Terms and Conditions of Use

Important Notice for harbert.net

TERMS AND CONDITIONS OF USE

IMPORTANT: Please read the following before accessing and using the Harbert Management Corporation (“HMC”®) website, www.harbert.net (the “Site”).

The following terms and conditions (“Terms”) apply to and govern your use of this Site. If you do not agree with any of these terms or the privacy statements, or conditions, or have any questions, then before proceeding contact us directly at irelations@harbert.net.  BY CHOOSING TO ACCESS AND USE THIS SITE, YOU ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY STATEMENT.

Not an Offer. This Site is designed for informational purposes only and does not constitute a solicitation or offer by HMC, or its subsidiaries and affiliates, to buy or sell any securities, or other financial instrument, or to provide any investment advice or service. Offers to invest in HMC sponsored funds are only made by a fund’s offering documents to qualified investors and where permitted by law. Nothing in this Site should be construed as investment advice or a recommendation to purchase or sell a particular security.

Terms Exclusive to Use of this Site. Please note that these terms exclusively govern your access to and use of this Site, but they do not alter or affect the terms of any other agreement between you and HMC or any HMC affiliate.

Other Terms: Some areas of the Site with restricted access may require the application of additional or special terms and conditions (for example, licensing restrictions to download software or confidentiality provisions that may apply to information contained in the password-protected portion of the site). Such terms and conditions may be accessed through a separate link.

Password-Protected Areas of this Site: Access to some areas on this Site is restricted to “Authorized Users” who have completed a registration process and who have then been granted authorization for access through issuance of a unique user ID and password. No persons other than Authorized Users may access these password-protected areas of the site. Registrations, passwords, and user ID numbers are non-transferable. HMC will not be responsible for authenticating the identity of any person accessing the password-protected area of the Site with a verified user ID and password. As an Authorized User, you are solely responsible for maintaining the security and confidentiality of your password and user ID, and accordingly, you are liable for all access, use and activities on the password-protected area of the Site under your ID and password, including any use by others of your user ID and password, even if such use is unauthorized. Should you become aware that your name, identity, account, system, electronic signature, registration, user ID, password, or other protected data or your identity is being used or attempted to be used in a password-protected are of the Site or otherwise by an unauthorized third party, or in the event of any other possible error, misuse or fraud relating to the Site, it is your responsibility to inform us immediately so we may take appropriate action. We reserve the right to terminate any Authorized User’s access to and use of the password-protected area of the Site at any time, and without notice, for any reason including, but not limited to, any possible or alleged misuse, abuse, violation of law, fraud, or misconduct by any person accessing or using the password-protected area of the Site under a user ID and password.

Intellectual Property Notice. Unless otherwise specifically designated, HMC is the sole owner of all intellectual property rights to this Site and its contents, including but not limited to copyright protection for all content, including the design, layout, graphics, photos, format, and other visual elements of the Site. All ownership rights pertaining to the information and material contained on this Site, including but not limited to HMC’s name, logos, trademarks, graphics, photos, images, and content, are owned or have been duly licensed by HMC. All trademarks, service marks, and trade names used herein (including  and  ) may only be used by Harbert Management Corporation and its affiliates, subsidiaries, and licensees. The Site pages and content may be electronically copied or printed in hard copy for internal informational, personal or non-commercial use only, provided that no modifications are made, they are not published in any media, and on each page of every internal copy, HMC is acknowledged as the source with a copyright symbol. You are not granted any license to use the content in any other manner. Any use other than that set forth above, including the non-internal reproduction, modification, copying, display or use of any copyright-protected HMC symbol or other logo, graphic, photo or image, without the prior written permission of HMC, is strictly prohibited.

Absent an existing agreement to the contrary, any ideas or information submitted to HMC or its affiliates through this Site, including e-mail, becomes the sole property of HMC and its affiliates upon submission to the extent the person submitting the ideas or information has intellectual property rights over such ideas or information. HMC will have no obligation of confidentiality or any responsibility for any claims of infringement or misappropriation that may result from any submission. Personal information submitted will be treated in accordance with the HMC Privacy Statement posted on this Site.

No Warranties Provided. The information on this Site is provided for general information purposes only. While HMC strives to provide timely, accurate and complete information, you may discover some inadvertent typographical, technical, factual, or other errors or omissions in the information provided. Please bring them to our attention at irelations@harbert.net.  HMC MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE SECURITY, TIMELINESS, RELEVANCY, SUFFICIENCY, ACCURACY, RELIABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPLETENESS OF ANY DATA, INFORMATION, OR SERVICES PRESENTED ON THIS SITE. THE INFORMATION AND OTHER CONTENT CONTAINED HEREIN IS PRESENTED ON AN “AS IS, WHERE IS,” BASIS, AND ALL WARRANTIES (EXPRESS OR IMPLIED) ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

No Duty to Update. The information contained herein is provided as of the “Last Updated” date that is provided at the bottom of this page, unless otherwise specified. HMC and its affiliates assume no duty to update any such information for subsequent changes of any kind.

Site Security. This Site has protection measures in place to identify unauthorized attempts to gain access to password-protected portions of the site, upload or change information or any image, inject any harmful elements, or otherwise cause damage. Due to the technical uncertainties, however, we are unable to make any representation or warranty that the content, information, or links in this Site are secure and free of data-processing errors, technical glitches, operational problems, interruptions, errors, bugs, worms, viruses, unauthorized third party access, or any other harmful elements. YOU REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF YOUR SYSTEMS WHEN USING THIS SITE. Unauthorized attempts to upload, insert, or change any information or image on this Site or cause harm are strictly prohibited and may be punishable under the law, including the Computer Fraud and Abuse Act and the National Information Infrastructure Protection Act.

Outside Links. For your information or convenience, this Site may contain direct links or hyperlinks to websites that are maintained by third parties. When clicking on such a link, you are leaving our Site. HMC has no control over, does not endorse, and is not liable for the quality, operation, reliability, compliance with laws, ethics, business practices, or content of such third-party websites, or for any product or service advertised or provided thereon. All transactions with such third-parties operating said websites, including provision of your personal information, are strictly at your own risk. We expressly disclaim any and all liability arising from your access of such sites and for their content.

If you have any questions or comments about our terms and conditions of use, please contact us at irelations@harbert.net.

Last Updated: 01/15/2013