Terms of Use
Effective Date: February 21, 2019
Rosemark (hereinafter, “our company” or “we” or “us”) operates this website (hereinafter, the “Site”) to provide information about our company, our investment strategy and portfolio, industry news, etc. By using the Site, you accept and agree to be bound by these Terms of Use as well as our Privacy Policy which is incorporated herein by reference. If you do not agree with any provision of these Terms of Use or our Privacy Policy, please do not use the Site.
IMPORTANT NOTICE TO ALL USERS:
- The Site, including all information and material provided on the Site, is for general information purposes only. Nothing on the Site constitutes (nor should be construed or relied upon as) investment advice or an offer to sell or a solicitation of an offer to buy any securities, services or products. All capital investments are inherently risky, and past performance is not necessarily indicative, or a guarantee, of future results.
- Certain information and material on the Site may contain or constitute “forward-looking” statements, such as information and material that describes or discusses predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions, or future events or performances. Forward looking statements may be identified through the use of words such as “believe”, “expect”, “anticipate”, “estimate”, “predict”, “forecast”, “foresee”, or words of similar importance or meaning, or by statements indicating certain situations or actions “may”, “might”, “could” or “should” occur. Forward-looking statements reflect assumptions which may or may not prove to be correct or accurate, and are subject to risks and uncertainties that are beyond our control and which may cause actual results and events to differ significantly from those presently anticipated. Accordingly, no forward-looking statement constitutes (nor should be construed or relied upon as) a guarantee or promise of any future result or event, and we do not represent or warrant that any forward-looking statement will be achieved or realized. We also undertake no obligation or responsibility to update, revise or supplement any forward-looking statement to reflect subsequently occurring events or to reflect unanticipated developments.
Changes and Updates
We may change and update these Terms of Use from time to time in our sole discretion. By continuing to use the Site after such notice, you agree to be bound by these Terms of Use as changed/updated.
Intellectual Property
Other than stock photos/images licensed from third parties, all material appearing on the Site, including, without limitation, text, photos, images, graphics, artworks, videos and audios, as well as all layout design and look-and-feel elements of the Site (hereinafter, collectively, “Site Content”), are the property of our company and/or our affiliates, and are protected by U.S. and international copyright and other intellectual property laws. Subject to your compliance with these Terms of Use and applicable laws, we grant you a revocable, conditional and limited license to access and use the Site and Site Content for your own informational and internal use only. This license is personal to you and is not transferable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms of Use or any applicable law). Any unauthorized use, copying, reproduction or distribution of the Site Content is strictly prohibited and may result in civil and/or criminal liabilities. We reserve all rights not expressly granted herein.
The “Rosemark” name and logo are the trademarks of our company and are protected by U.S. federal and state laws. Except as specifically permitted by applicable laws, any unauthorized use of our company’s trademarks is strictly prohibited and may give rise to civil and/or criminal liabilities.
Third-party trademarks appearing on the Site (including the trademarks of our portfolio companies) are the property of their respective owners.
User-Submitted Material
Other than your personal information (which will be governed by our Privacy Policy), if you submit any information, data, idea, proposal, suggestion, recommendation, comment, or other material to our company via the Site, and absent a written agreement signed by you and our company that expressly states otherwise, you acknowledge and agree as follows:
- Your submission is completely voluntary and is made without any condition of compensation, credit, attribution, secrecy or confidentiality. No contractual, fiduciary or confidential relationship of any kind (whether express or implied) is created between you and our company by reason of your submission. Your submission is not returnable and may be retained indefinitely by our company and our affiliates, successors and assigns.
- You represent and warrant that your submitted material does not contain another’s confidential or proprietary information and does not violate another’s intellectual property or other proprietary right, or any applicable law.
- We and our affiliates, successors and assigns will be free, without any obligation or restriction, to use your submitted material, in whole or in part, for any and all purposes related to our and/or their businesses (including, without limitation, market research, business development, investments, sales and marketing), throughout the world and in perpetuity.
Username and Password
The Site may include areas access to which is restricted to users who have been provided with a username and password (hereinafter, “Login”). Each such user is responsible for keeping his/her Login safe and secure. Login should not be transferred to or shared with others without the express written permission of our company. Unauthorized transfer or sharing of one’s Login may result in immediate suspension or termination of that user’s access privilege. Please notify us immediately if your Login has been lost or stolen, or if you believe the security of your Login has been compromised in any way.
Reservation of Rights
We reserve the right at any time, in our sole discretion, with or without notice, and without liability to you or other users, to: (i) modify, suspend, remove or terminate the Site or any Site Content, in whole or in part; (ii) restrict, limit, suspend or terminate any user’s access to the Site or any Site Content; (iii) monitor user activities on the Site to verify and ensure user compliance with these Terms of Use and any applicable law; and (iv) investigate any suspected or alleged violation of these Terms of Use or any applicable law and cooperate with authorities in such investigation.
Prohibited Use
Any unlawful, abusive, or unauthorized use of the Site or Site Content is strictly prohibited. Without limitation to the generality of the foregoing, you may not:
- use the Site or any Site Content in violation of these Terms of Use or any applicable law;
- make, display, perform, publish or distribute copies or derivative works of the Site or any Site Content, unless expressly permitted in writing by our company or by applicable law;
- remove, conceal, alter, or otherwise tamper with any copyright, author/source attribution, trademark, or other legal notices that appear on the Site or are included or embedded in any Site Content;
- interfere in any way with the operation of the Site or any server, network or system associated with the Site, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Site or any server, network or system associated with the Site; breaching or circumventing firewall, encryption, security or authentication routines; or accessing data or information not intended for you;
- use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the Site or any server, network or system associated with the Site, or to extract, collect, harvest or gather content from the Site; or
- frame or otherwise create a browser or border environment around any page or content of the Site.
Links to Third-Party Websites
For our users’ convenience, the Site may contain links to third-party websites. Such linked third-party sites are neither owned, controlled or operated by, nor affiliated with, our company. Accordingly, we assume no responsibility for such linked third-party sites or for their content, products, services, views, opinions, policies or activities, and the inclusion of any link or reference to such third-party sites does not constitute or imply our company’s endorsement, sponsorship or approval of such third-party sites or their content, products, services, views, opinions, policies or activities.
Linking to Our Site
You may link to the Site, provided that: (i) your website does not contain material that is pornographic, obscene, vulgar, profane, defamatory, libelous, hateful, threatening, harassing, discriminatory, or unlawful; or that constitutes, promotes, solicits or aids crimes or illegal activities; or that constitutes, contains, promotes, or links to fake offers, scams, phishing schemes, or other fraudulent schemes (such as pyramid schemes and ponzi schemes); or that contains, promotes, or links to viruses, worms, Trojan horses, spyware, malware, ransomware, or other malicious, harmful or disruptive code or material; or that infringes, misappropriates or violates another’s intellectual property or other proprietary right; or that otherwise violates any applicable law or regulation; (ii) you do not misrepresent or falsely suggest that your website or any of your content, products, services, views, opinions, policies or activities, is endorsed, sponsored or approved by, or is otherwise affiliated with, our company; and (iii) you do not publish false, misleading or inaccurate information about, or otherwise disparage, our company or the Site.
General Disclaimers
THE SITE AND ALL SITE CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ALL SITE CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT: (I) THE SITE AND ALL SITE CONTENT WILL BE ERROR-FREE, ACCURATE OR UP TO DATE, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECT OR ERROR ON THE SITE OR IN ANY SITE CONTENT WILL BE CORRECTED; OR (III) THE SITE AND ALL SITE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL OUR COMPANY OR ANY OF OUR PARTNERS, MEMBERS, PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS OR CONSULTANTS BE LIABLE TO YOU, WHETHER UNDER A THEORY OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, OR LOSS OF DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO THE SITE OR ANY SITE CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
User Indemnification
You agree to indemnify and hold harmless our company and our affiliates, successors and assigns from and against any third-party claim (including all liabilities, damages, losses, costs and expenses associated therewith) arising out of or in connection with (i) your use or misuse of the Site or any Site Content, or (ii) your violation of these Terms of Use or any applicable law.
Governing Law
These Terms of Use are governed by and shall be construed in accordance with the laws of the State of New Jersey (without giving effect to the conflict of laws provisions thereof).
Miscellaneous
If any provision contained in these Terms of Use is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified in such manner as to render such provision valid, legal, and enforceable to the fullest extent permitted by law in such jurisdiction, and the remaining provisions contained in these Terms of Use shall not be affected and shall remain in full force and effect. A failure by our company to exercise or enforce any right or provision under these Terms of Use does not constitute a waiver of such right or provision. A waiver of any right or provision under these Terms of Use will only be effective if it is in writing and signed by us.
