Terms of Use

Access to this website (the “Site”) of Highgate Capital Group, LLC (“HCG” and together with its affiliates, “Highgate”) is provided subject to the terms set forth herein.

IF YOU VISIT THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE (THE “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE AND EXIT IMMEDIATELY, AS YOU ARE NOT GRANTED PERMISSION BY HIGHGATE OR OTHERWISE TO USE THIS SITE.

Highgate reserves the right to make changes at any time to the Site or these Terms. Any modifications to the Terms will be effective upon posting. Your continued use of the Site following posting of any revised Terms will constitute acceptance of the modified Terms.

The Site is controlled or operated (or both) by Highgate from the United States and is not intended to subject Highgate to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some jurisdictions and Highgate makes no representation that the Site or the Content (defined below) provided through the Site are applicable or appropriate for use in all locations. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose. As a result, this Site and the Content are directed solely at persons who are eligible to access such Content under applicable law and regulation. It is your responsibility to ensure that you satisfy the relevant criteria under applicable law and regulation in order to access the Site and the Content. Highgate does not take any responsibility for the regulatory classification of users of the Site and/or for any reliance placed by any user on the Content.

Permitted Use of the Site

The Site may include or provide access to information regarding Highgate, and its services, products, publications, presentations and/or other materials proprietary to Highgate. You are hereby granted a personal, non-exclusive, revocable, non-transferrable license to use the Site and download, view, copy and print the information and materials on the Site and any other aspect of the Site (herein “Content”) (i) solely for your personal, informational purposes; (ii) provided that neither the Content, nor any proprietary notices or disclaimers therein, are modified, obscured or altered and (iii) so long as you do not store any significant portion of, or distribute copies of, Content in any form (including electronic means). You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of, or otherwise attempt to derive any source code of or relating to, the Site or any portion thereof or any Content.

Disclaimers Relating to Content

THE CONTENT WILL NOT CONSTITUTE AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY OR INVESTMENT PRODUCT OR SERVICE, NOR SHALL ANY SUCH SECURITY, PRODUCT, OR SERVICE BE OFFERED OR SOLD TO ANY PERSON, IN ANY JURISDICTION IN WHICH THE OFFER, SOLICITATION, PURCHASE, OR SALE OF SUCH SECURITY, PRODUCT, OR SERVICE WOULD BE UNLAWFUL UNDER THE SECURITIES OR OTHER APPLICABLE LAWS OF SUCH JURISDICTION.

The Content is intended for informational purposes only. Such Content is not intended to be, nor should it be construed or used as, legal, tax, accounting, regulatory or investment advice, nor an opinion or recommendation by Highgate regarding the appropriateness of any investment, including any fund managed by Highgate. Highgate does not provide any legal, tax, accounting or regulatory advice or recommendations of any kind through the Site. You should not consider any Content to be a substitute for professional financial advice. The Content is impersonal and not tailored to the investment needs of any specific investor or type of investor. Highgate makes no guarantees, assurances or representations that the Content is in any way guidance for any person or investor, or investors in general, to determine or analyze any product, instrument or investment or the suitability or desirability of investing in any particular security, product or instrument or securities in general. You understand that an investment in any security, financial product, transaction or investment strategy is subject to a number of risks.

The Site may from time to time contain opinions pertaining to securities, financial products, transactions and investment strategies, and such opinions may differ from one to another. Any opinions, assumptions, assessments, statements, market commentary or the like (collectively, “Statements”) regarding past, current and/or future market conditions, themes, trends or events or which are forward-looking, including regarding portfolio characteristics and limits, constitute only subjective views, beliefs, outlooks, estimations or intentions of Highgate, should not be relied on, are subject to change due to a variety of factors, including fluctuating market conditions and economic factors, and involve inherent risks and uncertainties, both general and specific, many of which cannot be predicted or quantified and are beyond Highgate’s control. Future evidence and actual results could differ materially from those set forth in, contemplated by, or underlying these Statements, which are subject to change without notice. In light of these risks and uncertainties, there can be no assurance and no representation is given that these Statements are now, or will prove to be, accurate or complete in any way. Highgate undertakes no responsibility or obligation to revise or update such Statements. Statements expressed herein may not necessarily be shared by all personnel of Highgate and its affiliates.

THE INFORMATION DESCRIBED ON THE SITE ARE NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, AND ARE IN PARTICULAR NOT DIRECTED TO, ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE (BY REASON OF THAT PERSON’S NATIONALITY, RESIDENCE OR OTHERWISE) SUCH DISTRIBUTION OR USE WOULD BE PROHIBITED OR CONTRARY TO ANY LAW OR REGULATION OR WOULD OBLIGATE HIGHGATE TO COMPLY WITH ANY ADDITIONAL LAW, REGULATION, REGISTRATION OR SIMILAR REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY. PERSONS IN RESPECT OF WHOM SUCH PROHIBITIONS APPLY MAY NOT ACCESS THE SITE. NOT ALL PRODUCTS OR SERVICES OFFERED BY HIGHGATE ARE AVAILABLE OR OFFERED IN ALL JURISDICTIONS.

Restrictions

You agree you will not interfere with, disrupt, interrupt, restrict, prevent or disable, in any way, others’ use of or access to the Site or any portion thereof or resources utilized thereby and will not attempt to gain unauthorized access to the computer system of any other Site user. You further agree not to take any other action in connection with your use of the Site (including any Content) which violates any local, state, national or international law, rule, regulation or order of any court in conjunction with your use of the Site.
You agree to access the Site through a web browser and specifically agree not to use any third-party applications to access the Site or any other page of the Site. You further agree that you will not use any robot, spider or other automatic device, manual process or application, or data mining or extraction tool to access, monitor, copy or use the Site. You also agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.

Except to the extent expressly agreed in writing by Highgate, you may not use, download, upload, reproduce, copy, duplicate, print, display, alter, perform, republish, sell, lease, license, sublicense, assign or otherwise encumber, post, transmit, disseminate, republish, transfer, disclose, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way, the Site or any portion thereof or any Content. IN ADDITION, YOU AGREE NOT TO LINK TO ANY PAGE OF THE SITE.

This Site is intended only for individuals 18 years of age or older, and individuals under the age of 18 are not permitted to use the Services. By accessing and using this Site, you certify that you are 18 years old or older.

Unauthorized Use of the Site

Highgate reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site. Highgate’s decision not to pursue legal action for any violation of these Terms shall not be construed as a waiver of any provision of the Terms or any legal rights of Highgate.

Trademarks and Copyrights

Highgate’ logo and other marks displayed on our Site are the proprietary service marks or trademarks of Highgate or its licensors (the “Trademarks”). You may not use, copy, modify or display any of the Trademarks for any purpose, except to the extent as expressly agreed in writing by Highgate or the respective owner thereof. In addition, Highgate’ Trademarks may not be used in any manner that is likely to cause confusion among consumers or to disparage or discredit Highgate.

All Content that may be on or available via the Site and other copyrightable elements of the Site,, including, without limitation, works of authorship, marketing materials, reports, software, design, text, graphics, photos, logos, button icons, images, and data compilations; any improvements or modifications to such Content; any derivative works based thereon; and the collection, arrangement and assembly of all Content, are the property of Highgate or its licensors and are protected by United States and international copyright and other intellectual property laws.

General Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, OR ANY INFORMATION, CONTENT AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HIGHGATE MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR ANY INFORMATION, CONTENT OR MATERIALS ON OR ACCESSED VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, HIGHGATE DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION, CONTENT AND MATERIALS ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND HIGHGATE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM RELIANCE ON SUCH INFORMATION OR ANY OTHER ASPECT OF THE SITE BY YOU OR ANY OTHER PERSONS. FURTHER, HIGHGATE MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HIGHGATE, NOR THE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY HIGHGATE COMPANY (THE “HIGHGATE PARTIES”) SHALL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, OR ANY INFORMATION, CONTENT OR MATERIALS AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, TRADING LOSSES, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold the Highgate Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with (i) your use of the Site or any Content or the use by any other person of any Content you retrieve from the Site; (ii) your violation of any rights of any third party or (iii) your violation of these Terms.

Links to Third Party Sites

The Site may from time to time include links to other third party websites. Highgate is not responsible for the content of any links, or any products, services or other materials relating to any linked site, or any link contained in a linked site. Highgate does not control any of these third party websites. The existence of links from the Site to these sites should not be construed as an endorsement of any of the content, products or services appearing on such sites or as implying an association between Highgate and the operators of these sites. By using these third-party websites you may be agreeing to their terms or visitor agreements. You release Highgate and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your use of these third-party sites or from your purchase or use of any third-party provided product or service.

Modification or Discontinuance of the Site by Highgate

At any time, without notice to you, and for any or no reason, Highgate may modify or discontinue the Site or any Content. Highgate shall in no way be held liable for any consequence which results from Highgate’s decision to modify or discontinue providing the Site or any Content.

Denial of Access

Highgate may prohibit you from using or accessing the Site, in whole or in part, for any or no reason, at any time, in its sole discretion, without notice to you.

Governing Law

The laws of the State of Illinois will govern these Terms, without giving effect to any principles of conflicts of laws. You agree that any action arising out of the Terms or your use of the Site shall be brought in state or federal court in Chicago, Illinois, and you consent to the jurisdiction of such courts.

You guarantee that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Communicating By Email

Sending an email to Highgate (whether through the Site or otherwise) is not a completely secure and confidential means of communication. It is possible that your email communication may be accessed or viewed by another internet user while in transit to Highgate. You are cautioned not to include any personal or confidential information in any email communication with Highgate.

Notice And Procedure For Making Claims Of Intellectual Property Infringement

Highgate respects the intellectual property rights of others. If you believe that any Content may infringe your copyrights or other intellectual property rights, please provide Highgate the written information specified below. Please note that this procedure is exclusively for notifying Highgate that your intellectual property rights have been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
A description of the intellectual property right that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

Highgate’s agent for notice of claims of copyright infringement or other intellectual property infringement can be reached as follows:

DMCA Notice
Highgate Capital Group
111 E. Wacker Drive
Suite 900
Chicago, IL 60601
Email: info@highgatecap.com

Miscellaneous

You may not assign or otherwise transfer these Terms or any rights or obligations hereunder. Highgate’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless Highgate agrees to such waiver in writing.
If any portion of these Terms is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms set forth the entire understanding between you and Highgate with respect to the use of the Site and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Highgate with respect to such subject matter.

Contact Information

Questions regarding these Terms should be directed to info@highgatecap.com. Highgate may also be contacted directly at the following address:

Highgate Capital Group
111 E. Wacker Drive
Suite 900
Chicago, IL 60601
Attention: ___________