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Terms of Use and Disclosures Introduction
The contents of this website and any information accessible through the website are only intended to provide information on Hamilton Lane’s investment advisory services, various tools and log-in accessibility into Hamilton Lane’s proprietary Portfolio Reporting System and ClientLink. There is no intent or offer to make available any service, product, tool, software or information via this website and any linkages to the general public. Throughout this Term of Use and Disclosures document, Hamilton Lane, its employees, directors, members, agents, affiliates, officers, successors, assigns and/or subsidiaries will be referred to as either “Hamilton Lane”, “we”, “our” or “us”. In addition, “website” includes all information, content, tools, log-ins, linkages and functions provided on or through the Hamilton Lane website, directly or indirectly.
Hamilton Lane is an investment advisor pursuant to the provisions of the Investment Advisors Act of 1940 and only transacts business in states and international jurisdictions where it is properly registered, or excluded or exempted from registration requirements.
Conditions of Use
Hamilton Lane provides this website for informational purposes only and as a service and convenience to its clients, partners and other prospective clients. By accessing and utilizing this website, you agree to abide by these terms of use as set forth herein. If you do not agree and accept these terms of use, do not use any portion of this website and exit immediately. These Terms of Use and Disclosures are in addition to any other agreements that may be between you, the company you are employed or contracted by, and Hamilton Lane.
No Recommendations, Advice or Solicitation
This website is for informational purposes only and nothing herein should be construed as a recommendation by Hamilton Lane or any third party to provide any investment related advice. In addition, nothing in this website should be considered as a solicitation to buy, offer to sell or recommendation for, a security or service, strategy or product. Moreover, there is no representation, express or implied, that any content herein is suitable for any particular person or entity. While certain tools available on this website may provide general analysis, the results are not to be considered advice or recommendations.
Performance Risks
Past performance may not be indicative of future results. Therefore, no current or prospective client should assume that the future performance of any specific investment, investment strategy (including the investments and/or strategies recommended and/or purchased by Hamilton Lane), or product referred to directly or indirectly on this website, or indirectly via link to any third party website, will be profitable or equal to any corresponding indicated performance levels. Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will either be suitable or profitable for a client’s investment portfolio. No client or prospective client should assume that any information presented or made available on this website serves as the receipt of, or a substitute for, personalized individual advice from Hamilton Lane or any other investment professional. Historical performance results for investment indices and/or categories generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results.
Third Party and Other Links and Content
This website may provide links to other sites that may be maintained by other entities. Links are provided only as navigation tools. Hamilton Lane makes no guaranty as to information obtained from any links, including their accuracy, timeliness, suitability or completeness. As such, Hamilton Lane is not responsible for, and does not make any warranty, express or implied, as to any information, products, or services available from third party sites. By visiting any linked site, you agree that you do so at your own risk.
Disclaimer of Warranties
This website is provided “as is” and “as available” and Hamilton Lane makes no guaranty as to the accuracy, timeliness, suitability or completeness of the information provided by or through this website. Further, Hamilton Lane does not make any express or implied warranty of any kind, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement with regard to this website, its contents and any results obtained. In addition, Hamilton Lane does not make any warranties of any kind that this website will meet your needs or expectations, be secure or free from viruses, or be uninterrupted. Moreover, we make no warranty or representation that this website is available or appropriate for access, use or view in other locations outside the Commonwealth of Pennsylvania. Should you wish to access and utilize the website from another location, you do so at your own risk and you are responsible for adhering to all relevant laws and/or restrictions.
Limitation of Liability
You agree that we will not be liable, directly or indirectly, for any damages concerning or relating to the usage or inability to use this website including, but not limited to, incidental, consequential, special, punitive or other damages, whether in contract, tort, negligence, strict liability or any other legal theory, any type of loss with regard to revenue, anticipated revenue, business, goodwill, monies, cash reserves, resources, programs, functions, services, software, products, graphics, processes, trading, information, data or results.
The aforementioned limitation of liability also includes any loss in relation to usage or inability to use the contents of this website as a direct or indirect result of causes which may include, but are not limited to, electronic or mechanical failure, viruses, theft, severe weather, flooding, earthquakes and other acts of God, accident, acts of local, state and/or federal authorities, fire, terrorist acts, war, riots, unauthorized alterations, defects, transmission, delay in operation, hacking, viruses, labor issues, power outages, communication lines, emergency, business decisions, merger, acquisition, dissolution and temporary or permanent cease of business or website operations for any reason.
You agree that your sole and exclusive remedy for dissatisfaction with this website is to immediately discontinue using it.
Commencement of any claim or cause of action you believe you may have must be within one year after the claim or cause of action arises.
Certain states/jurisdictions may not allow the limitation of liability for consequential or incidental damages and the above limitations may not apply to you. In those applicable states/jurisdictions, you agree that our aggregate liability (should any be found by a court of law, arbitration or mediation) shall not exceed the amount of $150.
Indemnification and Release
You hereby agree to indemnify, release and hold Hamilton Lane harmless from any and all claims, losses, liability, damages, costs, expenses (including, but not limited to, attorney’s fees) arising from your use, or inability to use, this website or any violation of these Terms of Use and Disclosures.
Severability
Should a court of competent jurisdiction find any provision of these Terms of Use and Disclosures unenforceable, unlawful or void for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the terms, and the remaining provisions shall continue to be and remain in full force and effect.
Termination of Use
We reserve the right in our sole discretion to restrict or terminate your access to this website, or any part(s) thereof, for any reason, without prior notice or liability. Should you decide to cease using this website, you must immediately destroy all materials, copies, data, documents, emails, electronically related archived records and any other information obtained by or through this website.
Governing Law and Forum
You agree that the laws, statutes, jurisdiction and forum of the Commonwealth of Pennsylvania will apply to all matters concerning this website and consent and submit to the personal jurisdiction of those courts.
Reservation of Rights
We reserve the right to modify, add, amend, delete, update, restrict, discontinue or otherwise change any portion or the entirety of this website and terms, disclosures and conditions of use at our sole discretion without any prior notice or liability to you. If you continue to use this website you will be deemed to have accepted any such modifications, additions, amendments, deletions, updates, restriction, discontinuances or other changes.
Prohibited Usage
You are prohibited from using this website in any way that is unlawful, in contravention of these Terms of Use and Disclosures, would give rise to any liability or for any commercial use not related to your relationship with Hamilton Lane. In addition, you are prohibited from modifying, transmitting, transferring, selling, publishing, licensing, renting, distributing, displaying, copying, reproducing, storing, creating derivative works, re-engineering or altering any portion, or whole, of this website. You are also prohibited from utilizing this website in any way that would damage, impair, disable, interfere with or overburden this website or interfere with another person’s use of this website.
Intellectual Property
All content of this website, including the Terms of Use and Disclosures, are protected by applicable copyright, trademark, trade secret, patent, proprietary and/or other intellectual property laws and are the intellectual property of Hamilton Lane. Any third party intellectual property that may be reflected in this website, including, but not limited to products, services, names and logos, belong to their respective owners. Accordingly, you may not engage in any prohibited usage as indicated above. Further, modification, transmission, transfer, sale, publishing, licensing, renting, distributing, displaying, copying, reproducing, storing, creating derivative works, re-engineering or altering any portion, or whole, of this website is prohibited without the prior express written consent of Hamilton Lane.
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