OUR TERMS AND CONDITIONS


TERMS AND CONDITIONS FOR THE EATON PARTNERS WEBSITE

This is a Terms of Use Agreement (the “Agreement”) between you and Eaton Partners, LLC (“Eaton Partners”), the owner of the website which has a registered domain name of www.eatonpartnersllc.com (the “Website”), regarding the terms and conditions of your use of this Website. By using or accessing this Website, you acknowledge that you have read and understand this Agreement and agree to all of its terms and conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT IN THEIR ENTIRETY, THEN YOU ARE NOT AUTHORIZED TO USE OR ACCESS THIS WEBSITE.

This Agreement was posted to this Website on March 27th 2014 and was last updated on this date. This Agreement may be amended from time to time. You should visit this page regularly to keep yourself informed of the most current version of this Agreement as its content is subject to change without notice to you of any kind.

The terms “us”, “we” and “our” refer to Eaton Partners. The term “you” refers to each individual user of our Website.

Grant of Right of Use and Access

We hereby grant you the right to access and use the Website provided that you are in agreement with and will continue to acknowledge and/or abide by the following terms and conditions:

The written content, information, materials, images, photographs and other content contained on the pages of this Website (collectively the “Content”) are for your personal and/or legitimate business use only and shall not be used by you for any commercial purposes whatsoever.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the Content found or offered on this Website for any particular purpose. You acknowledge that such Content may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

You assume any and all risks related to your use of and/or access to the Website, as well as the Content on this Website, and we shall not be liable for any damages you sustain as a result of these risks.

We own, license or are permitted to use all the Content on this Website. Subject to any specific restrictions stated in this Agreement or otherwise posted on the Website, you may download, copy, transmit, or distribute one copy of any portion of the Content on the Website (but not the entire Content on the Website) for your personal and/or legitimate business uses, so long as you don’t sell, license or otherwise use the Content for any commercial purposes. Except as expressly authorized herein or otherwise permitted by the fair use doctrine under applicable copyright laws, you may not download, copy, distribute, transmit, publish, upload or reproduce in whole or in part, exploit commercially, or edit or modify any of the Content on this Website without our prior written consent and the written consent of any third party that owns the copyright or other intellectual property rights to the Content.

From time to time this Website may also include links to other websites. These links are provided for your convenience only to provide further information. They do not signify that we endorse any linked websites. You acknowledge that we have no responsibility for the content of any linked website or for any damages you sustain as a result of your use of and/or access to any linked websites. Should you leave this Website by clicking on a link provided herein, you do so at your own risk.

You may not create a link to this Website from any other website without obtaining our prior, written permission. You may request permission by sending your name, address, website URL, and the type and nature of website(s) from which you want this Website to be linked to: [email protected]

You may not post any advertisements or other content on the Website without our prior, written permission.

You acknowledge that your use of and/or access to this Website and the Content does not give you any right, title or interest of any kind in the Website or the Content.

We reserve the right to discontinue this Website, any aspect of the Website, or any of the Content at any time without notice to you. We make no warranties or representations that the Website or any of its Content will be provided to you without interruption.

Your continued right to use and access the Website is subject to your compliance with all of the terms and conditions of this Agreement, as may be amended from time to time. Your use of and access to this Website in an unauthorized manner may give rise to a claim for civil damages and other legal penalties against you.

Termination and Limitation of Access and Use

We may terminate your rights to use and access the Website at any time, or we may suspend, restrict or otherwise limit your rights to use and access the Website at any time, if in our sole discretion, we determine that you are in violation of or may have violated any of the terms and conditions of this Agreement. You agree that we will not be liable to you or to any third party for any such termination and/or limitation of your rights to use and access this Website.

Privacy Policy

Our Privacy Policy describes how we use and protect any information that you may give us when you use this Website and any other personal information that you may provide to us. The Privacy Policy is incorporated into this Agreement as if set forth at length herein. Our Privacy Policy can be located here.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Disclaimer of Warranties and Representations

THIS WEBSITE AND ANY CONTENT CONTAINED ON THIS WEBSITE ARE ALL MADE AVAILABLE TO YOU ON AN “AS IS, WHERE IS” BASIS AND WITH ALL FAULTS, LATENT OR MANIFEST, INCLUDED. YOU HEREBY AGREE THAT YOUR USE OF AND ACCESS TO THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK.

EATON PARTNERS, TOGETHER WITH ALL OF OUR MANAGERS, MEMBERS, OFFICERS, EMPLOYEES AND AGENTS, SUPPLIERS AND CONTENT PROVIDERS (COLLECTIVELY THE “EATON PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU WITH RESPECT TO THIS WEBSITE AND HEREBY SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE OR THE CONTENT CONTAINED ON THIS WEBSITE, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, ARISING OUT OF THE COURSE OF DEALING, COURSE OF PERFORMANCE, CUSTOMS OF TRADE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT AND ANY REPRESENTATIONS REGARDING ACCURACY, TRUTHFULNESS AND OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THIS WEBSITE OR THE QUALITY OF THIS WEBSITE AND ITS CONTENT.

Liability Exclusion and Release

You hereby acknowledge that the Eaton Parties will have no liability to you whatsoever, to the fullest extent permitted by law, in connection with your use of and/or access to this Website and any of the Content. The Eaton Parties hereby specifically assumes no liability for any damages arising out of or related to: (1) any errors, inaccuracies or omissions contained in any of the Content; (2) any personal injuries or property damage resulting to you or to any third party from your use of and/or access to the Website, (3) any unauthorized access to your personal information and/or financial information by any third parties through the Website, and (4) any viruses, Trojan horses or malware that you may acquire due to your use of and/or access to the Website. These specific exclusions of liability are provided as examples only and shall not in any way limit or reduce our exclusion of all liability hereunder. You should use your best judgment and exercise caution when and where appropriate while using this Website.

While effort has been taken to ensure that thIS WEBSite AND ITS CONTENT ARE free from viruses, TROJAN HORSES AND/OR MALWARE (COLLECTIVELY “MALWARE”), YOU HEREBY ACKNOWLEDGE THAT EATON PARTNERS DOES NOT GUARANTEE THAT IT IS free from MALWARE. You HEREBY are responsible for ensuring that you have installed adequate and up-to-date MALWARE- checking software. YOU HEREBY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIRS TO ANY COMPUTER OR TO ANY OTHER EQUIPMENT ARISING OUT OF OR RELATED TO YOUR USE OF AND/OR ACCESS TO THIS WEBSITE.

YOU HEREBY ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE EATON PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES THAT YOU SUSTAIN, OR THAT YOU CAUSE ANY THIRD PARTY TO SUSTAIN, WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OF AND/OR ACCESS TO THIS WEBSITE AND ANY OF ITS CONTENT, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES AS WELL AS ANY DAMAGES FOR LOST REVENUES OR LOST PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR ANY THIRD PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE EATON PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, LOSSES, LIABILITIES, REASONABLE ATTORNEYS’ FEES, COSTS AND EXPENSES OF ANY KIND THAT THEY MAY SUSTAIN IN CONNECTION WITH ANY CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, LAWSUITS, LEGAL, ADMINISTRATIVE OR CIVIL PROCEEDINGS WHATSOEVER, MADE BY YOU OR ANY OTHER THIRD PARTY, WHETHER KNOWN OR UNKNOWN, WHICH PRESENTLY EXIST OR MAY HEREAFTER EXIST IN THE FUTURE, WHICH ARISE OUT OF OR ARE RELATED TO YOUR USE OF AND/OR ACCESS TO THIS WEBSITE OR YOUR BREACH OF ANY OF YOUR OBLIGATIONS HEREUNDER, AND/OR YOUR FAILURE TO ABIDE BY ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Copyright Notice

This Website is the copyright of Eaton Partners, LLC effective beginning in 2014 and continuing in all future years. All rights reserved. The Content contained on this Website is the copyright of Eaton Partners, except to the extent that Eaton Partners is licensed or otherwise permitted to use any Content from third parties.

Digital Millennium Copyright Act Notice

If you are a copyright owner or an agent thereof and believe that any use or display of any of the Content on this Website, infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In response to any notice submitted to us, we will respond in any appropriate manner that is authorized by the DMCA, including but not limited to by submitting a counter-notice to you or by removing any potentially infringing Content from the Website.

The address for our designated Copyright Agent, as registered with the United States Copyright Office, to receive notifications of any claimed copyright infringement is:

Copyright Agent

c/o Eaton Partners, LLC
131 Rowayton Avenue
Rowayton, CT 06853
Email: [email protected] (put “Attention Copyright Agent” in the reference line).

Trademark Notice

Eaton Partners® is the registered trademark of Eaton Partners, LLC. All rights reserved.

Compliance with Local Laws

This Website is controlled and offered by Eaton Partners from its facilities in Connecticut. We make no representations that the Website and its Content are appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own risk and shall be responsible for compliance with their local laws.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut. Any disputes arising from matters relating to the Website shall be subject to the jurisdiction of the state and federal courts of Connecticut and you hereby irrevocably consent to the personal jurisdiction of such courts.

Severability

If any of these terms and conditions of this Agreement should be determined to be illegal, invalid or otherwise unenforceable by any reviewing court of competent jurisdiction, such illegal, invalid or unenforceable terms shall be severed and deleted from this Agreement, only within the jurisdiction of such reviewing court, and the remaining terms and conditions of this Agreement shall survive, remain in full force and effect and continue to be binding and enforceable to the maximum extent permitted by law.

Entire Agreement

This Agreement constitutes the entire agreement between you and us with respect to use of and access to the Website, and it supersedes any prior or contemporaneous agreements and communications, whether oral or written, between you and us with respect to its subject matter.

Successors and Assigns

The terms and conditions of this Agreement will inure to the benefit of Eaton Partners its affiliates and each of its respective successors and assigns. The terms and conditions of this Agreement will be binding on you and your heirs, executors, administrators, any permitted assigns, and your personal representatives.

No Waiver

No waiver by either party of any breach of this Agreement will be deemed a continuing waiver of such breach or a waiver of any other provision or subsequent breach of that provision.

Rights Reserved

Any rights not expressly granted to you by this Agreement are hereby reserved to Eaton Partners.

Products and Services

Not all of our products and services described on this Website are available at all of our locations. You should contact our local office in your jurisdiction for additional information.

Past Performance and Representative Matters

Any past performances mentioned on this Website are not indicative of any future results. Any transactions listed on this Website are representative matters only and are not indicative of overall performance. Accordingly, you should rely on them as a basis for making any decisions.

Securities Disclaimers

Nothing on this Website shall be deemed to constitute an offer or solicitation for an offer for the purchase and sale of any security. Eaton Partners is not providing any investment or other financial advice on this Website and, therefore, you should not consider any of the Content on the Website to be a recommendation to buy or sell any securities.