|
Terms and Conditions of Use
1. Welcome to our website.
Triarch Partners, LP, along with its subsidiary, TCP,
LLC (collectively referred to in this Agreement as "Triarch"
or "we" or "us"), maintains this Web site
(the "Site") as a service to our customers and users
of the World Wide Web. Please review the following terms and
conditions carefully. By using or viewing this Site, you agree
to be bound by these terms and conditions. You should visit
this page periodically to review the terms and conditions
as we reserve the right to update or revise them at any time.
Certain sections of or pages on this web site may contain
separate terms and conditions, which are in addition to terms
and conditions set forth below. You should read those additional
terms and conditions carefully. By accessing such sections
or pages, you agree to be bound by those additional terms
and conditions. In the event of a conflict, those additional
terms and conditions will govern your use of those sections
or pages.
2. Regulatory Disclosure. Triarch Partners is the trade name for Triarch Partners
LP and its subsidiaries and affiliates, which include TCP,
LLC, a North Carolina limited liability company, a registered
broker-dealer and NASD member firm that provides investment
banking, private placement, merger, acquisition, divestiture
and merchant banking services.
3. Limited Right to Use. The
viewing, printing or downloading of any text, content, images,
graphics, forms, documents, data, files or other material
(the "Material") from the Site grants you only a
limited, nonexclusive license for use solely by you for your
own personal and non-commercial use and not for publication,
republication, distribution, display, assignment, sublicense,
sale, preparation of derivative works or other use. No part
of any Material may be reproduced in any form or incorporated
into any information retrieval system, electronic or mechanical,
other than for your internal business use (but not for resale
or redistribution) without our prior written consent.
4. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete
any documents, information, data, files or other content appearing
on the Site.
5. Copyright. We authorize
you to view and download the Material on this Site solely
for your personal and non-commercial use. The Material is
protected by copyright under both United States and foreign
laws. You should assume that everything you see or read on
this Site is copyrighted unless otherwise noted and may not
be used except as provided in these terms and conditions.
Unauthorized use of the Material may violate copyright, trademark,
and other laws. You may not copy, publish, sell, distribute,
modify, transmit, reuse, or use the Material (excluding your
own proprietary information) for public or commercial purposes,
without our written permission.
6. Trademarks. All trademarks,
logos, and service marks (collectively, "Trademarks")
displayed on the Site are registered and unregistered Trademarks
of Triarch or other third parties. Nothing contained on the
Site should be construed as granting, by implication, or otherwise,
any license or right to use any Trademark displayed on this
Site without the written permission of Triarch or such third
party that may own the Trademarks displayed on the Site. Your
misuse of the Trademarks displayed on the site, or any other
content on the Site, except as provided in these terms and
conditions, is strictly prohibited.
7. Disclaimer and Limitation of Liability.
While we use reasonable efforts to include accurate and up-to-date
information in this Site, the Site may contain inaccuracies
and programmatic or typographical errors. We make no representations
about the accuracy, reliability, completeness, availability
or timeliness of the Materials, information and services contained
on the Site or about the results to be obtained from using
the Site. THE MATERIALS, INFORMATION AND SERVICES PROVIDED
ON THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE SITE, MATERIALS, INFORMATION AND SERVICES MAY
CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. ALTHOUGH WE
REGULARLY EMPLOY ANTI-VIRUS SOFTWARE, WE MAKE NO GUARANTIES
OR REPRESENTATIONS ABOUT ANY INFORMATION OR DATA VIEWED OR
DOWNLOADED FROM OUR SITE AND YOU ENGAGE IN SUCH ACTIVITY AT
YOUR OWN RISK. YOU HEREBY ACKNOWLEDGE THAT, DESPITE ANY ANTI-VIRUS
MEASURES THAT WE UNDERTAKE, WE MAKE NO WARRANTIES OR REPRESENTATIONS
THAT SUCH MEASURES WILL PROTECT YOU AGAINST EXPOSURE TO ANY
VIRUS, BUG, WORM, TRAP DOOR, BACK DOOR, TIMER CLOCK OR OTHER
SIMILAR DEVICE. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF THE SITE OR ANY RELATED INFORMATION
OR SERVICE. IN PARTICULAR AND WITHOUT LIMITING THE FOREGOING,
WE AND OUR AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF OUR MAKING THIS SITE AVAILABLE TO YOU. THIS SITE
AND THE INFORMATION AND SERVICES THEREIN WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE
SHALL CREATE OR IMPLY ANY WARRANTY, REPRESENTATION OR GUARANTEE.
8. Submissions and Use of Information.
We reserve the right, and you authorize us, to the use of
all information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy
Policy set forth below or any other agreement between us and
you. In addition, you agree that any comments or materials
sent to our Site or elsewhere, including questions, comments,
suggestions, or the like (collectively "Submissions"),
shall be deemed to be non-confidential and non-proprietary
and shall be deemed to be given to us under an irrevocable,
perpetual, unlimited and worldwide license to use (with the
right to sublicense) as we deem appropriate. We shall have
no obligation of any kind with respect to such Submissions
and we shall be free to reproduce, use, disclose, exhibit,
display, transform, create derivative works and distribute
the obligation of any kind to you. Further, we shall be free
to use any ideas, concepts, know-how or techniques contained
in such Submissions for any purpose whatsoever, including
but not limited to developing, manufacturing and marketing
products incorporating such Submissions. You agree you shall
have no recourse against us for any alleged or actual use,
disclosure, infringement or misappropriation of any of your
rights in your Submissions to us.
9. Privacy Policy. Except for
information that your Internet service provider automatically
provides to our Web server, such as Web site addresses and
possibly user's e-mail addresses, we will not collect any
personally-identifiable information about you (e.g., your
name, address, telephone number or email address ("personal
data")) through the Site unless you have provided it
to us voluntarily. When you do provide us with personal data,
we may use that information in the following ways: we may
store and process that information to better understand your
needs and how we can improve and enhance our products and
services; and we may use that information to contact you and
send offers and other information to you. We do not now and
do not intend to sell or rent personal data about you to third
parties. By using the Site you consent to our collection and
use of your information as described in this privacy section.
If we change our privacy policies and procedures, we will
post the revised policies on the Site to keep you aware of
what information we collect, how we use it and under what
circumstances we may disclose it. We encourage you to review
this section each time you visit the Site to check for any
updates or changes. Any changes shall be effective when posted
to the Site.
10. Links to Other Web Sites.
The Site may contain links to other Web sites. We are not
responsible for the content, accuracy or opinions expressed
in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion
of any linked Web site on our Site does not imply approval
or endorsement of the linked Web site by us. If you decide
to leave our Site and access these third-party sites, you
do so at your own risk.
11. Miscellaneous. This Agreement
shall be treated as though it were executed and performed
in Charlotte, North Carolina, and shall be governed by and
construed in accordance with the laws of the State of North
Carolina (without regard to conflict of law principles). Any
cause of action by you with respect to the Site (and/or any
information, data, files, products or services related thereto)
must be instituted within one (1) year after the cause of
action arose or be forever waived and barred. All actions
shall be subject to the limitations set forth in this Agreement.
The language in this Agreement shall be interpreted as to
its fair meaning and not strictly for or against either party.
All legal proceedings arising out of or in connection with
this Agreement shall be brought solely in the federal or state
courts located in Mecklenburg County, North Carolina. You
expressly submit to the exclusive jurisdiction of such courts
and consent to extra?territorial service of process. Should
any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable
law and the remaining portions shall remain in full force
and effect. To the extent that anything in or associated with
the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce
any provision of this Agreement shall not be deemed a waiver
of such provision nor of the right to enforce such provision.
12. Securities Information; No Offer
to Buy or Sell. The information provided on this
site is provided to you for information purposes. None of
the information contained in this Site constitutes a recommendation,
solicitation or offer by Triarch or its affiliates to buy
or sell any securities, futures, options or other financial
instruments or should be construed as investment advice or
investment advisory services. The information contained in
this Site has been prepared without reference to any particular
user's investment requirements or financial situation. Certain
transactions give rise to substantial risk and are not suitable
for all investors. Prior to the execution of any transaction
by you involving information you received from this Site,
you should consult your business advisor, attorney and tax
and accounting advisors with respect to the price, suitability,
value, risk or other aspects of any stock, mutual fund, security
or other investment. Pricing and other information generated
through the use of data or services made available herein
may not reflect actual process or values that would be available
in the market at the time provided or at the time that the
user may want to purchase or sell a particular security or
other instrument.
^ Back to
top
|
