Terms of Use

The information contained on this website is made available by or on behalf of Hilton Capital Management LLC and certain of its affiliates (collectively “HCM”) for informational purposes.

 

Cautionary Statement Regarding Forward-Looking Statements

The information herein contains “forward-looking statements.” Specific forward-looking statements can be identified by the fact that they do not relate strictly to historical or current facts and include, without limitation, words such as “may,” “will,” “expects,” “believes,” “anticipates,” “plans,” “estimates,” “projects,” “targets,” “forecasts,” “seeks,” “could” or the negative of such terms or other variations on such terms or comparable terminology. Similarly, statements that describe our objectives, plans or goals are forward-looking. These statements are not guarantees of future performance and involve risks, uncertainties, assumptions and other factors that are difficult to predict and that could cause actual results to differ materially. Accordingly, you should not rely upon forward-looking statements as a prediction of actual results and actual results may vary materially from what is expressed in or indicated by the forward-looking statements.

 

Terms of Use of Website

By entering our website, you acknowledge your understanding of, accept, without limitation or qualification, and agree to be bound by, the Terms of Use herein and all applicable laws. These Terms of Use constitute a binding agreement between you and HCM and govern your access to and use of our website. HCM may add to, change or remove any part of these Terms of Use at any time or from time to time, without notice, and any such modifications will be effective immediately upon posting.

This Terms of Use and any additional terms posted on this website constitute the entire agreement between HCM and you with respect to your use of this website. The failure of HCM to enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.  If any part of these Terms of Use is held invalid or unenforceable by a court of competent jurisdiction, that part of the Terms of Use will be deemed modified to the extent necessary to make it effective and the remaining provisions of this Terms of Use will remain in full force and effect.

 

Disclaimer Regarding Materials

These materials do not have regard to the specific investment objective, financial situation, suitability, or the particular need of any specific person who may receive these materials, and should not be taken as advice on the merits of any investment decision. The views expressed herein represent the opinions of HCM, which opinions may change at any time and are based on publicly available information. Opinions expressed herein are current opinions as of the date appearing in these materials only. HCM disclaims any obligation to update the data, information or opinions contained herein except as required by law.

No Offer of Securities

This website and the materials contained herein are not intended to be, nor should they be construed as, an offer to sell or a solicitation of an offer to buy any security. This website and the materials contained herein do not recommend the purchase or sale of any security.  HCM does not render investment advice to anyone unless it has an investment adviser-client relationship with that person evidenced in writing.  You understand and agree that, unless you have an investment adviser-client relationship with HCM evidenced in writing, HCM does not have any investment advisory relationship with you or fiduciary duties to you.

 

Use of Cookies

We may, but have no obligation to, monitor and record activity on our website for any reason or for no reason. This website may use “cookies” which may automatically collect certain information and data. “Cookies” are small pieces of data sent to your computer browser from our web server and stored on your computer's hard drive. The data identifies you as a unique user and facilitates your ongoing access to and use of this website. Cookies also help us diagnose problems with our server.

 

International Use

Due to the global nature of the internet, this website may be accessed by users in countries other than the United States. We make no warranties that materials on this website are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this website, then you should not do so. Those who choose to access this website outside the United States do so at their own initiative and are responsible for compliance with all local laws and regulations.

 

Disclaimer of Warranties

Your use of this website and use of or reliance upon any materials on it is at your own risk. You acknowledge that we provide the contents of this website on an “as is” basis with no warranties of any kind, express or implied, to the fullest extent permissible by law. We disclaim all representations and warranties, express or implied, of any kind with respect to this website, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property and proprietary rights. Without limiting the foregoing, we do not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, speed or delivery of this website or any part of the information contained on this website or that the server that makes this website available is free of viruses or other components that may infect, harm or cause damage to your computer equipment or any other property when you access, browse download from or otherwise use this website.

 

Limitation of Liability; Indemnity

Under no circumstances, including but not limited to HCM negligence, shall HCM or any of our affiliates, agents, partners, members, employees or consultants, including any person or entity involved in creating, producing or distributing this website (collectively, the “Hilton Parties”), have any liability for any damages, liabilities or injuries, including, but not limited to, indirect, incidental, special, punitive or consequential damages, however caused, arising out of or relating to your use of, or inability to use, this website. THE AGGREGATE TOTAL LIABILITY OF THE HILTON PARTIES TO YOU FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES, IN WHICH EVENT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, the Hilton Parties liability is limited to the greatest extent permitted by law. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE HILTON PARTIES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES, ARISING FROM OR RELATED TO ANY BREACH BY YOU OF ANY OF THE TERMS OF USE OR APPLICABLE LAW, INCLUDING THOSE REGARDING INTELLECTUAL PROPERTY.

 

Intellectual Property

All content included on this website is the property of HCM and is protected by law. All trademarks, service marks and logos displayed on this website or included in the content posted on this website are the property of their respective owners. Nothing on this website shall be interpreted as granting, by implication or otherwise, any license or right to use any image, trademark, logo or service mark. Copying or downloading material from this website does not transfer title to any material on this website to you. HCM reserves all rights with respect to ownership of its trademarks and logos on this website and with respect to copyright ownership of all material on this website and will enforce such rights to the full extent of the law.

 

Governing Law

This Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without reference to its conflicts of laws principles.