TERMS OF USE

Welcome to the hcamgt.com website. These Terms of Use (“Terms”) are a legal contract between you and HCA Asset Management, LLC (“HCA”, “us”, “our” or “we”) and govern your use of the website, including all text, data, information, software, graphics, photographs and more (all of which we refer to as “Materials”) that we and our affiliates may make available to you, as well as any services (“Services”) we may provide through any of our websites (all of which are referred to in these Terms as this “Site”).

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AND ENSURE YOU UNDERSTAND THEM BEFORE BROWSING OR OTHERWISE USING THIS SITE. THESE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND HCA. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE REFRAIN FROM USING THIS SITE.

1. Legally Binding Agreement

These Terms govern your use of this Site. These Terms are for the purpose of protecting our rights in order to provide you with access to the Materials and other features available on our Site. If you do not want to be bound by these Terms, you should immediately exit this Site and discontinue all use of our Site. If you remain on our Site or return at any point in the future, you agree to be bound by these Terms.

Additional terms may be placed upon your purchase of the services and/or policies contained on our Site, and on your use of certain features on our Site. These additional terms will be specifically set forth in connection with such purchases and/or usage of features. By making such purchases and/or using such features, you agree to be bound by all additional terms connected to such purchases and/or features. If you do not want to be bound by such additional terms in connection with the purchase of services and/or policies addressed on our Site or in connection with your use of any features on our Site, you should not make such purchases or use such features.

2. General Use and Restrictions.

The contents of our Site, as well as any of our content on any affiliated Sites, are protected by copyright and trademark laws, and are the property of their owners. You can not repost or resale any of our content without permission, as it is our protected or proprietary content and assets. Unless otherwise noted, you may access and use the information and materials within the Sites for your personal use only. You may not change, modify, delete, display, transmit, reproduce, adapt, exploit, create derivative works of, reverse engineer, or copy for distribution or sale any information, material, trademark, or copyright on the Sites, or any of our affiliated Sites. You must obtain written permission from us or any other entity who owns intellectual property on the Sites before you may publish, distribute, display, or commercially exploit any material from the Sites and if you do not gain our written permission you will be held liable for significant damages. By using the Sites, you agree to these restrictions and to abide by all copyright notices. If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

3. Site Access Privileges

All the information that you provide through the Site must be accurate, complete and up to date.

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

We affirmatively disclaim any liability for any occasions on which our Site may be unavailable for your use.

4. Intellectual Property Rights

Material posted by HCA on our Site as well as the trademarks, service marks, and logos contained on our Site are owned by or licensed to HCA and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. HCA reserves all rights not expressly granted in, and to, our Site and the Materials on our Site.

Any third-party trademarks or trade names on this Site which are not those of HCA are the trademarks or trade names of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third-party trademarks is strictly prohibited.

5. Confidentiality and Non-Compete

Users of our Sites, and our affiliated Sites, hereby understand that the tools, processes, strategies, materials and information presented on these Sites are copyrighted and proprietary; so users agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives are prohibited. We will pursue legal action and full damages if any of these terms are violated in order to protect these rights.

6. Disclaimers

To the fullest extent permitted by applicable law, we hereby expressly disclaim all express and implied conditions, warranties, and other terms. This disclaimer includes, but is not limited to, implied warranties of merchantability and fitness for a particular purpose and any liability for direct, indirect, or consequential loss or damage incurred by any user in connection with our Site; or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it, and any materials posted on it, whether caused by negligence, breach of contract, or otherwise, even if foreseeable. Further, this disclaimer applies to any damages or injury caused, or alleged to be caused, by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, 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. We make no warranty or representation that the material on our Site is appropriate or available for use in any location or is compliant with all local laws. You acknowledge that access to our Site is at your own risk. We do not warrant that access to our Site will be uninterrupted, available at any particular time or location, that the Material is error­free, that errors and/or defects will be corrected, that your use of Material displayed on our site will not infringe rights of third parties, or that this Site or the server that makes it available are free of viruses or other harmful components.

In order to provide you with access to and usage of the Material on our Site, we offer and make no warranties or representations about any benefits or opportunities that you can obtain at this Site. Neither we nor any third parties provide any guarantees, representations, statements, or warranties of any kind, either expressed or implied, as to the accuracy, completeness, timeliness, correctness, and/or suitability of any information or materials displayed on our Site. You acknowledge that such information and materials may contain inaccuracies or errors.

7. Limitations of Liability

In order to provide you with access to, and usage of, the Material on our Site, to the fullest extent permitted by law, under no circumstances, including but not limited to negligence, neither we, nor any other party involved in creating producing or delivering this Site will be liable for any direct, indirect, incidental, consequential, special or punitive damages, however caused, arising out of your access to, use of, or reliance on any information or materials provided on the Site, including, without limitation, for any errors, inaccuracies, omissions, or other defects in, or lack of timeliness or inauthenticity of, the information contained on the Site, or for any delay or interruption of access to the information contained on the Site or transmission of data with you or any user, or for any claims or losses arising therefrom or occasioned thereby, even if we have been advised of the possibility of such damages.

By using this Site, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Site or the resources available for download from this Site. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from a guest or affiliate on our Site.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it. Further, we cannot, and do not, guarantee continuous, uninterrupted or secure access to the Site.

In no event shall the total liability to you by us, or any of our licensors or suppliers, for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites.

8. Indemnification

You agree, at your own expense, to indemnify, defend, and hold harmless the Released Parties (defined above) against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising in any way from: (a) your use of the Site; (b) your unauthorized use of any Material and/or HCA’s products or services: (c) your breach or violation of these Terms and any applicable laws; and/or (d) any allegation that any submissions or other materials you submit to us otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party. HCA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification, and in such case, you agree to cooperate with HCA in the defense of any such claim.

9. Links to Other Sites

From time to time, our Site may include links to other websites and resources provided by third parties. These links are provided solely for your convenience. Links are not intended to imply sponsorship, affiliation, or endorsement. We have no control over the contents of those sites or resources, do not endorse their content, and have no responsibility for any such sites or for any loss or damage that may arise from your use of them. Use or reliance on any external links provided and the content thereon is at your own risk. If you believe that we have provided a link to a site that contains infringing or illegal content, or which makes available “hacker” tools or other circumvention devices, we ask that you notify us so that we may evaluate whether, in our sole discretion, to disable it. You should review any available website terms of use and/or privacy policies on third-party sites before using such sites or sharing any information with such sites, because, under such third-party sites’ agreements and policies, you may be agreeing to terms and conditions that are different in scope and substance than those set forth in these Terms.

10. Parental Permission.

By using the Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless HCA if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use this Site at any time or in any manner or submit any information to HCA or this Site.

11. Termination

Your access privileges are conditions upon your adherence to these Terms. HCA may, in its sole discretion, restrict, suspend or terminate your right to access this Site for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Your Personal Information and Our Website Privacy Policy

You should carefully read our Privacy Policy, which is available on the homepage of this Site, before deciding to use this Site because it addresses our treatment of personal information you submit to us, including our use of cookies. By using this Site and submitting any personally identifiable information, you agree with, and consent to, the processing, transfer, usage, and/or storage of your personally identifiable information in accordance with our Privacy Policy. If you do not so agree and consent, then you should immediately exit this Site and discontinue all use of our Site. If you remain on our Site, or return at any point in the future, then you agree to the processing, transfer, usage, and/or storage of your personally identifiable information in accordance with our Privacy Policy.

13. Choice of Law and Arbitration

Except for any disputes relating to intellectual property rights, obligations or any infringement claims, which shall be governed by U.S. federal law, any disputes between you and HCA arising out of, or relating to, these Terms (“Disputes”) shall be governed by the laws of the State of Florida, United States regardless of your country of origin or where you access HCA, and notwithstanding any conflicts of law principles. All such disputes shall be construed in accordance with the laws of the United States and of the State of Florida as applied to transactions entered into, and to be performed by, wholly within Florida between Florida residents.

All Disputes arising out of, or relating to, these Terms (including formation, performance, breach, enforceability, and validity of these Terms) or our operation of this Site shall be resolved by final and binding arbitration through the American Arbitration Association to be held in the City of Bradenton, Florida, pursuant to the commercial rules of the American Arbitration Association. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part, of these Terms is void or voidable. Further, if you are located outside of the United States, we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other appropriate country.

Either party to these Terms may obtain preliminary injunctive relief in the Circuit Court of Bradenton, Florida, located in the City of Bradenton, Florida, for the purpose of enforcing any provision of these Terms pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.

14. Entire Agreement

These Terms, including the Privacy Policy, constitute the entire agreement between you and HCA relating to your access to, and use of, this Site and supersedes any prior or contemporaneous representations or agreements. These Terms may not be modified, either expressly or by implication, except as set forth herein in this Section.

15. Revisions

These Terms may be modified only by our posting of a revised version of these Terms on our Site. You agree that HCA may revise these Terms by posting a revised version of the Terms on our Site at any time without advance notice to you. Your right to access and use the Site at any point in time is conditioned on compliance with the Terms that are current at the time of such access. Thus, you should return to our Site and review these Terms from time to time. Any amendments, deletions and/or additions to these Terms will be effective and deemed to apply beginning from the time that the revised Terms are posted on our Site. Any such amendments, deletions and/or additions will not apply retroactively to events that occurred prior to such amendments, deletions and/or additions. Your continued use of our Site will constitute your agreement to any amended, deleted and/or added provisions within the revised Terms.

16. Construction

If any portion of these Terms is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of these Terms as possible.

17. Local Laws

We control and operate this Site from our headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

18. Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as. non-confidential and non-proprietary. You hereby assign all right. title, and interest in, and HCA is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that HCA is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

19. Contact

If you have any questions or concerns relating to these Terms of Use, please contact HCA’s Compliance Team via email at [email protected] or by mail to HCA Asset Management LLC, 5214 4th Avenue Circle East, Bradenton, FL 34208.