Effective: November 1, 2019
Thanks for visiting us our website. Please read these terms carefully so that you understand them. This website does not constitute an offer or solicitation to sell securities.
On our Website, you have the option to communicate with us by clicking on the “Contact Us” link or by providing information related to special events sponsored by us. By entering your name, email address, and personal message on our form, and providing any other requested information, you agree that we may contact you electronically or in any other manner about updates, promotions, events, and other marketing information. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing. Your name and email address, along with other elements that can be used to identify you, constitute your Personal Information.
This Website Does Not Provide Professional Advice
The Website is used for reference and informational purposes only and is not intended to provide professional advice. You agree that accessing our Website does not create a professional or business relationship with you.
You agree that you will not attempt to interrupt the operation of the Website in any way. You will not impersonate any person or entity, or misrepresent your affiliation with a person or entity, or misrepresent the origin of any information that you provide to us. You agree that your use of the Website will at all times be for a lawful purpose and you agree to comply with all applicable laws and regulations in your use of the Website. Possible evidence of use of the Website for illegal purposes may be provided to law enforcement authorities.
You also agree you will not:
- Use any robot, spider, scraper, or other automated data extraction tool or program to access, acquire, copy or monitor the Website;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism to navigate or search the Website, other than the search engines generally available (such as Google);
- Upload or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website;
- Attempt to gain an unauthorized access to any portion of the Website, use the Website for any unlawful purpose, or otherwise interfere or disrupt the Website;
- Use the Website for any commercial purpose; or
- Remove or obscure any proprietary information on the Website.
The Website contains images, graphics, frames, logos, text, code, and other various elements that are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You acknowledge that the Website and any content on it is and will remain our property or the property of our licensors. You agree to comply with all intellectual property laws, and you will not encumber any interest in, or assert any rights to, the Website. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on the Website, in whole or in part.
The Website provides a link for investors to a third-party data room and may also provide links to other third-party websites. Topaz Capital Group LLC’s decision to link to a third-party website is not an endorsement of the content, products or services in the third-party website. We do not control these third-party websites and expressly disclaim any responsibility for the content, the accuracy of the information and any products or services available on the third-party websites. We have not investigated or monitored the third-party websites for accuracy or completeness. The third-party websites may have different privacy policies and security standards than our Website.
Topaz Capital Group LLC makes every attempt to protect your privacy related to the Website. TCG maintains appropriate administrative and technical controls to safeguard the security and privacy of your Personal Information.
TCG reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting TCG’s defense of such matter.
Disclaimer of Warranties
USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS, OR SERVICES CONTAINED ON OR PROVIDED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS. TCG RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO CORRECT ANY ERROR OR OMISSIONS IN ANY PORTION OF OUR WEBSITE, WITH OR WITHOUT NOTICE TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TCG DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THESE INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU UNDERSTAND THAT TCG CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE WEBSITE WILL BE FREE OF VIRUSES, MALWARE, OR OTHER DESTRUCTIVE CODE. TCG WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR SMART PHONE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, TCG MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL TCG BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF GOODWILL, LOSS OF USE, EMOTIONAL DISTRESS, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE WEBSITE. TCG WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
TO THE EXTENT ANY OF THE ABOVE LIMITATIONS OF LIABILITY ARE RESTRICTED BY APPLICABLE FEDERAL, STATE, OR LOCAL LAW, SUCH LIMITATIONS WILL NOT APPLY TO THE EXTENT OF SUCH RESTRICTIONS.