponsoring it or its products, unless Company has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Company’s sole opinion, harm Company or its products or services; (d) must not use any Company trademarks without the prior written permission from Company; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Company’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, Company reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion.
The information on this Site is provided for informational purposes only. No Materials on the Site shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of Company or any other issuer. Offers can only be made where lawful under, and in compliance with, applicable law.
Company makes no representations that transactions, products or services discussed on the Site are available or appropriate for sale or use in all jurisdictions or by all investors. Those who access the Site do so at their own initiative and are responsible for compliance with local laws or regulations.
Company makes no representations or warranties as to the accuracy, reliability or completeness of any Material. Company undertakes no obligation to update publicly or revise any information on the Site, whether as a result of new information, future developments or otherwise. Opinions and any other Materials on the Site are subject to change without notice.
Company is not utilizing the Site to provide investment or other advice, and no information or material at the Site is to be deemed a recommendation to buy or sell any securities or is to be relied upon for the purpose of making or communicating investment or other decisions. In addition, no information or Materials contained on the Site should be construed or relied upon as investment, legal, accounting, tax or other professional advice or in connection with any offer or sale of securities. Any transactions listed on the Site are included as representative transactions and are not necessarily reflective of overall performance.
Company does not advise on the tax consequences of any investment.
THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY OR ANY OF ITS EMPLOYEES; DIRECTORS; OFFICERS; SHAREHOLDERS; AGENTS; VENDORS; OR CONTRACTORS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITE; (D) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED ON THE SITE; AND/OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO COMPANY OR VIA THE SITE. IN ADDITION, THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM AND TRADE.
FURTHERMORE, THE COMPANY PARTIES DO NOT REPRESENT OR WARRANT THAT (A) THE SITE OR THE FUNCTIONS CONTAINED ON IT WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE IS FREE FROM ANY HARMFUL COMPONENTS; (B) THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE; (C) THAT YOUR USE OF THIS WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION; AND THE COMPANY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR SOLE RISK. . SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, THE MATERIALS, AND FUNCTIONS OF THIS SITE OR ANY LINKED SITE, EVEN IF COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
Any Material downloaded or otherwise obtained through the Site is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such Material.
TERM AND TERMINATION
Company reserves the right to revoke any and all licenses and permissions granted to you by these Terms, without notice and liability. Company also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Site or Company. Any violation of these Terms may be referred to law enforcement authorities.
Upon termination of your access to the Site, or upon demand from Company, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site and destroy all materials obtained from the Site and all related documentation.
As a condition of your use of the Site, you agree to indemnify and hold the Company Parties harmless from and against any and all claims, losses, liability, costs and expenses (including, but not limited, to attorney’s fees), as incurred, arising from your use of the Site or related services or from your violation of these Terms. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Company. This indemnification section will survive any termination or expiration of these Terms.
LOCATION OF SITE AND TERRITORIAL RESTRICTIONS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Company controls and operates the Site from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on their own initiative and are responsible for compliance with United States, and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service or other feature described or available on the Site to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
GOVERNING LAWS; JURISDICTION; COMMENCEMENT OF ACTIONS
THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITE, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN COOK COUNTY, ILLINOIS FOR ANY SUCH LEGAL PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES
Materials contained in this Site or in links from this Site are dated as of the date originally issued or indicated on the Material and may no longer be accurate. Company assumes no obligation to update such Materials.
The failure of Company to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Company’s rights with respect to such breach or any subsequent breaches. No waiver by Company of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of Company. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Company may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Company’s prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Company by virtue of having drafted them.
By using the Site, you agree that Company, at its sole discretion, may require you to submit any disputes arising from the use of the Site, related services or these Terms concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state set forth herein.
ENTIRE AGREEMENT, TERMINATION AND MODIFICATIONS
Company reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof. Company also reserves the right to charge for use of the Site, in whole or in part, and to change its fees from time to time in its discretion.
Company reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the home page, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
Feel free to provide your comments, suggestions and feedback ("Comments") to Company through the “CONTACT” page provided in this Site. You agree with respect to any Comments provided by you to us, via e-mail or otherwise, that: (i) Company has no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) Company may use, disclose, distribute or copy such Comments and may use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you and without payment of any royalties to you; and (iv) such Comments are truthful and do not violate the legal rights of others.