Disclaimer

Website Terms & Conditions

Please read the following Important Legal Information and Terms of Use (the “Terms of Use”) prior to using this website. By using or otherwise accessing this website you agree to the terms, conditions, policies and restrictions governing the use of this website, which thereby constitute a legal agreement among you, Hammes Company Healthcare, LLC (“HCHC”) and Hammes Realty Advisors, LLC (“Hammes Partners”, and, together with HCHC and their respective subsidiaries and affiliates, “Hammes”). Hammes may change, suspend or discontinue any aspect of this website at any time, including the availability of any feature, database or content therein. Hammes may also modify these Terms of Use with or without notice to you, and such modified Terms of Use shall be effective immediately upon publication. If you do not agree to abide by these Terms of Use, do not use this website. Your use of this website following the publication of any modifications to the Terms of Use constitutes acceptance of such modifications.

No Solicitation or Investment Advice

Hammes Partners is registered as an investment adviser under the U.S. Investment Advisers Act of 1940, as amended. The purpose of this website (including any portion of this website available only to investors) is limited to providing you with general information on Hammes’ services and investment philosophy. Hammes does not render or offer to render investment advice through this website. Nothing on this website constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of, or be relied upon in connection with any contract or commitment whatsoever. Hammes may only transact business or render investment advice in those jurisdictions where it is registered, has made any relevant notice filings or where it is excluded or exempted from registration or notice filing requirements.

Limited Right of Use / Ownership of Contents

The contents of this website are intended for the personal, noncommercial use of its users. All materials published on this website (the “Content”) are protected by copyright, trademark and other applicable intellectual property laws, and are owned and controlled by Hammes or such other party that is credited as the provider of such Content. Except as specifically set forth in these Terms of Use, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit any of the Content or software forming part of this website in whole or in part. Hammes reserves the right to terminate at any time and without notice any users’ access to this website.

Disclaimers, Limitation of Liability and Indemnification

Hammes hereby disclaims all warranties and representations of any kind with regard to this website, including any implied warranties of merchantability, non-infringement of third-party rights, freedom from viruses or other harmful code, or fitness for a particular purpose.

This website and the information contained herein are provided “as is.” The information contained on this website is gathered from sources deemed to be reliable; however, Hammes does not warrant as to the accuracy, adequacy or completeness of the information and material contained on this website as of any particular viewing date and expressly disclaims liability for errors or omissions with respect to such information and materials. Hammes does not make any commitment to update material or information on this website.

Hammes shall not be liable for any consequential, incidental, special, punitive or exemplary damages arising out of any use of or inability to use this website or any portion thereof, regardless of whether Hammes has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability or otherwise.

By accessing or using this website, you agree to indemnify, defend and hold HCHC, Hammes Partners and their respective officers, directors, partners, employees, members, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including without limitation attorneys’ fees and expenses, incurred by the Indemnified Parties in connection with any claim arising out of or breach by you of these Terms of Use or the representations, warranties and covenants deemed to be made by you hereunder. You agree to cooperate as fully as reasonably required in the defense of any claim. Hammes reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without Hammes’ prior written approval.

There may be legal requirements in various countries and jurisdictions which may restrict the information that can be accessed. Persons who obtain information from this website should inform themselves about and observe any restrictions imposed in the jurisdiction in which this website is accessed.

Submitted Materials & Submitting Plans

Unless specifically requested, Hammes does not solicit, nor does Hammes wish to receive, any confidential, secret or proprietary information or other material from you through this website, by email, through the “Contact Us” feature, or in any other way. Any materials submitted or sent on or through this website in any manner (collectively, “Submitted Materials”) will be deemed not to be confidential or secret, and may be used by Hammes in any manner consistent with these Terms of Use and HCHC’s and Hammes Partners’ respective Privacy Policies. By submitting Submitted Materials on this website, you: (i) represent and warrant that you either own your Submitted Materials, or that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to this website; and (ii) you grant Hammes a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use such material (in whole or part) in any manner or to incorporate it (in whole or in part) in other works (including, without limitation, this website), products or services in any form, media, or technology now known or later developed. Hammes is not obligated to review any Submitted Materials. Hammes cannot be responsible for maintaining any Submitted Material you provide to this website, and Hammes may delete or destroy any such Submitted Material at any time.

User Conduct

Without limitation of the other terms and conditions set forth herein, while accessing or using this website, the Content or the various other features available on this website, you agree that you shall not:

• impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from this website or Hammes;
• use, redistribute, republish or exploit any part of this website or any Content for any commercial or promotional purposes;
• obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through this website through any means, including through means not intentionally made publicly available or provided for through this website;
• engage in “screen scraping,” “database scraping,” harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on this website, or obtaining lists of users or other information from or through this website including, without limitation, any information residing on any server or database connected to this website;
• use this website, the Content or its features and services in any manner that could interrupt, damage, disable, overburden or impair this website or interfere with any other party’s use and enjoyment of this website, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
• use this website or the Content (including by submitting Submitted Materials) to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
• upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind;
• disclose any sensitive, proprietary or confidential information, about yourself or anyone else;
• attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with this website; or
• use this website or its services (or any Content), in whole or in part, or submit any information to this website, in violation of any applicable law, rule or regulation.

Hyperlink Policy

At certain places on this website, live ‘links’ to other internet addresses can be accessed. Such external internet addresses contain information created, published, maintained or otherwise posted by institutions or organizations independent of Hammes. Hammes does not endorse, approve, certify, or control these external internet websites and does not guarantee or assume responsibility for the accuracy, completeness, efficacy or timeliness of information located at such websites, nor does Hammes warrant that such websites are free from claims of copyright, trademark or other infringement of the rights of third parties or that such websites or content are devoid of viruses or other contamination. Use of any information obtained from such websites is voluntary, and at such user’s own risk, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness. Reference therein to any specific commercial product, process or service by trade name, trademark, service mark, manufacturer or otherwise does not constitute or imply endorsement, recommendation or favoring by Hammes. You acknowledge and agree that Hammes has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through such other websites.

Copyright and Trademarks

Copyright 2020 HCHC and Hammes Partners. All Rights Reserved. HCHC, Hammes Partners and the HCHC logo are trademarks or service marks of HCHC and Hammes Partners, respectively, and may not be used without their express written consent. All other marks on this website are the property of their respective owners. Any copying of information or documents published on this website without prior written approval from Hammes is strictly prohibited.

Miscellaneous

These Terms of Use constitute the entire agreement between you, HCHC and Hammes Partners and govern your use of this website and any services offered through this website. This agreement supersedes any prior terms of use or other agreements concerning the subject matter hereof between you and Hammes.

These Terms of Use and the relationship between you and Hammes shall be governed by, and construed and enforced in accordance with, the laws of the State of New York without regard to its conflict of law provisions that might cause the application of the laws of another jurisdiction. You agree to submit to the personal and exclusive jurisdiction of the U.S. federal and state courts located within the County, City and State of New York for the resolution of any disputes arising out of or relating to these Terms of Use or this website.

The failure by Hammes to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and conditions of these Terms of Use shall remain in full force and effect.