Terms of Use

Terms And Conditions Of Use & Privacy Policy

Posting Date: August 20, 2020

Effective Date: August 20, 2020

Welcome to the JScott Partners, LLC (“JSP”) website. Please review the following terms and conditions of use which govern your use of the Sites (the “Agreement”). This website is for education purposes only. It is not intended to provide investment, legal, tax, or financial advice. By reading Terms of Use and accessing our website you agree to our terms.

YOUR USE OF THE SITE 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 SITE.

Eligibility to Use the Site

As a condition of your access and use of the site, 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 site in accordance with this Agreement;
and all information supplied by you on the site, if any, is true, accurate, current and complete.

As a condition of accessing and using the site, you warrant to JSP you will not use the site for any purpose that is unlawful or prohibited by this Agreement or by federal, state, local or international law. JSP 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 site, including, but not limited to the infrastructure used to provide the content and information, is proprietary to JSP, our business partners or affiliates or the companies in which JSP partners. 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 site, as further described below. Additionally, you agree not to:

access, monitor or copy any content or information located on the site 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 site or bypass or circumvent other measures employed to prevent or limit access to the site;
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 Site 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 site 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 JSP to conflict with the spirit or intent of the site.

JScott Partners, LLC (“JSP”) respects your privacy and the security of your personal information.

This Privacy Policy (“Privacy Policy”) describes our information and privacy practices regarding the site owned by us. This Privacy Policy applies only to information collected on the site and does not apply to information collected offline or otherwise outside of the site. By browsing or using services on our site, you are accepting the practices described in this Privacy Policy and consent to our use of cookies and similar technologies.

Geographic Note

JSP provides commercial services from its offices in the United States. If you are visiting the site from outside the United States and provide us with personal information, please note that your personal information will be transferred, stored and processed within the United States, and you explicitly consent to this transfer.

Notwithstanding the foregoing, the site does not collect personally identifiable information from visitors.

Collection through Automated Collection Technologies

We gather certain information automatically through cookies and other industry standard collection mechanisms. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our Sites (e.g., HTML pages, graphics, etc.), your operating system, date/time stamp, the country or state from which you accessed our site, and/or clickstream data to analyze trends in the aggregate and administer the site.

In addition, JSP uses cookies, web beacons, or similar technologies to analyze trends, administer the site, track users’ movements around the site, and gather information about our user base as a whole.

A cookie is a small text file placed on your computer or mobile device as you navigate websites. Most browsers are set to accept cookies by default. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our site.

Web beacons (a.k.a. clear GIFs,, web bugs or pixel tags), are tiny graphics with a unique identifier, similar in function to cookies. Web beacons are embedded invisibly on web pages. We may use web beacons, in connection with our site to, among other things, track the activities of visitors, help us manage content, and compile statistics about usage of the site.

Personal Information of Children

JSP provides a service for commercial entities. We do not knowingly collect or retain personal information for children under the age of thirteen (13). Any information received from a child under the age of 13 will be removed from our system once we learn that it has been submitted to us. Please email us at the email address in the Contact Information section below if you believe we have personal information of a child under the age of 13.

Changes to This Privacy Policy

JSP may update this Privacy Policy from time to time. When we do make updates, we will also revise the “last updated” date at the top of this page. To the extent JSP makes any material change to this Privacy Policy, a message will be posted on the site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

No Investment Recommendations

The site do not contain any investment recommendations whatsoever. Reliance on any statements, materials, information, data, or resources made available in connection with the site 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 Site

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

Indemnification

By using the site, you agree to defend, indemnify and hold JSP 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:

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

JSP 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 JSP 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 site. Linked Third Party-Sites are not, however, reviewed, controlled, or examined by JSP in any way, and JSP is not responsible for the content, privacy policy, availability, advertising, products, or other materials of any such Linked Third-Party Sites. Therefore, JSP 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 JSP with respect to any Linked Third-Party Site or any products or services provided by a third party.

In no event shall JSP 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. JSP reserves the right, at its sole discretion, to remove, without notice, any link(s) to any of the Linked Third-Party Sites from the site. Our site may include links to other websites whose privacy practices may differ from ours. If you visit or submit personal information to any of those websites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any websites you visit.

No Harvesting

JSP prohibits the harvesting or collection of the e-mail addresses of JSP employees and representatives from the site to be used in violation of the CAN-SPAM Act. JSP 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 JSP 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 JSP 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 JSP 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 JSP

You may share your comments and questions with us as indicated on the “Contact Us” areas of the site. JSP makes every effort to read communications sent to us and to respond to the sender within an appropriate time. JSP will assume no responsibility, however, for reviewing unsolicited ideas for our business. Remember you are responsible for whatever material you submit, and that you, not JSP 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 JSP.

Termination

If you violate any provision of this Agreement, your permission to use the site shall automatically terminate, and you must immediately destroy any copies you have made of the site or any portion thereof. You or JSP 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 JSP 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 JSP or the content provider.

If you believe any materials accessible on or from the site infringe your copyright, you may request removal of those materials (or access thereto) from the site by contacting JSP’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.

(d) A statement that you have a good faith belief that the complaint-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 indicates 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 JSP’s agent for copyright issues relating to the Sites is as follows:

JScott Partners, LLC, 130 Inverness Plaza, Birmingham, AL 35242

Attn: General Counsel

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 site is operated by a U.S. entity and this Agreement is governed by the laws of the State of Alabama, USA, without regard to principals of conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts in Jefferson County, Alabama, USA, in all disputes arising out of or relating to the use of the site. Use of the site 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 JSP as a result of this Agreement or use of the site.

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 site 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 JSP with respect to the site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and JSP with respect to the site. 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.

Disclaimer

This website is operated by JScott Partners, LLC, a privately-held Alabama limited liability company. This website is intended solely to provide information regarding JSP potential for prospective clients or client companies. JScott Partners, LLC provides exit planning, valuation, and M&A Services. JScott Partners, LLC is not a registered broker-dealer or a registered investment advisor. Other services, such as securities-related transactions and investment advisory services are offered separately by affiliated entities. The information provided on this website is not intended to recommend any company described herein and is not an offer or sale of any security or investment advice. JSP provides advisory services only to prospective clients or client companies. Views and opinions expressed on site reflect only those individuals and do not reflect the views of any company or entity mentioned or affiliated with JSP. Site is purely educational and not intended to serve as a basis for investment or financial decision.

Terms And Conditions Of Use & Privacy Policy

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