Terms & Conditions
Terms and Conditions – DRAFT
Updated: December 7, 2023
Changes to Terms
HEMG reserves the right to discontinue or make changes or updates concerning the Site or the Content of the Site at any time without notice.
Changes to the Site
HEMG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice or consent. HEMG and its affiliates shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to the Site.
Use of The Site
By accessing or using the Site You agree to be bound by these Terms and to use the Site only as permitted by these Terms and not for any unlawful or inappropriate purpose. If You access or use the Site on behalf of a business or individual, You represent that You have the authority to bind that business or individual and Your acceptance of these Terms and Conditions will be treated as acceptance by that business or individual. In that event, You and Your in these Terms will refer to that business or individual. If You do not agree with these Terms and Conditions, You must immediately stop using the Site.
Copyright and Trademark
We invite You to reach out to us if You have difficulty using any aspect of the Site, and We will work with You to provide the information, item, or transaction You seek through a communication method that is accessible to You (for example, through telephone support).
User Age and Access
By submitting information through this Site You represent that You are over the age of
Some Services available on the Site may require You to input solely an email address to receive the benefits of those Services.
Certain Services available on the Site may allow You to distribute materials and information downloaded from the Site to third parties via the third party’s email address. You represent that You have the authority to provide the email addresses of those third parties and that those third parties have agreed to receive such materials and information from Us.
Specific Prohibited Uses
The Site may be used only for lawful purposes by individuals using authorized Services. You are responsible for Your own communications, including the upload, transmission, and posting of information, and are responsible for the consequences of their posting on or through the Site. We specifically prohibit any use of the Site, and require all users to agree not to use the Site, for any of the following:
- Posting any information that is incomplete, false, inaccurate, or not Your own;
- Impersonating another person;
- Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability, or otherwise violate any city, state, national, or international law or regulation or which fails to comply with accepted Internet protocol;
- Posting material that is copyrighted or otherwise owned by a third party unless You are the copyright owner or have the permission of the owner to post it;
- Posting material that reveals trade secrets, unless You own them or have the permission of the owner;
- Posting material that infringes on any other intellectual property, privacy, or publicity right of another;
- Transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of US export control laws;
- Attempting to interfere in any way with the Site’s or Our networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
When using the Site You agree to abide by the following security rules. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
- Accessing data not intended for such user or logging into a server or account which You are not authorized to access;
- Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
DISCLAIMER OF WARRANTIES
HEMG strives to provide accurate and up-to-date material on this Site. However, We make no warranties or representations as to the accuracy or timeliness of the Content on this Site.
YOU UNDERSTAND AND AGREE THAT:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT, OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES, OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE.
WE DO NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. WE ARE NOT A PARTY TO AND DO NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT OUR DIRECT INVOLVEMENT.
Third Party Sites
For Your convenience, We may provide links to Sites belonging to other companies, including Our affiliates. Those Sites are not under Our control. We do not monitor, make any representation with respect to, or assume any liability with respect to any third-party Sites, including, without limitation, for any products or services that are advertised or available for purchase through such third-party Sites. The fact that We have provided a link to such Sites is not to be interpreted as an endorsement of their contents. You will use these links at Your own risk. You shall remain solely responsible for protecting Yourself from viruses and other destructive elements that may be present on those Sites. Please refer to these third-party Sites for their terms and conditions and other policies.
To the fullest extent permitted by applicable law, You agree to indemnify, defend, and hold harmless HEMG, its affiliates, and their respective shareholders, partners, officers, trustees, directors, agents, and representatives from and against all claims, liabilities, damages, costs, and expenses, including attorneys’ fees, arising out of, relating to or in connection with Your use of the Site and the content herein, including, but not limited to, any third party claim that any information or materials You provide infringe any third party proprietary right. This provision does not apply to acts of HEMG.
LIMITATION OF LIABILITY
NEITHER HEMG NOR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THIS SITE OR ANY MATERIAL, OR ANY OTHER Site YOU ACCESS THROUGH A LINK FROM THIS SITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF HEMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST HEMG AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Assignment. You may not assign any of Your rights or obligations under these Terms and without HEMG’s express prior written consent. We may assign Our rights or assign or delegate any of Our obligations under these Terms without restriction. The Terms are to the benefit of Our successors, assigns, and licensees.
Enforceability, Waiver, and Severability. If any provision of these Terms is found illegal or unenforceable, the Terms will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms will not be affected. No delay or failure by us to exercise or enforce any of Our rights under these Terms will act as a waiver of such rights. Each provision of these Terms shall be severable from every other provision hereof to determine the legal enforceability of any specific provision.
Export and International Us; Consent to Processing. The Site is controlled and offered by HEMG from its facilities in the United States of America, and all information is processed within the United States. We make no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Without limiting the generality of the foregoing, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside. By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
Good Faith. You agree to act in good faith concerning each provision of these Terms and Conditions and any dispute that may arise related hereto or thereto.
Governing Law, Jurisdiction and Venue, LIMITATION ON ACTIONS. These Terms shall be governed by and construed per the laws of the State of Maryland, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in The City of Baltimore of the State of Maryland for any claim or action arising out of or relating to these Terms and Conditions or Your use of the Site. You agree that: the Site shall be deemed to be solely based in the State of Maryland; the Site shall be deemed a passive Site that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Maryland; and ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.
Headings. The section headings and subheadings contained in these Terms are included for convenience only and shall not limit or otherwise affect the terms hereof.
Notices. Any notices to Us required to be given in writing under these Terms shall be delivered either by hand, overnight delivery service, or First Class United States mail and shall be prepaid and addressed as follows: Harbor East Management Group 650 S Exeter St Suite 200, Baltimore, MD 21202. Notices to You may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You on the Site.
Survival. All terms of these Terms which by their nature extend beyond the termination of the Terms shall remain in effect for as long as necessary to permit their full discharge and apply to each party’s respective successors and permitted assigns.
If You have any questions concerning these Terms or the Site, please contact Harbor East Management Group at [enter email address of general counsel]
Additional Regulatory Disclosures
While We endeavor to keep the information contained in this Site up to date and correct, We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Site or the information, products or services contained on the Site for any purpose. Any reliance You place on such information is therefore strictly at Your own risk.
The selected certifications, rankings, and awards referenced on this Site are provided for illustrative purposes only and are not indicative of future results. Further, any such references do not constitute and should not be construed as an offering of advisory services an offer to sell, or a solicitation to buy any securities or related financial instruments in any jurisdiction.
The assets identified and described on this Site do not represent all the assets We have purchased or sold. The reader should not assume that an investment in the assets identified was or will be profitable.