These Terms and Conditions of Use (the “Terms of Use”)
are between you and Altaris Capital Partners, LLC (“Altaris”).
This web site (the “Site”) is provided by Altaris.
Your access and use of the Site is governed by the following
Terms of Use. By using the Site, you agree to these Terms of
Use; if you do not agree, please do not use the Site. Altaris
reserves the right, at its sole discretion, to change, modify,
add or remove portions of these Terms of Use, at any time. It
is your responsibility to check these Terms of Use for changes.
Your continued use of the Site following the posting of changes
will mean that you accept and agree to the changes.
1. OWNERSHIP AND RESTRICTED USE OF SITE
All text, graphics, interfaces, photographs, trademarks, logos,
sounds, music, artwork and computer code, including but not
limited to the design, structure, selection, coordination,
expression, “look and feel” and arrangement of
the foregoing, contained on the Site (collectively, the “Materials”)
are owned, controlled or licensed by or to Altaris, and are
protected by trade dress, copyright, patent and trademark laws,
and various other intellectual property rights and unfair competition
laws. Except as expressly provided in these Terms of Use, no
part of the Site, including without limitation, the Materials,
may be copied, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted or distributed in any way
to any other computer, server, web site or other medium for
publication or distribution or for any public or commercial
enterprise, without Altaris’s express prior written consent.
You agree not to: (i) violate Altaris’s rights or the
rights of any third party who may contribute Materials, data
or information to the Site; (ii) attempt to gain unauthorized
access to any Material, other accounts, computer systems or
networks connected to any Altaris server or to any part of
the Site, through hacking, password mining or any other means;
(iii) use the Materials, the Site, or any data or information
contained therein for any unlawful purpose; (iv) obtain or
attempt to obtain any materials or information through any
means not intentionally made available through the Site; or
(v) interrupt, or attempt to interrupt, the operation of the
Site in any way. Without the prior express written permission
of Altaris, you MAY NOT do any of the following: (A) hyperlink
to the Site, whether to its homepage or to an interior page;
(B) include information from the Site on another site, on a
server computer, or in documents; or (C) modify the information
from the Site. All rights not expressly granted herein are
expressly reserved by Altaris. Altaris does not represent or
warrant that use of the Materials or the Site will not infringe
the rights of third parties. Material subject to rights owned
by a third party may not be used in any form and may not be
copied or downloaded without permission from such third party.
If you fail to comply with these Terms of Use, you agree that
Altaris may, in its sole discretion and without prior notice,
terminate your access to the Site and/or block your future
access to the Site.
Altaris grants you a limited license to access and make use
of the Site. For your personal use only, you may print copies
of the information from the Site and you may store information
from the Site on your own computer. You may not modify the Site,
the Materials, or any portion thereof, for any reason. Any unauthorized
use terminates the permission or limited license granted by Altaris.
2. LINKS TO THIRD PARTY SITES
Links that may be contained within the Site will allow you to
leave the Site and access the web sites of third parties. The
linked web sites are not under the control of Altaris or its
affiliates, or its or their equity holders, members, directors,
officers, employees or agents (collectively, the “Altaris
Group”). None of the members of the Altaris Group are
responsible for the contents (including, without limitation,
viruses, worms, Trojan horses or other destructive elements)
of any linked web site or any link contained in a linked web
site, or any changes or updates to such web sites. Altaris
is providing these links to you only as a convenience, and
the inclusion of any link does not imply that any member of
the Altaris Group endorses or is affiliated or associated with,
the linked web sites. You will need to make your own independent
judgment regarding your interaction with these linked sites.
3. DISCLAIMERS
While Altaris makes all reasonable efforts to help ensure that
all material on the Site is correct, accuracy cannot be guaranteed
and Altaris makes no warranties or representations as to the accuracy
of the Site. ALTARIS DOES NOT PROMISE THAT
THE SITE OR ANY CONTENT, SERVICE, MATERIAL OR FEATURE OF THE SITE
WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE
CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.
THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT
NOTICE. ALTARIS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU
DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION OR
DESTRUCTIVE FEATURES. ALTARIS DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT
TO THE SITE. ALTARIS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS,
OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR
RELATED TO YOUR USE OF THE SITE AND/OR ANY MATERIALS. YOU ASSUME
TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
YOUR SOLE REMEDY AGAINST ALTARIS FOR DISSATISFACTION WITH THE SITE
OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS
LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES
4. SCOPE OF DISCLAIMER
The above disclaimer applies to any damages, liability or injuries
caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer
virus, communication line failure, theft, destruction, unauthorized
access, alteration, or use related to the Site, whether a
claim therefor is for breach of contract, tort, negligence
or any other cause of action.
5. TERMINATION
You acknowledge and agree that Altaris may terminate your access
to the Site should you fail to comply with the Terms of Use
or any other guidelines and rules published by Altaris. Any
such termination shall be in Altaris’s sole discretion
and may occur without prior notice, or any notice. Altaris
further reserves the right to terminate any user’s access
to the Site for any conduct that Altaris, in its sole discretion,
believes (A) is or may be directly or indirectly harmful to
other users, to Altaris or its affiliates or business contractors,
or to other third parties or (B) violates any local, state,
federal, or foreign laws or regulations.
6. INDEMNIFICATION
You agree to indemnify, hold harmless and, at Altaris’s
sole option, defend, Altaris and its affiliates, and its and
their officers, directors, shareholders, equity holders, members,
predecessors, successors in interest, employees, and agents and
shall pay all losses, damages, expenses and costs (including
reasonable attorneys’ fees) incurred by any of the foregoing
based upon any claim or action due to, arising out of or in connection
with: (i) your breach of any of these Terms of Use; (ii) your
use of the Site; or (iii) your use of the Materials. Altaris
shall have the option to participate in such defense or settlement
negotiation and may, at its own expense, obtain counsel of its
choosing.
7. LIMITATION OF LIABILITY
In no event will Altaris be liable to you for any direct, indirect,
consequential, exemplary, incidental or punitive damages, including
lost profits, even if Altaris has been advised of the possibility
of such damages. Some jurisdictions do not allow limitations
of liability, so the foregoing limitation may not apply to
you.
8. REMEDIES
You agree that any violation by you of these Terms of Use will
constitute an unlawful and unfair business practice, and will
cause irreparable harm to Altaris, for which monetary damages
would be inadequate, and you consent to Altaris obtaining any
injunctive or equitable relief that Altaris deems necessary
or appropriate in such circumstances. These remedies are in
addition to any other remedies Altaris may have at law or in
equity.
9. APPLICABLE LAW AND JURISDICTION
By visiting the Site, you agree that the laws of the State of
Delaware, without regard to principles of conflict of laws,
will govern these Terms of Use and any dispute of any sort
that may arise between you and Altaris. You hereby consent
to the jurisdiction of the federal and state courts in Delaware
for the purpose of resolving any dispute in connection with
your visit to the Site. Altaris may seek injunctive or other
appropriate relief in any state or federal court in the State
of Delaware, and you consent to exclusive jurisdiction and
venue in such court. [NOTE: Please confirm governing law and
jurisdiction are desirable for Altaris.]
10. USER SUBMISSIONS
By entering the Site you acknowledge and agree that any communication
or material you transmit to the Site or Altaris, in any manner
and for any reason, will not be treated as confidential or
proprietary. Furthermore, you acknowledge and agree that any
materials you transmit to Altaris may be used by Altaris, anywhere,
anytime, and for any reason whatsoever.
11. PRIVACY POLICY
Altaris does not collect any personally identifiable information
such as IP address, domain name, webpage, the length of time
spent on the Site, or the pages accessed while visiting the
Site. The information-gathering technology referred to as “cookies” will
not be used in connection with the Site. The only information
that Altaris collects is that which is voluntarily submitted
by users. By using the Site you hereby understand and consent
to the transfer of any data submitted by you to Altaris.
12. SEVERABILITY
If any of the Terms of Use shall be deemed invalid, void, or
for any reason unenforceable, such condition shall be deemed
severable and shall not affect the validity and enforceability
of any of the remaining Terms of Use.
13. ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between Altaris
and you with respect to your use of the Site. Neither course
of conduct nor usage of trade shall act to modify or alter
these Terms of Use.
.
|