H.I.G. CAPITAL, LLC TERMS AND CONDITIONS OF USE

Posting Date: June 26, 2020
Effective Date: June 26, 2020

Welcome to the H.I.G. Capital, LLC ("H.I.G.") websites, which include but are not limited to higcapital.com, higprivateequity.com, whitehorsecapital.com, bayside.com, higrealty.com, higgrowth.com, higbio.com, higcapital.br.com and higeurope.com (collectively, the "Sites"). The Sites are provided as a convenience to our clients and our potential clients. Please review the following terms and conditions of use which govern your use of the Sites (the "Agreement").

YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE ANY OF THE SITES. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE SITES.

Eligibility to Use the Sites

As a condition of your access and use of the Sites, you warrant that:

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

As a condition of accessing and using the Sites, you warrant to H.I.G. that you will not use the Sites for any purpose that is unlawful or prohibited by this Agreement or by federal, state, local or international law. H.I.G. reserves the right to deny, in its sole discretion, any user access to the Sites 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 the Sites, including, but not limited to the infrastructure used to provide the content and information, is proprietary to H.I.G., our business partners or affiliates or the companies in which H.I.G. 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 the Sites, as further described below. Additionally, you agree not to:

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

In addition, you may not use the Sites to:

  • violate any law or engage in transactions that involve any illegal activity or the planning of any illegal activity;
  • create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication;
  • interfere with, disrupt or attempt to gain unauthorized access to other accounts on the Sites or any other computer network;
  • disseminate or transmit viruses, worms, Trojan horses, or any other malicious or invasive code or program; or
  • engage in any other activity deemed by H.I.G. to be in conflict with the spirit or intent of the Sites.

Privacy Policy

Our Privacy Policy specifies how H.I.G. collects, uses and shares the personal information of the users of the Sites. For more information, see our full Privacy Policy.

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

The Sites may contain information and links to companies in which H.I.G. or affiliates of H.I.G. have invested. By using the Sites, you acknowledge and agree that these companies are not H.I.G. 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 Sites do not contain any investment recommendations whatsoever. Reliance on any statements, materials, information, data, or resources made available in connection with the Sites 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.

Modifications to the Sites

H.I.G. reserves the right at all times to modify or discontinue, temporarily or permanently, the Sites, or any part of the Sites, with or without notice and without cost. Furthermore, the Sites may become unavailable due to suspension of the Internet, or maintenance or malfunction of computer equipment or other reasons. You agree that H.I.G. will not be liable to you or to any third party for any modification, suspension, malfunction, or discontinuance of the Sites.

Indemnification

By using the Sites and , you agree to defend, indemnify and hold H.I.G. and its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from:

  1. access, use or misuse of the Sites including, without limitation, the uploading, posting, publishing, emailing, reproduction, distribution, or transmission of any Sites content or other materials by you, your agents, representatives, officers, contractors, or employees;
  2. any products or services made available by you, your agents, representatives, officers, contractors, or employees, or any dispute between you and any third party;
  3. actual or alleged breach of this Agreement by you, your agents, representatives, officers, contractors, or employees; or
  4. acts or omissions by you, your agents, representatives, officers, or employees, including, without limitation, those resulting in injuries and property damage.

H.I.G. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with H.I.G. in asserting any available defense.

Linked Third-Party Sites

You may be able to link to or otherwise access third parties’ websites (“Linked Third-Party Sites”) from the Sites. Linked Third Party-Sites are not, however, reviewed, controlled, or examined by H.I.G. in any way, and H.I.G. is not responsible for the content, privacy policy, availability, advertising, products, or other materials of any such Linked Third-Party Sites. Therefore, H.I.G. does not endorse or accept responsibility for the content on Linked Third-Party Sites. The links do not constitute or imply an endorsement, authorization, sponsorship or affiliation by H.I.G. with respect to any Linked Third-Party Site or any products or services provided by a third party.

In no event shall H.I.G. be liable to anyone for any loss or damage caused by or in connection with use of the Linked Third-Party Site or the information or material accessed through the Linked Third-Party Site. H.I.G. reserves the right, at its sole discretion, to remove, without notice, any link(s) to any of the Linked Third-Party Sites from the Sites.

No Harvesting

H.I.G. prohibits the harvesting or collection of the e-mail addresses of H.I.G. employees and representatives from the Sites to be used in violation of the CAN-SPAM Act. H.I.G. reserves the right to take all legal actions available, including civil and criminal prosecution, to prevent violation of this Agreement.

Limitation on Liability

THE MATERIALS AND INFORMATION YOU FIND ON THE SITES 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 THE SITES AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

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

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

Contacting H.I.G.

You may share your comments and questions with us as indicated on the "Contact Us" areas of the Sites. H.I.G. makes every effort to read communications sent to us and to respond to the sender within an appropriate time. H.I.G. 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. investments. Also, please remember that you are responsible for whatever material you submit, and that you, not H.I.G., 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.

Termination

If you violate any provision of this Agreement, your permission to use the Sites shall automatically terminate, and you must immediately destroy any copies you have made of the Sites or any portion thereof. You or H.I.G. may suspend or terminate your account or your use of the Sites at any time, for any reason or for no reason at all.

Copyrights and Copyright Agent

All content, including trade dress on this Site is the copyrighted property of H.I.G. or its content providers. All rights reserved. The information and images presented here may not under any circumstances be reproduced or used without prior written permission of H.I.G. or the content provider.

If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials (or access thereto) from the Sites by contacting H.I.G.’s copyright agent (identified below) and providing the following information in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA):

(a) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

(b) The location of the material including, where possible, it’s URL or any other pertinent information that will allow us to locate the material.

(c) Your name, address, telephone number, and (if available) email address.

(d) A statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law.

(e) A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on behalf of the copyright owner.

(f) A signature or the electronic equivalent from the copyright holder or authorized representative.

The address for H.I.G.’s agent for copyright issues relating to the Sites is as follows:

H.I.G. Capital, LLC
1450 Brickell Avenue, 31st Floor
Miami, Florida 33131
Attn: General Counsel
Email: info@higcapital.com

If you do not comply with all of these requirements, your notice may not be effective.If you knowingly misrepresent that materials on the Site infringe a copyright, you may be held liable for damages, including costs and attorney’s fees under Section 512(f) of the DMCA.

General

We do not represent or warrant that materials on this Site are appropriate for use outside of the United States of America.

The Sites 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 the Sites. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement and conditions, including, without limitation, this paragraph.

You agree that no joint venture, partnership, or employment relationship exists between you and H.I.G. as a result of this Agreement or use of the Sites.

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 the Sites 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 all other policies referenced herein, constitute the entire agreement between you and H.I.G. with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and H.I.G. with respect to the Sites. 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.

For Additional Information or Notices

If you have any questions about this Agreement, please contact H.I.G. in writing at the following address:

H.I.G. Capital, LLC
1450 Brickell Avenue, 31st Floor
Miami, Florida 33131
Attn: General Counsel
Email: info@higcapital.com

©2020 H.I.G. Capital, LLC. All rights reserved.