Terms of Use

Thank you for visiting www.rosemontinv.com (the “Website”), which is owned and operated by Rosemont Investment Group, LLC (“Rosemont”). These terms and conditions (“Terms of Use”) govern your access to and use of the Website as well as the content, functionality, goods and/or services offered through the Website. Throughout these Terms, the terms “we,” “us,” and “our” refer to Rosemont and the terms “you” and “your” refer to any visitor to or user of the Website.

These Terms of Use are effective as of: January 4, 2019

Please carefully read these Terms of Use before you start using the Website. By accessing or browsing the Website you agree to be legally bound, without limitation or qualification, to these Terms of Use and to our Privacy Policy located at www.rosemontinv.com. If you do not agree to all, or any, of the provisions in these Terms of Use or our Privacy Policy please immediately exit and make no further use of the Website.

Subject to these Terms of Use, the Website allows you to obtain information about Rosemont and its services and provides you with Rosemont’s contact information so that you may contact Rosemont via telephone, email, or U.S. mail.

You Must Be At Least 18 Years of Age

By using the Website or providing us with any information as a result of your use of the Website, you represent and warrant that you are at least eighteen (18) years of age or of legal age to form a binding contract with Rosemont. If you do not meet all of these requirements, you must not access or use this Website. We do not collect personally identifiable information from any person whom we actually know is under the age of eighteen (18).

Changes to the Website and/or Terms of Use

From time to time and without providing notice to you, we will make changes or improvements to the information or features included on the Website. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

Additionally, from time to time and in our sole discretion, we will change or make additions to these Terms of Use, in which case we will post the revised Terms of Use on the Website and the revised Terms of Use will be effective immediately upon posting.

By continuing to use the Website after we post any such changes or additions, you accept the Terms of Use, as modified. You are responsible for reviewing the most current version of the Terms of Use before using the Website to ensure that you are aware of any changes or additions to the Terms of Use, as they are binding on you. If at any time you do not agree to the changes or additions, you should immediately cease all use of and access to the Website. You agree that these methods of providing notice and acceptance of changes or additions to these Terms of Use and to the Website are reasonable.

Your Responsibility

You represent that all of the information, data, and other materials you provide on the Website or to Rosemont through any other means, are true, accurate, and complete. You are responsible for updating and correcting the information you have provided on the Website or to Rosemont through any other means, as appropriate.

You represent and warrant that you will only use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To interfere with or disrupt the servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

 

Additionally, you agree not to:

    • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
    • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
    • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
    • Use any device, software, or routine that interferes with the proper working of the Website.
    • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
    • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
    • Otherwise attempt to interfere with the proper working of the Website.
    • Link or deep-link to the Website for any purpose except as described in these Terms of Use.
    • Frame the Website, place pop-up windows over its pages, or otherwise affect the display of the Website.
    • Display, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website.

 

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content, including but not limited to news articles, provided by third parties, including materials provided by third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Rosemont, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Rosemont. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Intellectual Property

Unless otherwise indicated, the Website and its design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, features, and functionality as well as all underlying software and technology are protected under applicable copyright, trademark and other proprietary laws, including but not limited to those of the United States, and all rights therein are the property of Rosemont or the material is included with the permission of the rights owner.

Permission is hereby granted to you to the extent necessary to allow you to lawfully access and use the Website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of the Website on a temporary basis and for your individual non-commercial use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. Rosemont neither warrants nor represents that use of content displayed on the Website will not infringe rights of third parties not owned by or affiliated with Rosemont.

TRADEMARKS. Certain of the names, logos, and other materials displayed on the Website constitute trademarks, tradenames, service marks or logos (“Marks”) of Rosemont or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Rosemont or those other entities.

COPYRIGHTS; RESTRICTIONS ON USE. The content made available to you through the Website, including without limitation, text, databases, software, code, music, sound, photos, and graphics (“Our Content”), is: (a) copyrighted by Rosemont and/or its licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by Rosemont or its licensors. Except as permitted in the Terms of Use, Our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, performed, displayed, or redistributed in any way without our prior written permission and/or the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content.

Linking to the Website and Links from the Website

You may link to the homepage of the Website provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Subject to the foregoing, you must not: cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; link to any part of the Website other than the homepage; otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

The Website may include links to other sites and resources provided by third parties. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of such sites. If you decide to access any third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use of such websites.

Monitoring and Enforcement; Termination

We have the right to: (a) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and (b) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of the letter or spirit of these Terms of Use. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS ROSEMONT AND ITS AFFILIATES, LICENSEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ROSEMONT DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER ROSEMONT OR LAW ENFORCEMENT AUTHORITIES.

Mobile Services

The Website may be available via mobile devices. When accessing the Website through a mobile device, you agree to be responsible for all of your wireless service carrier’s standard charges, data rates and other applicable fees. You agree that your use of the Website will comply with the usage rules established by your service provider and agree to be solely and fully liable to the extent your use of the Website do not comply with such usage rules.

Limitation of Liability and Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES, AND MAY BE INCOMPLETE, MAY CONTAIN ERRORS OR MAY HAVE BECOME OUT OF DATE. TO THE FULLEST EXTENT PERMITTED PER APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY CONTENT, INFORMATION, DATA, OR MATERIALS MADE AVAILABLE TO YOU ON OR THROUGH THE WEBSITE. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION BY YOU OR ANY OTHER VISITOR OF THE WEBSITE OR BY ANYONE WHO MAY BE INFORMED OF ITS CONTENTS.

ROSEMONT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND ANY SERVICES OFFERED THEREON, AND/OR ANY CONTENT, INFORMATION, DATA, AND/OR MATERIALS AVAILABLE THEREFROM, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.

TO THE FULLEST EXTENT PERMITTED PER APPLICABLE LAW, ROSEMONT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE (i) ACCURACY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF THE WEBSITE OR OF THE INFORMATION, DATA, CONTENT, AND/OR MATERIALS PROVIDED THEREON OR AVAILABLE THEREFROM, (ii) THE ABILITY TO ACCESS THE WEBSITE (OR ANY CONTENT PROVIDED DATA THEREON); OR (iii) THE QUALITY AND SECURITY OF THE WEBSITE, INCLUDING WHETHER THE WEBSITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS, AND WHETHER YOU WILL BE ABLE TO ACCESS THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE WEBSITE. WHEN USING THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF ROSEMONT. ACCORDINGLY, ROSEMONT ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, LOSS, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE, AND YOU (AND NOT ROSEMONT) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.

These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in herein may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out herein shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.

Limitation of Damages and Remedies

YOU AGREE THAT ROSEMONT, ITS AFFILIATES OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS, AND/OR DIRECTORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH ACCESSING, USING, YOU INABILITY TO ACCESS, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM THE WEBSITE OR ANY WEBSITE LINKED THERETO. YOU FURTHER AGREE THAT ROSEMONT SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING INFORMATION MADE AVAILABLE THROUGH THE WEBSITE. IN NO EVENT WILL ROSEMONT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, EVEN IF ROSEMONT OR ITS EMPLOYEES, AGENTS, OFFICERS, AND/OR DIRECTORS KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ROSEMONT’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS OF USE SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

ANY CLAIMS MADE BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR ITS CONTENT, MUST BE BOUGHT BY YOU WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. ALL REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THE TERMS OF USE.

Indemnification

You agree to indemnify, defend and hold harmless Rosemont, its affiliates, licensors, and services providers, and their respective officers, directors, agents, employees, consultants ,licensors, suppliers, successors, and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur, resulting from, or alleged to result from: (i) your violation of these Terms of Use or your use of the Website, including but not limited to any use of the Website’s content or your use of any information obtained from the Website; and (ii) your violation of any applicable law, regulation, rule or order pertaining to your use of the Website.

No Extraterritoriality

Rosemont is based in the United States of America and makes no claims that the Website is appropriate for, or may be accessed, downloaded or used by, persons residing outside of the United States of America. Rosemont makes no representation that the Website is appropriate or may legally be used in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Website is prohibited from jurisdictions where the Website, or its content, is illegal.

Those who choose to access the Website do so on their own initiative and are responsible for compliance with applicable laws. You may not use or export any products in violation of U.S. export laws and regulations or the export laws and regulations of any other country. Access to the Website may not be legal by certain persons in certain countries. If you access the Website from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Jurisdiction and Choice of Law

You agree that all matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with Rosemont, including without limitation any claim involving Rosemont or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents: (i) you will submit to the jurisdiction of the courts of the State of Delaware, and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.

Entire Understanding

These Terms of Use constitute the entire agreement between Rosemont and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral.

If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Assignment

We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without our prior written permission. Any attempt by you to assign your rights under these Terms of Use without the permission of Rosemont shall be void.

Headings

The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.

Severability and Non-Waiver

Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right herein on any occasion will not constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.

Survivability and Reservation of Rights

The following provisions of the Terms of Use survive the expiration or termination of the Terms of Use for any reason whatsoever: Limitation of Liability and Disclaimer of Warranties, Limitation of Damages and Remedies, Termination, Indemnity, Jurisdiction and Choice of Law. Rosemont reserves all rights not expressly granted to you herein.

Rosemont’s Contact Information

If you have any questions regarding these Terms of Use or any other matter, you can contact Rosemont at:

Rosemont Investment Group, LLC
200 Barr Harbor Drive, Suite 400
West Conshohocken, PA 19428
E-mail: info@rosemontinv.com