Terms of Use and Privacy Policy

The following Terms of Use and Privacy Policy set forth the terms of use governing this website (“Website”) and the privacy practices in respect of this Website for Highmount Capital Management, LLC and its affiliates (collectively, “Highmount”).  The Terms of Use and Privacy Policy collectively set out your obligations and ours concerning your use of the Website and, by accessing or using the Website, you are acknowledging that you have read, understand, and agree without limitation or qualification to be bound by these Terms of Use and Privacy Policy.

To the extent permitted by applicable law, we may change, add, or remove any part of the Terms of Use or Privacy Policy from time to time to address new issues, reflect changes on our Website, in response to legal or regulatory changes, or for any other reason.  Any such changes will be reflected in a revised Terms of Use or Privacy Policy, as applicable.  By continuing to use this Website after such revised Terms of Use or Privacy Policy is posted, you are indicating your acceptance of such changes.  If you do not agree to abide by these terms and conditions, please exit this Website immediately.

All material on this Website is information of a general nature and does not address the circumstances of any particular individual or entity.  Nothing on this Website constitutes professional and/or financial advice, nor does any information on this site constitute a comprehensive or complete statement of the matters discussed or the law relating thereto.  No action should be taken or omitted to be taken in reliance upon information on this Website.  Advice from a suitably qualified professional should always be sought concerning any particular matter or circumstance.

BY USING THIS WEBSITE, YOU CONSENT TO OUR USING ANY INFORMATION THAT YOU PROVIDE TO US OR THAT WE COLLECT, IN ACCORDANCE WITH THESE TERMS OF USE AND PRIVACY POLICY.

Restrictions on Use and No Offer or Advice

The confidential material contained in this Website is intended only for financially sophisticated investors and is solely provided for their private and lawful use.  The material contained in this Website does not constitute any offer or sale or any form of general solicitation or general advertising of any securities, nor should it or any part of it form the basis of, or be relied upon in any connection with, any contract or commitment.  Highmount does not offer investment advisory services to the general public.  

Highmount provides no advice or recommendations concerning the use of this Website, and the information and content contained herein do not constitute a recommendation or solicitation to purchase or sell any security or make any type of investment or financial decision, nor do the contents of this Website constitute legal, tax, or accounting advice or advice regarding the suitability or profitability of any transaction or investment, except as expressly set forth herein.

While Highmount seeks to provide accurate, complete, and current information on the Website, we cannot and do not guarantee the accuracy, validity, timeliness, or completeness of any information or data made available to you for any particular purpose.

Ownership of Content

All text, images, graphics, sounds and software code (“Content”) on this Website are copyrighted property of Highmount under U.S. copyright law or others.  The Content may only be used for the personal education of visitors to the Website and may not be placed in the public domain.  You may not download, reproduce, redistribute, publish, transmit, or otherwise use by electronic or any other means any of the Content without the prior written consent of Highmount.  

Trademarks

Highmount and other marks indicated on the Website are service marks of Highmount.  They may not be used or displayed without the prior written consent of Highmount or used in connection with any product or service that is not Highmount’s.  All other trademarks, service marks, and company names and logos appearing on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Highmount.  All rights are reserved.

Non-United States Visitors

While the Website is controlled and operated from Highmount’s headquarters in the United States of America, the global nature of the Internet results in the potential access to this Website by persons residing outside of the United States.  We make no representations or warranties that the Website is appropriate or available for use in countries outside of the United States.  Visitors who choose to access the Website from outside of the United States do so at their own initiative and are responsible for compliance with all local laws and regulations that may apply to such access.

Disclaimer of Warranties

You expressly acknowledge and agree that:

(a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.  THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HIGHMOUNT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE.

(b) HIGHMOUNT DOES NOT WARRANT OR REPRESENT THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION, SERVICES OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS, (v) THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (vi) ANY ERRORS IN THE SITE WILL BE CORRECTED.

(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR ANY OF THE SERVICES AVAILABLE ON THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Limitation of Liability

Highmount and its officers, agents, partners, and employees shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, resulting from the use or the inability to use the Website and services or resulting from any information or services obtained or messages received or transactions entered into through the Website or resulting from unauthorized access to or alteration of your transmissions of data or Content, including but not limited to damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

If you are dissatisfied with any portion of the site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using this Website.

PRIVACY POLICY

Highmount respects the privacy of all visitors to this Website.  The following Privacy Policy outlines the information that Highmount may collect from visitors to the Website and the usage and disclosure of such information.

Please note that your Internet or other service providers may collect information about or submitted by you while you use this Website or any other website, and the information collection and privacy practices of any other party are not monitored or controlled by Highmount.

Our servers may record usage information, including the websites that you accessed immediately before and after visiting this Website, and the length of time you accessed this Website.  We may record your IP address.  If we use this data in any capacity, it will be on an aggregate basis, and we will not disclose to third parties any personally identifiable information in connection with such use.

This Website may employ cookies or other technology to gather information about its usage to help us improve the content, usability, and functionality of the Website, and to remember certain user attributes.  The majority of commercially available web browsers allow you to erase cookies from your personal computer.

If a visitor to this Website voluntarily submits information, our servers may record and Highmount may use such information, including but not limited to such visitor’s name and email address, for reasonable and legitimate business purposes only. Highmount does not use a visitor’s personally identifiable information for any other purpose without its permission.  Highmount may share information a visitor provides on this Website with any of its affiliates or related companies.  Further, if Highmount is required to make disclosures to a third party, including the government, in connection with a lawsuit, subpoena, investigation, or other proceeding, it may do so.

Highmount maintains physical, electronic, and procedural safeguards that comply with federal standards to safeguard each visitor’s nonpublic personal information, and which Highmount believes are adequate to prevent unauthorized disclosure of such information.

If you have any questions concerning this Privacy Policy, please contact Highmount at contact@highmountcap.com.

APPLICABLE LAW

This Terms of Use and Privacy Policy are governed by and construed in accordance with the laws of the State of Delaware, without regard to any principles of conflicts of law.  You agree that any action at law or in equity that arises out of or relates to any use of the Website will be filed only in the state or federal courts located in the State of Delaware and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.

LINKS TO THIRD-PARTY SITES

This Website may contain links to sites owned and operated by other parties.  We are not responsible for and have no control over the privacy policies of such sites, the information set forth on such sites, or the goods or services available or contained on such sites.  As such, these links are provided solely as a courtesy to our visitors to the Highmount Website.  We encourage you to review the privacy policies of any such sites before providing them with any personal or confidential information.  If you decide to access any of such sites, you do so entirely at your own risk.