Terms and Conditions

Hamptons Group, LLC Website

Access to the Hamptons Group website defined below is provided by Hamptons Group, LLC, and its subsidiaries and affiliates, and their officers, directors, managing directors, partners, and employees (“Hamptons Group”). The “Hamptons Group website” shall mean the website of Hamptons Group available to the general public and those portions available via specific login, and located at www.hamptonsgroup.com and select other domains (the “Website”).

PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS OF USE WHICH GOVERN YOUR USE OF THE WEBSITE (THE “AGREEMENT”). BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS.

YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE ANY OF THE WEBSITE. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.

Eligibility to Use the Website

As a condition of your access and use of the Website, you warrant that:

you are at least 18 years of age;
you possess the legal authority to create a binding legal obligation;
you will use this Website in accordance with this Agreement;
you will only use the Website for Legitimate Business for you or for another person for whom you are legally authorized to act; and
all information supplied by you on the Website, if any, is true, accurate, current and complete.

As a condition of accessing and using the Website, you warrant to Hamptons Group that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement or by federal, state, local or international law. Hamptons Group reserves the right to deny, in its sole discretion, any user access to the Website or any portion thereof without notice at any time and for any reason, including, but not limited to, for violation of this Agreement.

Monitoring by Hamptons Group

Your use of this Website may be monitored by Hamptons Group, and that the resultant information may be used by Hamptons Group for its internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organization.

Information Made Available Through this Service

You are permitted to store, display, analyze, modify, reformat, and print the information made available to you via this Website only for your own use. You are not permitted to publish, transmit, or otherwise reproduce this information, in whole or in part, in any format to any third party without the express written consent of Hamptons Group. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the information. Hamptons Group reserves the right, at any time and from time to time, in the interests of its own editorial discretion and business judgment to add, modify, or remove any of the information. These Terms and Conditions of Use are not intended to, and will not, transfer or grant any rights in or to the information other than those which are specifically described herein, and all rights not expressly granted herein are reserved by Hamptons Group or the third party providers from whom Hamptons Group has obtained the information. You are required to read and abide by any additional terms and conditions that may be posted on this service from time to time concerning information obtained from specific third party providers. Such third party providers shall have no liability to you for monetary damages on account of the information provided to you via this service.

Prohibitions on Misuse

The content and information on the Website, including, but not limited to the infrastructure used to provide the content and information, is proprietary to Hamptons Group, our business partners or affiliates or the companies in which Hamptons Group invests. You agree to not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website, as further described below. Additionally, you agree not to:

access, monitor or copy any content or information located on the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
deep-link to any portion of the Website for any purpose without our express written permission; or
“frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorization.

In addition, you may not use the Website to:

violate any law or engage in transactions that involve any illegal activity or the planning of any illegal activity;
create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication;
interfere with, disrupt or attempt to gain unauthorized access to other accounts on the Website or any other computer network;
disseminate or transmit viruses, worms, Trojan horses, or any other malicious or invasive code or program; or
engage in any other activity deemed by Hamptons Group to be in conflict with the spirit or intent of the Website.

Privacy Policy

Our Privacy Policy specifies how Hamptons Group collects, uses and shares the personal information of the users of the Website. For more information, please see our full Privacy Policy.

Security and Fraud Awareness

Our Security and Fraud Awareness notice provides useful information and resources about your security and fraud awareness. For more information, please see our full Security and Fraud Awareness notice.

Companies In Which Hamptons Group Invests Are Not Hamptons Group

The Website may contain information and links to companies in which Hamptons Group or affiliates of Hamptons Group have invested. By using the Website, you acknowledge and agree that these companies are not Hamptons Group and are separate and distinct legal entities. Any questions, comments or communications intended for such companies must be sent directly to the respective companies.

No Offer, Solicitation, Advice or Recommendation

The purpose of this Website is limited to providing you with general information about us. This material has been prepared for informational purposes only without regard to any particular user’s business, investment, career, or personal objectives, financial situation, or means, and Hamptons Group is not soliciting or suggesting any action based upon it. Nothing on this Website is intended to constitute or forms a part of (i) an offer, or solicitation of an offer, to purchase or sell any security, financial product, instrument, other asset, or service, (ii) investment advice, recommendation, or an offer to provide such advice or recommendation, or (iii) a basis for making any business or investment decision. Except as expressly stated by a Hamptons Group entity in writing, neither this Website nor any of the information made available on this Website make any effort to present an accurate, precise, comprehensive, or balanced description of Hamptons Group or its business or investment activities. Any portfolio company described on this Website may not be representative of all investments made by any Hamptons Group fund and is intended to be illustrative of the types of investments that may be made by such Hamptons Group fund.

Reliance on any statements, materials, information, data, or resources made available in connection with the Website is solely at your own risk. No such statements, materials, information, data, or resources should be considered or construed as recommending or not recommending any business, career, investment, or personal decision.

Indemnification

By using the Website, you agree to defend, indemnify and hold Hamptons Group and its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from:

access, use or misuse of the Website including, without limitation, the uploading, posting, publishing, emailing, reproduction, distribution, or transmission of any Website content or other materials by you, your agents, representatives, officers, contractors, or employees;
any products or services made available by you, your agents, representatives, officers, contractors, or employees, or any dispute between you and any third party;
actual or alleged breach of this Agreement by you, your agents, representatives, officers, contractors, or employees; or
acts or omissions by you, your agents, representatives, officers, or employees, including, without limitation, those resulting in injuries and property damage.

Hamptons Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Hamptons Group in asserting any available defense.

Linked Third-Party Websites

You may be able to link to or otherwise access third parties’ websites (“Linked Third-Party Websites”) from the Website. Linked Third Party-Websites are not, however, reviewed, controlled, or examined by Hamptons Group in any way, and Hamptons Group is not responsible for the content, privacy policy, availability, advertising, products, or other materials of any such Linked Third-Party Websites. Therefore, Hamptons Group does not endorse or accept responsibility for the content on Linked Third-Party Websites. The links do not constitute or imply an endorsement, authorization, sponsorship or affiliation by Hamptons Group with respect to any Linked Third-Party Website or any products or services provided by a third party.

In no event shall Hamptons Group be liable to anyone for any loss or damage caused by or in connection with use of the Linked Third-Party Website or the information or material accessed through the Linked Third-Party Website. Hamptons Group reserves the right, at its sole discretion, to remove, without notice, any link(s) to any of the Linked Third-Party Websites from the Website.

No Harvesting

Hamptons Group prohibits the harvesting or collection of the email addresses of Hamptons Group employees and representatives from the Website to be used in violation of the CAN-SPAM Act. Hamptons Group reserves the right to take all legal actions available, including civil and criminal prosecution, to prevent violation of this Agreement.

Limitation on Liability; No Warranties Made as to Content

The materials and information you find on the website are provided “as is”, without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or products provided through or in connection with the website and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

To the fullest extent permissible under applicable law, in no event shall Hamptons Group be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of the website or with the delay or inability to access, display or use the Website (including, but not limited to, any computer viruses, information, software, linked websites, products, and services obtained through the Website; or otherwise arising out of the access to, display of or use of the website) or with the services provided as a result of a reservation made on the website, whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Hamptons Group has been advised of the possibility of such damages. any risk arising out of use or performance of the information, services, materials, software, or other items remains entirely with you. under no circumstances will Hamptons Group be liable for any damages whatsoever arising out of the use or performance of the information, services, software, or other items.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose. The limitations of liability provided in this agreement inure to the benefit of Hamptons Group and its permitted successors and assigns.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance or non-performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Hamptons Group is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and Hamptons Group reserves the right to remove such materials from the Website without liability.

Modifications to the Website; No Responsibilities to Update

Hamptons Group reserves the right at all times, in its sole discretion, without any obligation and without any notice requirement, to modify or correct the information, materials, and descriptions on this Website. The information and materials on this Website may contain errors, inaccuracies, or incorrect information. Any dated information is published as of its date only. Furthermore, Hamptons Group reserves the right at all times, in its sole discretion, without any obligation and without any notice requirement, to discontinue, temporarily or permanently, the Website, or any part of the Website, with or without notice and without cost. Furthermore, the Website may become unavailable due to suspension of the Internet, or maintenance or malfunction of computer equipment or other reasons. You agree that Hamptons Group will not be liable to you or to any third party for any modification, correction, suspension, malfunction, or discontinuance of the Website.

Hamptons Group makes no warranty, express or implied, concerning this service. The services provided by us and our third party providers are on an “AS IS” basis at your sole risk. Hamptons Group expressly disclaims any implied warranty of merchantability or fitness for a particular purpose, including any warranty for the use or the results of the use of the services with respect to their correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability.

Neither Hamptons Group nor any of its third party providers shall have any responsibility to maintain the data and services made available on this Website or to supply any corrections, updates, or releases in connection therewith. Availability of data and services are subject to change without notice.

No Liability for Content; No Liability Arising from Use

Hamptons Group shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this service, or for any interruption or disruption of such access or any erroneous communication between Hamptons Group and you, regardless of whether the connection or communication service is provided by Hamptons Group or a third party service provider. Hamptons Group shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on this Website or for any other aspect of the performance of this service or for any failure or delay in the execution of any transactions through this service. In no event will Hamptons Group be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced on account of you using the data or services made available on this Website, even if Hamptons Group has been advised of the possibility of such damages. Hamptons Group will have no responsibility to inform you of any difficulties experienced by Hamptons Group or third parties with respect to the use of the services or to take any action in connection therewith.

No Warranties Made as to Security

Hamptons Group makes no warranty whatsoever to you, express or implied, regarding the security of the Website, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this service.

System Outages, Slowdowns, and Capacity Limitations and Delays

As a result of high internet traffic, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing the Website or communicating with Hamptons Group through the internet or other electronic and wireless services. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or Hamptons Group’s can experience unanticipated outages or slowdowns, or have capacity limitations.

No Determination of Suitability Has Been Made; Not All Risks Are Disclosed; Private Advisors Should Be Consulted

The fact that Hamptons Group has made the data and services provided on this Website available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described on this Website is suitable or appropriate for you. Many of the products described on this Website involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.

No Representations Made as to Other Sites or Links

This service may provide links to certain internet sites (the “Sites”) sponsored and maintained by third parties. Hamptons Group is providing such links solely as a convenience to you. Accordingly, Hamptons Group makes no representations concerning the content of the Sites. The fact that Hamptons Group has provided a link to the Site does not constitute an endorsement, authorization, sponsorship, or affiliation by Hamptons Group with respect to the Site, its owners, or its providers. Hamptons Group has not tested any information, software, or products found on any of the Sites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of the Site, or the suitability or appropriateness of the products or transactions described therein.

Applicable Laws and Regulations

This Website is operated and controlled by Hamptons Group in the United States. We do not represent or warrant that materials on this Website are appropriate for use outside of the United States. If it is illegal or prohibited in your country of origin to access or use this Website, then you should not do so. Those who choose to access this Website outside the United States access it on their own initiative and are responsible for compliance with all applicable local laws and regulations.

The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

U.S. Government Restricted Rights. The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Website or Content by the Government constitutes acknowledgement of our proprietary rights in the Website and Content.

This Agreement, and any disputes related to its terms or conditions or arising out of or related to the use of the Website, is governed in all respects by the laws of the State of Florida, United States, without regard to principles of conflicts of laws. Except as otherwise agreed in writing by the applicable Hamptons Group entities, any disputes relating to these Terms shall be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida, United States. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement and conditions, including, without limitation, this paragraph.

Contacting Hamptons Group

You may share your comments and questions with us as indicated on the “Contact” areas of the Website. Hamptons Group makes a good-faith effort to read communications sent to us and to respond to the sender within an appropriate time. Hamptons Group will assume no responsibility, however, for reviewing unsolicited ideas for our business (for example, investment or business ideas) and shall not incur any liability as a result of any similarities that may appear in future Hamptons Group investments or business activities.

You are responsible for whatever material you submit, and you, not Hamptons Group, have full responsibility for the message, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials and ideas submitted to us become the exclusive property of Hamptons Group.

Termination

If you violate any provision of this Agreement, your permission to use the Website shall automatically terminate, and you must immediately destroy any copies you have made of the Website or any portion thereof. You or Hamptons Group may suspend or terminate your account or your use of the Website at any time, for any reason or for no reason at all.

Copyrights and Copyright Agent

All content, including but not limited to trade dress, is the copyrighted property of Hamptons Group or its content providers. All rights reserved. The information and images presented here may not under any circumstances be reproduced or used without prior written permission of Hamptons Group or the content provider.

If you believe any materials accessible on or from the Website infringes your copyright, you may request removal of those materials (or access thereto) from the Website by contacting Hamptons Group’s copyright agent (identified below) and providing the following information in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA):

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
The location of the material including, where possible, it’s URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number, and (if available) email address.
A statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on behalf of the copyright owner.
A signature or the electronic equivalent from the copyright holder or authorized representative.

The address for Hamptons Group’s agent for copyright issues relating to the Website is as follows:

Hamptons Group, LLC
1172 Harriet Tubman Highway, Suite 554
Coral Gables, Florida 33146
Attn: General Counsel
Email: legal@hamptonsgroup1.wpengine.com

If you do not comply with all of these requirements, your notice may not be effective. If you knowingly misrepresent that materials on the Website infringe a copyright, you may be held liable for damages, including costs and attorney’s fees under Section 512(f) of the DMCA.

General

You agree that no joint venture, partnership, or employment relationship exists between you and Hamptons Group as a result of this Agreement or use of the Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This Agreement, and all other policies referenced herein, constitute the entire agreement between you and Hamptons Group with respect to the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Hamptons Group with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceeding based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.

For Additional Information or Notices

If you have any questions about this Agreement, please contact Hamptons Group in writing at the following address:

Hamptons Group, LLC
1172 Harriet Tubman Highway, Suite 554
Miami, Florida 33131
Attn: General Counsel
Email: legal@hamptonsgroup1.wpengine.com