1. Acceptance of Terms
By using this website (the “Site”) in any way, including by using, transmitting, or uploading any information, data, or documents (collectively “Information”), you agree to be bound by these Terms. Please note that Townsend may change the Terms from time to time at its sole discretion. When such changes are made, Townsend will make a new copy of the Terms available on the Site. Townsend reserves the right to amend and update the Terms without notice to you. Your continued use of the Site, including the treatment of any Information submitted to Townsend via the Site, is subject to the most current version of the Terms posted on the Site at the time of such use. Please check the Site regularly to view the current Terms.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
Townsend reserves all intellectual property and other proprietary rights in the Site. Townsend grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any listings or descriptions; (c) making derivative uses of the Site or its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Townsend or any third party.
3. Information and Materials Provided on the Site
All information and material provided on the Site is intended to be general in nature, and you should not rely on it in connection with the making of any decision. Townsend endeavors to ensure that all information and materials provided on the Site are correct at the time of inclusion on the Site, but does not guarantee the accuracy of such information and materials at the time of inclusion or any time thereafter. Townsend expressly disclaims liability for any errors or omissions in the information and materials provided on the Site or in any website linked to or from the Site. Townsend is not liable for any action you may take as a result of relying on such information and materials or for any loss or damage suffered by you as a result of you taking any such action.
4. Links to External Websites
The Site may include links to external websites. When you follow such links, the external website may appear as a separate full screen or, in some cases, within a frame of the Site. Linked websites are not under the control of Townsend and Townsend is not responsible for the contents of any linked website, any link contained in a linked website, or any changes or updates to such websites. Townsend is providing these links to you only as a convenience, and the inclusion of any linked website does not imply that Townsend sponsors, licenses, endorses, is affiliated with, or otherwise connected to the website, the products or services identified on the website, or the owner of the website.
5. User Conduct
You agree not to use, or to encourage or permit others to use, the Site to: (a) impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity; (b) Access or use the Site in any manner that could damage, disable, overburden or impair any Townsend server or networks connected to any Townsend server; or (c) disrupt or interfere with the security of, or otherwise cause harm to, the Site or accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites or introduce any virus, malware or code intended to do any of the foregoing.
6. Social Media
Townsend’s social media pages/channels (Facebook, Twitter, LinkedIn, etc.) (“Social Media Sites”) are a place for you to learn more about Townsend. Neither Townsend nor any of its subsidiaries are responsible for third party content posted or appearing on these Social Media Sites, including but not limited to content and links posted by users. Townsend does not control or endorse nor is it responsible for third party content and makes no representations regarding the accuracy of content, information, opinions, claims, or advice shared by Townsend fans. Townsend does not condone or allow use of social media community space for content not related to Townsend. We reserve the right to remove postings that are: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive or misleading; (c) in violation of copyright or intellectual property laws; (d) contain advertising or SPAM; (e) and any other content that Townsend may deem inappropriate. Townsend reserves the right to ban and block individuals who do not follow these basic rules of engagement. When visiting Townsend’s Social Media Sites you should also be aware and familiarize yourself with the site operator’s terms of service as posted on the Social Media Sites.
7. Townsend Rights
Except to the extent prohibited by applicable law, Townsend is entitled to disclose any Information or data about you in Townsend’s possession in connection with your use of the Site to (i) comply with applicable law, legal process or governmental request; (ii) enforce the Terms; (iii) protect the rights, property or personal safety of Townsend, its Users or the public, and law enforcement or other government officials, as Townsend in its sole discretion believes to be necessary or appropriate.
Townsend may at any time and from time to time modify or discontinue, temporarily or permanently, the Site or any portion thereof, with or without notice to you. You agree that Townsend shall not be liable to you for any modification, suspension or discontinuance of the Site.
9. No Offer of Securities – No Investment Advice
Under no circumstances should any material at this Site be used or considered as an offer to sell or a solicitation of any offer to buy an interest in any security, investment fund, or real estate or other real asset. The material on this website does not constitute, and may not be used in connection with, an offer or solicitation by anyone in any jurisdiction in which such offer or solicitation is not permitted by law or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer or solicitation. Access to information about any accounts is limited to investors who, among other requirements, either qualify as accredited investors within the meaning of the Securities Act of 1933, as amended, or those investors who generally are sophisticated in financial matters, such that they are capable of evaluating the merits and risks of prospective investments. The information contained herein is not investment advice. Any specific investments listed or discussed do not represent any or all investments purchased, sold or recommended for advisory clients since inception. One should not assume that all investments are or will be profitable.
Except for the license granted to Townsend with respect to the Information, which shall survive termination, the Terms will continue to apply until terminated by you or Townsend as set forth herein. Townsend may at any time terminate this agreement with you if: (i) you have breached any provision of the Terms, or otherwise indicate via your acts an intent do not comply or inability to comply with the Terms; (ii) Townsend is required to do so by any applicable law; (iii) Townsend has elected to discontinue the Site or any portion thereof. You agree that all terminations for cause shall be made at Townsend’s sole discretion and that Townsend shall not be liable to you or any third party for any termination of your access to the Site or any portion thereof.
(a) THIS SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT LIMITING THE FOREGOING, TOWNSEND MAKES NO WARRANTY THAT (I) THE SITE OR ANY PART THEREOF WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY PART THEREOF WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE SITE OR ANY PART THEREOF WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SITE OR ANY PART THEREOF WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOWNSEND OR THROUGH OR FROM USE OF THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
12. Limitation of Liability
IN NO EVENT WILL TOWNSEND, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR CLIENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT FORESEEABLE OR WHETHER TOWNSEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Dispute Resolution
All matters relating to your access to, or use of, the Site, including any use by Townsend of Information submitted via the Site, shall be governed by the laws of the State of Ohio, without regard to conflict of laws principles. You agree that any claim or dispute you may have against Townsend must be resolved by a court located in Cuyahoga County, Ohio, except as otherwise agreed by and between the parties. You agree to submit to the personal jurisdiction of the courts located in Cuyahoga County, Ohio for the purpose of litigating such claims or disputes. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Site or any part thereof in violation of the Terms you agree that Townsend shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
These Terms constitute the entire agreement between Townsend and you with respect to your access to or use of the Site and submission of Information to Townsend and supersede any prior agreements between you and Townsend with respect to such subject matter. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect. Any failure by Townsend to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.