H.I.G. Capital Terms and Conditions of Use Agreement

Agreement Between User and H.I.G. Capital

Thank you for accessing the website located at higcapital.com (the “Website”). As used herein, references to H.I.G. Capital, LLC or H.I.G. Capital may actually refer to affiliates of H.I.G. Capital, LLC and/or their portfolio companies. This Website is provided solely to provide information about H.I.G. Capital and the companies in which it invests (“Legitimate Business”) and for no other purposes. The terms “we”, “us”, and “our” refer to H.I.G. Capital. The term “you” refers to the users visiting this Website.

This Website is a service offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). Please read this Agreement carefully. H.I.G. Capital may at any time, at its sole discretion, without notice to you, revise or otherwise modify this Agreement, and your continued access or use of this Website signifies your acceptance of the revised or modified Agreement.

CHOOSING TO USE THIS WEBSITE SIGNIFIES THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST EXIT THIS WEB SITE IMMEDIATELY.

Use of the Website

As a condition of your use of this Website, you warrant that:

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

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

Prohibitions on Misuse

The content and information on this Website, including, but not limited to the infrastructure used to provide the content and information, is proprietary to H.I.G. Capital, our business partners or affiliates or the companies in which H.I.G. Capital 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 this Website, as further described below. Additionally, you agree not to:

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

Privacy Policy

H.I.G. Capital believes in protecting your privacy. Although H.I.G. Capital does not currently accept or collect any information from you through the Website, H.I.G. Capital may update this privacy policy from time to time. In the event, however, that H.I.G. Capital does accept or collect any information from you through the Website, you consent to the use of your personal information by H.I.G. Capital internally by H.I.G. Capital.

Companies In Which H.I.G. Capital Invests Are Not H.I.G. Capital

The Website contains information and links to companies in which affiliates of H.I.G. Capital have invested. By using this Website, you acknowledge and agree that these companies are not H.I.G. Capital 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 Investment Recommendations

The Website does not contain any investment recommendations whatsoever. 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 investment.

Intellectual Property Rights

Copyrights. The materials in this Website are protected under United States Copyright laws. These materials are for individual or organizational use as authorized by H.I.G. Capital, exclusively. You may not modify, copy, aggregate, distribute, publish, display, transmit, reproduce, license, transfer, create derivative works from or sell any information from this Website, without the prior written permission of H.I.G. Capital, except that you may download one copy of the content on any single computer and print a copy of the content for your use in learning about H.I.G. Capital and companies in which H.I.G. Capital invests. No permission is granted to you, or anyone acting on your behalf, to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content. No permission is granted herein to you to use, or permit others to use the content, associated icons, site addresses, or other means to hyperlink other Internet sites with any pages in the H.I.G. Capital Website, and H.I.G. Capital assumes no responsibility for any other party’s site hyperlinked to the H.I.G. Capital Website or in which any part of the H.I.G. Capital Website has been hyperlinked. In some cases, some materials contained in the Website may be subject to copyrights held by third-parties and additional permissions may be required.

Trademarks. The H.I.G. Capital logo, any derivative logos, the term “H.I.G. Capital” as well as any related terms and all logos and graphics using the H.I.G. Capital name are the intellectual property of and/or trademarks/service marks owned by H.I.G. Capital. H.I.G. Capital may possess intellectual property rights in other logos, words, or phrases not listed here. In some cases, some materials contained in the Website are subject to trademarks held by third-parties. Except where otherwise indicated, all materials on this Website including but not limited to graphics, text, software, audio, video, and files, are the property of H.I.G. Capital and are protected by copyright or other intellectual property laws.

H.I.G. Capital reserves all rights to its intellectual property. You may print out a single copy of pages on this Website for your personal, non-commercial use provided that all copyright, trademark or other notices are retained. You are not authorized to use any portion of this Website or any other H.I.G. Capital intellectual property on any other website, in the meta-tags of any other website or in any other materials. You may not modify, publish, create derivative works, copy, distribute, or otherwise use any of this website’s content or frame this Website within any other website.

Links to Other Sites

The H.I.G. Capital Website may contain links to and frames of third party websites which are not maintained by H.I.G. Capital. H.I.G. Capital shall not be responsible for the content of those sites and shall not guarantee that sites will not change without our knowledge. Inclusion of such links and frames in the H.I.G. Capital Website does not imply H.I.G. Capital’ endorsement of the linked or framed sites or their content. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any dealings with such third parties. Moreover, we shall not be responsible or liable for the statements or conduct of any such third parties.

Limitation on Liability

H.I.G. CAPITAL GENERALLY: THE MATERIALS AND INFORMATION YOU FIND ON THIS 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 THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

IN NO EVENT SHALL H.I.G. CAPITAL 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 THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) OR WITH THE SERVICES PROVIDED AS A RESULT OF A RESERVATION MADE ON THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF H.I.G. CAPITAL 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 H.I.G. CAPITAL 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 these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of H.I.G. Capital.

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 H.I.G. Capital is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and H.I.G. Capital reserves the right to remove such materials from the Website without liability.

Contacting H.I.G. Capital

H.I.G. Capital encourages you to share your comments and questions with us by mailing them to our corporate office. H.I.G. Capital makes every effort to read mail sent to our offices and to respond to the sender within an appropriate time. H.I.G. Capital will assume no responsibility, however, for reviewing unsolicited ideas for our business (for example investment ideas) and shall not incur any liability as a result of any similarities that may appear in future H.I.G. Capital investments. Also, please remember that you are responsible for whatever material you submit, and that you, not H.I.G. Capital, 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 use become the exclusive property of H.I.G. Capital. To contact us by mail, please address letters to: 1450 Brickell Avenue, 31st Floor, Miami, Florida 33131.

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 H.I.G. Capital may suspend or terminate your account or your use of the Website at any time, for any reason or for no reason at all.

General

This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Florida, USA, without regard to principals of conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts in Miami, Florida, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

You agree that no joint venture, partnership, or employment relationship exists between you and H.I.G. Capital as a result of this Agreement or use of this 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 this 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 any other terms and conditions referenced herein) constitutes the entire agreement between you and H.I.G. Capital with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and H.I.G. Capital with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings 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.

Revised and Effective as of December 13, 2012
©2012 H.I.G. Capital, LLC. All rights reserved.