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Legal Disclaimer/Terms of Use

Terms Of Use

These “Terms of Use” set forth the terms and conditions under which you may access and use the Website. If you do not agree to these terms of use, you may not use this Website. Hamlin may change the Terms of Use from time to time, so we encourage you to review our Terms of Use whenever you use the Website to make sure you understand how you may use the Website. Your continued use of the Website following the posting of changes to the Terms of Use will signify your acceptance of the then current Terms of Use. The Terms of Use will include the date we last updated the Terms of Use.

Use Of The Website

You agree and acknowledge that the Website and the content, including but not limited to graphics and information, provided on the Website (the “Web Content”), is the sole and exclusive intellectual property of Hamlin or is licensed by Hamlin and shall not be copied, reproduced, displayed, sold or otherwise distributed without the express prior written consent of Hamlin, provided you may print a single copy of the Website Content solely for your personal, non-commercial use. Hamlin hereby grants you a license to access and use the Website and the Website Content in accordance with the terms and conditions of these Terms of Use.

Representations & Warranties

  • (a) Disclaimer of Warranties: THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HAMLIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HAMLIN MAKES NO WARRANTY THAT (i) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OBTAINED FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.
  • (b) Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL HAMLIN, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT HAMLIN IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM HAMLIN OR ITS SUBSIDIARIES AND AFFILIATES. NOTWITHSTANDING THE FOREGOING, ANY LIABILITY RESULTING FROM YOUR USE OF THE WEBSITE SHALL BE LIMITED TO ONE HUNDRED DOLLARS, IN THE AGGREGATE FOR ALL CLAIMS.
  • (c) Exclusions and Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.

Privacy

The Privacy Policy contains additional information about how your information (including information that will not be publicly viewable) will and will not be used.

Client Access

The password-protected website may only be accessed by those who are qualified as to both suitability and net worth and with whom Hamlin has a preexisting relationship. Hamlin intends that this web site will be viewed by persons for informational purposes only. The information contained in this website does not constitute an offer to sell or the solicitation of an offer to purchase any security or investment product. Any such offer or solicitation may only be made by means of delivery of an approved confidential offering memorandum.

Warning Against Hackers

It is possible that other users or unauthorized “hackers” may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such materials. It may also be possible for other users or “hackers” to obtain personal information about you. By using the Website, you assume the risk of such occurrences.

Cross Border Prohibition

The services and products described on this website is intended to be made available only to persons in the United States, and the information on this website is only for such persons. Nothing on this website shall be considered a solicitation to buy or an offer to sell a security to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the securities laws of such jurisdiction.

Miscellaneous Terms

By accessing the Website, you agree that the laws of the State of New York, without regard to principles or conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Hamlin or its affiliates. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. The failure by either you or Hamlin to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision. All provisions in these Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Use.

Contacting Hamlin Capital Management, LLC

You may contact us if you any questions about the Terms of Use, the practices of this Website, or your dealings with the Website by sending an e-mail to Deborah A. Finegan, Chief Operating Officer, at dfinegan@hamlincm.com.