Disclosures
PLEASE READ THESE DISCLOSURES AND TERMS AND CONDITIONS (“TERMS OF USE”) CAREFULLY. BY ACCESSING OR VIEWING THE HILLMAN COMPANY’S WEBSITE, [HTTPS://HILLMANCOMPANY.COM] (“WEBSITE”) AND ANY PAGES, OR ONLINE FUNCTIONALITY THEREOF, YOU/USER AGREE TO BE BOUND BY THE TERMS OF USE. THE HILLMAN COMPANY (“THE HILLMAN COMPANY”) EXPRESSLY RESERVES THE RIGHT TO MODIFY THESE TERMS OF USE AND/OR THE WEBSITE AT ANY TIME. IT IS YOUR RESPONSIBILITY TO REVIEW THE TERMS OF USE FOR PERIODIC UPDATES AND YOUR CONTINUED USE OF THIS WEBSITE SHALL CONCLUSIVELY CONSTITUTE YOUR ACCEPTANCE OF THE TERMS OF USE AND ANY MODIFICATIONS THEREOF. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS THIS WEBSITE, OR ANY ONLINE FUNCTIONALITY AND PAGES THEREOF. BY ACCESSING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE REVIEWED, AND AGREE TO BE BOUND BY, THE HILLMAN COMPANY’S PRIVACY NOTICE AND ALL POLICIES DESCRIBED THEREIN. IN ADDITION, THE HILLMAN COMPANY’S PRIVACY NOTICE AND DATA PROTECTION PRACTICES ARE AVAILABLE BY CLICKING TO OUR PRIVACY POLICY PAGE.
Your access to and use of the Website is subject to these Terms of Use and all applicable laws and regulations. The Terms of Use constitute a legal agreement between you and The Hillman Company. The Website is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. The Website is not intended for or marketed for use by minors. By accessing the Website, you acknowledge that you have read these Terms of Use, including The Hillman Company Privacy Notice, understand them, and agree to be bound hereby.
NO SECURITIES OFFERING OR INVESTMENT ADVICE
The Hillman Company is a fully integrated family office and investment holding company owned by the Hillman family. The Hillman Company provides investment advisory and other services solely to its wholly-owned subsidiary, Wilmington Investments, Inc., Hillman family members, a number of Hillman family trusts, and a private philanthropic foundation established by Hillman family members (collectively, “Hillman Associates”). The Website is intended solely to provide general information (the “Information”) about The Hillman Company, its mission, and its people. The Hillman Company does not solicit or make its services available to the general public. The Information is not intended as, and does not constitute, investment advice, an offer of investment, legal or tax advice, an offer to sell any securities to any person, or a solicitation of any person of any offer to purchase any securities. The services that are offered exclusively to Hillman Associates, like advice related to private funds or other private investments that are sponsored, managed, recommended and/or advised by The Hillman Company, are not offered through the Website. The Information and any references to funds, securities and the like, should not be construed as The Hillman Company’s endorsement, recommendation or sponsorship of any company or security.
INTELLECTUAL PROPERTY RIGHTS
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website (collectively, “Website Content”), are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights to which The Hillman Company or its licensors retain all right, title and interest. The copying, redistribution, use or publication by you of any Website Content or any part of the Website, except as specifically allowed by these Terms of Use, is strictly prohibited. Use of any trademark, or service mark displayed without the express written consent of The Hillman Company is strictly prohibited. You do not acquire ownership rights to any materials viewed through the Website. The posting of Information or Website Content and materials on the Website does not constitute a waiver or any right in such information and materials. Some of the content on the Website may be the copyrighted work of third parties. The Hillman Company reserves all rights with respect to the ownership of all materials provided on this Website.
LIMITED LICENSE; PERMITTED USES
Subject to the terms and conditions of these Terms of Use, you are granted a non-exclusive, non-transferable, revocable limited license (a) to access and use the Website solely in accordance with these Terms of Use; (b) to use the Website solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Website solely for internal, personal, non-commercial purposes and provided that you maintain and observe all copyright and other rights contained therein. No print out or electronic version of any part of the Website or its contents may be used by you in any way other than for your personal, non-commercial use; provided, however, that if you are required by a court of law or other judicial process to disclose any Contents and Materials (as defined below), you agree to notify The Hillman Company of the disclosure request promptly with respect to the disclosure required.
RESTRICTIONS AND PROHIBITIONS ON USE
Your limited license for access and use of the Website and any Website Content is subject to the following restrictions and prohibitions on use: you may not (a) copy, print (except for the express limited purpose permitted by these Terms of Use above), publish or republish, display, post, download, upload, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website or any Website Content retrieved therefrom; (b) use the Website or any Website Content obtained from the Website to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resources (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Website Content from the Website; (d) use any Website Content from the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of The Hillman Company or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Website; (f) make any portion of the Website available through any timesharing system, service bureau, the internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Website software or use any network monitoring or discovery software to determine the Website architecture; (h) use any automatic or manual process to harvest information from the Website, except that The Hillman Company grants the operators of web search engines permission to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials; (i) use the Website for the purpose of gathering information from the Website for or transmitting (1) unsolicited commercial e-mail to The Hillman Company, Hillman Associates, and third parties; (2) e-mail that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3 ) unsolicited telephone calls or facsimile transmissions to The Hillman Company, Hillman Associates, and third parties; (j) use the Website in a manner that violates any state or federal law, including without limitation laws regulating e-mail, facsimile transmission or telephone solicitations; and (k) export or re-export the Website or any portion thereof, or any software available on or through the Website, in violation of the export control laws or regulations of the United States. The Hillman Company reserves the right to terminate these Terms of Use with or without notice for any or no reason, or for your violation of any provision of these Terms of Use, and to modify or discontinue, temporarily or permanently, all or any portion of the Website or services at any time without liability to The Hillman Company.
ERRORS, CORRECTIONS AND CHANGES
The Hillman Company does not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. The Hillman Company does not represent or warrant that the information available on or through the Website will be correct, accurate, timely or otherwise reliable. The Hillman Company may make changes to the features, functionality, or content of the Website at any time. The Hillman Company reserves the right in its sole discretion to edit or delete any of the Website Content appearing on the Website.
THIRD-PARTY CONTENT
Third party content may appear on the Website or may be accessible via links from the Website. The Hillman Company is not responsible for and assumes no liability for any third-party content. You understand that the information and opinions in the third-party content represent solely the thoughts of others and is neither endorsed by nor does it necessarily reflect The Hillman Company’s belief.
UNLAWFUL ACTIVITY
The Hillman Company reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action it deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, IP addresses, and website traffic information.
INDEMNIFICATION
You agree to indemnify, defend and hold The Hillman Company and its respective officers, directors, employees, agents, partners, representatives, attorneys, subcontractors, successors, and assigns, including but not limited to Hillman Associates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of these Terms of Use, the Privacy Notice, your use of the Website, or any of your other acts or omissions.
NO WARRANTY
The information and content from or through the Website are provided “as-is”, “as available”, with “all faults”, and all warranties, express or implied, are explicitly disclaimed (including but not limited to the disclaimer of any implied warranties of noninfringement, merchantability and fitness for a particular purpose). The Website Content and Website may contain bugs, errors, problems or other limitations, including computer viruses.
The negation and limitation of damages and responsibility set forth above and in the Limitation of Liability section below are fundamental elements of the basis of the bargained for exchange between The Hillman Company and you. This Website and the information presented would not be provided without such limitation. No advice or information, whether oral or written, obtained by you from The Hillman Company through the Website, Website Content, online functionality, or otherwise shall create any warranty, representation or guarantee not expressly stated in these Terms of Use.
LIMITATION OF LIABILITY
Except where prohibited by law, The Hillman Company and its Affiliated Parties, shall not be liable for any loss, cost, injury, claim, liability, or damage of any kind, including but not limited to any indirect, special, incidental, consequential or punitive damages, resulting in any way from (i) any errors in or omissions from the Website or information obtained, (ii) the unavailability or interruption of the Website or any features thereof, (iii) your use of the Website, (iv) your loss of business, loss of data, loss of profits, loss of opportunities, litigation, or the like resulting from your use of the Website; (v) the Website Content, (vi) any delay or failure in performance beyond the control of an Affiliated Party, and/or (vii) any viruses or other harmful components that may infect or cause services, repairs or corrections required on your server, computer or other property on account of the access or use of this Website. This limitation applies whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. You assume total responsibility for your use of the Website. Your sole remedy against The Hillman Company and its Affiliated Parties for dissatisfaction with the Website or any content therein is to stop using the Website or any such content.
LINKS TO OTHER SITES
The Website may contain links to other websites. The Hillman Company is not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by The Hillman Company. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by The Hillman Company. If you decide to leave the Website and access these third-party sites, you do so at your own risk, and we recommend that you review third party sites’ terms of use and privacy policy.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations, as applicable, related to your use of the Website and the Website Content provided therein.
MISCELLANEOUS
These Terms of Use shall be treated as though it were executed and performed in Pittsburgh, Pennsylvania, and shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania (without regard to conflict of law principles). Any cause of action by you with respect to the Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred.All actions shall be subject to the limitations set forth in these Terms of Use. The language herein shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting these Terms of Use. These Terms of Use and any rights granted hereunder may not be transferred or assigned by you, but may be assigned by The Hillman Company without restriction. The headings herein are included for convenience only and shall neither affect the construction or interpretation of any provision of these Terms of Use nor affect any of the rights or obligations of the parties to these Terms of Use. Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision, and The Hillman Company’s failure to assert any right under these Terms of Use shall not constitute a waiver of such right. You agree and understand that we reserve the right to change these terms of Use from time to time and without further notice, so please check them periodically. The Hillman Company’s rights hereunder shall survive any termination of these Terms of Use.