1. Acceptance of Agreement. These Terms and Conditions (the “Terms”) constitute
an agreement between Chatham Park Investors LLC (“we”, “us”, “our”, or “Chatham Park”), and users of this website (“you”, “your”, or “user”). These Terms also govern your use of any Content (as defined below) or information made available to you by us through this website (the “Site”). The information provided on this Site is for general informational and educational purposes only. Please read these Terms carefully before using this Site. By using this Site, you signify you agree to the Terms, as well as all provisions, disclaimers, and disclosures on this Site. If you do not agree to the Terms, do not use this Site.
2. Modification. We may revise and update the Terms at any time. Your continued use of the Site will mean you accept those changes.
4. Proprietary Rights. You acknowledge that this Site, any underlying technology used in connection with this Site, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data available within the Site (collectively, the “Content”), are owned and provided by Chatham Park or third-party providers and are the copyrighted works of Chatham Park and/or such third-parties. We will use reasonable efforts to include accurate and up-to-date Content on the Site but we make no warranties or representations of any kind as to the accuracy, currency or completeness of the Content. You agree that access to and use of this Site and the Content thereof is at your own risk. Unless otherwise stated, the Content is the property of Chatham Park and you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content, in whole or in part. You may not store any significant portion of any Content owned by, or licensed to, us in any form, whether archival files, computer-readable files, or any other medium. Each individual document published by us on this Site may contain other proprietary notices and copyright information relating to that individual document. Additionally, the trademarks, service marks, registered marks, logos, photography, and images of Chatham Park and others used in this Site are the property of Chatham Park and their respective owners. To use any such marks, logos, photography, or images, you must obtain prior written permission of Chatham Park or the respective owner. All other product and company names referenced in this Site that are not owned by Chatham Park are used for identification purposes only and may be the trademarks of their owners. CHATHAM PARK is a registered trademark of Chatham Park Investors LLC, and you may not use the mark CHATHAM PARK without our express written consent.
5. Prohibited Uses. You may not: (a) use the Site for anything other than a lawful and legitimate purpose; (b) modify the Content in any way or reproduce, publicly display, perform, distribute, or otherwise use the Content for any public or commercial purpose other than to create a single electronic copy on your computer’s hard drive or a single printed copy of portions of the Content for your personal, non-commercial use; (c) store or archive a significant portion of the Site Content or create a database using the Content; (d) use this Site in any manner that could damage, disable, overburden, or impair our infrastructure or any Chatham Park server, or the network(s) connected to any Chatham Park server, or interfere with any other party’s use and enjoyment of this Site; (e) attempt to gain unauthorized access to any accounts, computer systems, or networks connected to any Chatham Park server or to this Site through any means; or (f) obtain or attempt to obtain any materials or information through any means not
intentionally made available through this Site. You acknowledge that Chatham Park and/or third-party providers remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading or printing the Content. Any unauthorized use of the Content may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates, and you must immediately destroy any downloaded or printed materials.
6. Hyperlinks. As you use the Site, you may encounter windows and hyperlinks that take you to web pages or websites of other companies or persons, either to make their content available to you or to enable you to communicate directly with those companies or persons. You acknowledge and agree that we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
7. Disclaimer of Warranty. WE DO NOT PROMISE THAT THIS SITE OR ANY
CONTENT, SERVICE, OR FEATURE OF THIS SITE WILL BE ERROR-FREE, SECURE, TIMELY, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS SITE WILL PROVIDE SPECIFIC RESULTS. THIS SITE AND THE INFORMATION PROVIDED WITHIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE ASSUME NO LEGAL RESPONSIBILITY FOR ACCURACY, CORRECTNESS, LEGITIMACY, LEGALITY, VALIDITY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR TIMELINESS, WITH RESPECT TO THE CONTENT OF THIS SITE AND THE MATERIALS PROVIDED ON THIS SITE. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE RESERVE THE RIGHT TO DO ANY OF THE FOLLOWING, AT ANY TIME, WITHOUT NOTICE: (1) MODIFY, SUSPEND, OR TERMINATE OPERATION OF OR ACCESS TO THIS SITE, OR ANY PORTION OF THIS SITE, FOR ANY REASON; (2) MODIFY OR CHANGE THIS SITE, OR ANY PORTION OF THIS SITE, AND ANY APPLICABLE POLICIES OR TERMS; AND (3) INTERRUPT THE OPERATION OF THIS SITE, OR ANY PORTION OF THIS SITE, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) DESCRIBED IN THIS SITE AT ANY TIME. WE RESERVE THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THIS SITE AT ANY TIME WITHOUT NOTICE. ANY CONTENT ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED ON OR THROUGH THIS SITE IS USED AT YOUR OWN DISCRETION AND RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
8. Limitation of Liability. IN NO EVENT WILL WE OR ANY THIRD-PARTIES MENTIONED AT THIS SITE BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY LINKED WEBSITES, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL LINKED WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION, OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS SITE. YOUR SOLE REMEDY AGAINST CHATHAM PARK FOR DISSATISFACTION WITH THIS SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION IS A PART OF THE BARGAIN BETWEEN THE PARTIES AND SHALL SURVIVE ANY FAILURE OF ITS ESSENTIAL PURPOSE.
9. Indemnity. You agree to defend, indemnify, and hold us and our subsidiaries, affiliates, officers, directors, agents, employees, and their successors and assigns harmless from any loss, damage, liability, claim, cost, expense, or demand, including reasonable attorneys’ fees, due to, related to, or arising from or in connection with, your use of the Site, your use of Content provided via the Site, or your breach of these Terms.
10. Suspension or Termination of Use of the Site. We may, in our sole discretion and at any time, discontinue providing or limit access to this Site, any areas of this Site or the Content provided on or through this Site. You agree that we may, in our sole discretion and at any time, terminate or limit your access to or use of this Site or any Content. We will terminate or limit your access to or use of this Site, without prior notice for any reason, including, without limitation, if we believe you have engaged in conduct prohibited by these Terms. You agree that we shall not be liable to you or any third-party for any termination or limitation of your access to or use of this Site or any Content.
11. Legal Compliance. You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site.
12. Governance. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to the choice of law provisions thereof. Any controversy or claim arising out of or relating to this Release, or the negotiation or breach thereof, shall be settled by arbitration in accordance with N.C. Gen. Stat. § 1-569.1 et seq. and the then-current Rules of Commercial Arbitration of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be held in Raleigh, North Carolina and shall be conducted in the English language, and shall be conducted before a single arbitrator mutually agreeable to the parties, or if no agreement can be reached, then selected by the American Arbitration Association. The arbitrator shall award reimbursement of attorneys’ fees and other costs of arbitration to the prevailing party, in such manner as the arbitrator shall deem appropriate. Any decision by an arbitrator may be affirmed and reduced to judgment in any court of competent jurisdiction. In addition, the losing party shall reimburse the prevailing party for the costs and expenses incurred by it, including attorneys’, arbitrators’ and courts’ fees and expenses, in connection with any action or proceeding hereunder. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this Section. Notwithstanding the foregoing, in the event that these arbitration terms are not enforceable for any reason, any legal action or proceeding related to this Site or the Terms shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Raleigh, North Carolina.
13. Miscellaneous. These Terms contain the entire agreement between you and Chatham Park regarding the use of the Content and the information contained on this Site. You agree that these Terms take effect on your first use of this Site, and that they apply to all persons accessing the Site from your computer. You agree to regularly review these Terms for changes and agree to those changes by continuing to use or view this Site. Unless otherwise explicitly stated, the provisions contained herein will survive termination of your access to and use of the Content and the information contained on this Site.
If any clause or provision set forth herein is determined to be illegal, invalid, or unenforceable under present or future law, then, in that event, you understand and agree that the clause or provision so determined to be illegal, invalid, or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or out of your use of the Site must be filed within one (1) year after such claim or cause of action arose.
You acknowledge that the provisions, disclosures, and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Notwithstanding any provisions of these Terms, Chatham Park has available all remedies at law or equity to enforce these Terms.