Terms & Conditions

Last Updated: August 2022

This website www.hampshirere.com (the “Website”) is operated by The Hampshire Companies, LLC (“Hampshire”). These Terms & Conditions apply to your use of the Website. By entering our Website, you acknowledge that you have read and understand these Terms & Conditions, accept them, and agree to be legally bound by them without limitation or qualification.

Hampshire reserves the right, at its discretion, to change, modify, add or remove portions of these Terms & Conditions and the Privacy Policy at any time as new features are added to the Website or as Internet law and standards evolve. Accordingly, we suggest that you review these Terms & Conditions periodically for changes when you visit the Website. By using Hampshire’s Website after we have posted changes to these Terms & Conditions, you agree to be bound by the amended Terms & Conditions.

Your continued participation on this Website indicates your acceptance of these Terms & Conditions, including your acceptance of the Privacy Policy and of the collection, use, disclosure, management, and storage of your Personal Information (as defined in the Privacy Policy).

If you do not agree to these Terms & Conditions, you should exit the Website immediately.

No Offer or Advice
The content of this Website has been prepared for informational purposes only, without regard to any particular user’s investment objectives or financial condition, and we are not soliciting any action based upon it. The content of this Website is not to be construed as a recommendation, or an offer to buy or sell, or the solicitation of an offer to buy or sell, any security. Any offer or sale will be made only through a final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.

Nothing contained on this Website constitutes investment, legal or tax advice. You may want to consult your business advisor, attorney and/or tax accounting advisors concerning any contemplated transactions.

Use of the Website
You agree that you will not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Website (including with the delivery of any services), that you will not transmit any virus or worm to the Website, that you will not use any spider, robot, data mining tool or other automatic device, or any other manual process or means, to access the Website and/or its servers or systems to extract, download, monitor, gather, transmit or copy any of the data or material in the Website (including, without limitation, account information, listings, images, or descriptions), or for any other unauthorized purpose; and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited email to other users of the Website. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that is not intended for your use, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.

Other Terms
Some areas of the Website may have additional rules, guidelines, policies and/or other terms and conditions that apply to your access and/or use of that area of the Website and that may be revised from time to time (“Other Terms”).

If there is a conflict or inconsistency between any of these Terms & Conditions and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Website.

Disclaimers; No Warranties; Limitation on Liability
We have compiled this Website in good faith; however, this Website is provided on an “as is” basis with no warranties of any kind, either express or implied. The Website may contain technical inaccuracies, typographical errors, and out of date information. Hampshire makes no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and Hampshire makes no warranty that the Website will meet your requirements. We do not warrant that the Website will be available at any particular time or location, or that this Website is free from viruses or other harmful components. Your use of this Website or reliance upon any of the materials on it is solely at your own risk. Hampshire reserves the right to make changes to the Website at any time.

We are not responsible for any damages or injury, including but not limited to special or consequential damages, that result from the access or use of, or the inability to access or use, the materials on this Website, even if Hampshire has been advised of the possibility of such damages.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE WEBSITE, INCLUDING THE SOFTWARE AND SERVICES OFFERED ON OR THROUGH THE WEBSITE, IS AT YOUR OWN RISK. HAMPSHIRE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SOFTWARE, SERVICES AND/OR WEBSITE. HAMPSHIRE MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SOFTWARE, MATERIALS AND/OR SERVICES AVAILABLE FROM THE WEBSITE, ALL OF WHICH ARE BEING OFFERED “AS IS.” HAMPSHIRE MAKES NO WARRANTY OF NONINFRINGEMENT. HAMPSHIRE ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE, OR DOWNLOADING OF ANY SOFTWARE OR MATERIALS FROM THE WEBSITE.

Access
Certain areas of the Website may be restricted to authorized users who may be required to use a log-in ID and password that we have provided. You agree that you will be responsible for maintaining the confidentiality of your password(s) and any other Website access information, and not to provide such information to any other person except your employees, legal counsel and other professional advisors who have a need to access the Website and advise you regarding Hampshire. If you have a log-in ID and password, you agree that you are responsible for the activities that occur in connection with their usage and therefore, should take steps to protect them from misuse. You will immediately notify Hampshire if you become aware of any loss, theft or unauthorized use of the password and/or other Website access information.

Privacy
For our full Privacy Policy, see Privacy Policy.

Confidentiality
All information available through the restricted areas of the Website is confidential and proprietary to Hampshire, including all investment information and results, offering materials, financial statements and other information provided in this section of the Website. By accessing this area of the Website, you will use best efforts to keep all of this information strictly confidential. Except as permitted herein or in the Privacy Policy, you will not disclose any of this information to any person or use it for any purpose other than those expressly permitted by Hampshire, in writing.

Past Performance
Any performance data expressed on this Website is an indication of past performance and does not indicate or guarantee future results. No representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.

Links
This Website may contain links to, or may be linked from, websites controlled or offered by third parties. We hereby disclaim liability for, any information, materials, products or services posted or offered at any of the third-party websites linked to this Website. By creating a link to a third-party website, we do not endorse or recommend any products or services offered or information contained on that website, nor are we liable for any failure of products or services offered or advertised at those websites. Such third party may have a privacy policy different from that of Hampshire, and the third-party website may provide less security than the Hampshire Website.

Ownership
All content included on this Website, including graphics, logos, text, articles, presentations, photographs, and other materials, is the property of Hampshire or third parties and is protected by copyright and other laws. Except as otherwise noted, the Website is:

Copyright © 2022 The Hampshire Companies, LLC
All rights reserved.
All trademarks, service marks, trade names and logos displayed on this Website are proprietary of their respective owners, who may or may not be affiliated with Hampshire. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any content, trademark, service mark, trade name or logo displayed on this Website without the written permission of Hampshire or such other third party that may own such intellectual property displayed on this Website. Your use of any content, trademark, service mark, trade name or logo displayed on this Website, except as provided herein, is strictly prohibited.

Copyright and Permissions
Please feel free to browse the Website. In general, and unless otherwise posted, you may review and print copies of material from the Website, provided that the material (1) is used only for personal, non-commercial purposes, and (2) retains, without alteration, all copyright, trademark, and other proprietary notices displayed on the material as posted on the Website.

You are not permitted to make or distribute copies of material on the Website for any commercial purpose without prior written permission from Hampshire. None of the material contained on the Website (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of Hampshire.

Hampshire has a policy of terminating services to users who willfully and/or repeatedly infringe.

For further information regarding permission to use material from the Website, please contact Cheryll L. McMurray, Chief Administrative Officer, at 973-898-7289 or by e-mail at cmcmurray@hampshireco.com.

Trademarks
Many of the trademarks/service marks and/or logos (collectively the “Marks”) displayed on the Website identify the services and products of Hampshire and its affiliates, and inform the public as to the source of those services and products. Your misuse of any Mark is strictly prohibited, including without limitation, your use of Marks in any of the following ways:

In a manner likely to cause confusion;
To identify your products or services;
In, as, or part of your own trademarks or service marks;
In a manner that inaccurately implies a sponsorship, endorsement, or other connection with your products, services or other activities; or
In a manner that disparages or dilutes the Marks.

You agree not to display or otherwise inappropriately use the Marks without prior written permission from Hampshire. Please make such requests by email to cmcmurray@hampshireco.com. We will evaluate your request and respond as soon as possible.

Indemnification
You agree to indemnify and hold harmless Hampshire, its affiliates, officers, employees, and agents, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Website, including any software and/or services offered through the Website, content that you submit through the Website, and/or your breach of any of the provisions of the Terms & Conditions and/or the Privacy Policy.

Intellectual Property Limitation of Liability
Hampshire respects the intellectual property of others, and we ask visitors to our Website to do the same. If you believe your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the designated Copyright Agent of Hampshire:

Identification of the copyrighted work(s) that you claim has been infringed;
Identification of where the material that you claim to be infringing is located on the Website;
A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law, including the law of copyright fair use;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf;
Your address, telephone number, and e-mail address; and
Your physical or electronic signature.

The designated agent of Hampshire for notification of claims of copyright infringement on this Website can be reached as follows:

Address:
Designated Agent for Intellectual Property

The Hampshire Companies, LLC
Attn: Cheryll L. McMurray, Chief Administrative Officer

21 South Street
Morristown, NJ 07960
Telephone: 973-898-7289
Fax: 973-994-8306
E-mail: cmcmurray@hampshireco.com

Similarly, if you believe any of your trademarks or service marks has been infringed, or if you believe that your image has been used without your consent, please notify the designated agent of Hampshire.

International Use
This Website is operated and controlled by Hampshire in the United States. Due to the global nature of the Internet, this Website may be accessed by users in countries other than the United States. We make no warranties that materials on this Website are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this Website, then you should refrain from doing so. Those who choose to access this Website outside of the United States do so at their own initiative and are responsible for compliance with all local laws and regulations.

Dispute Resolution
Any action based on a breach of any provision of these Terms & Conditions shall be brought to the federal or local courts presiding in Morris County, New Jersey, United States, whichever is appropriate, and to whose jurisdiction you consent in such an action. If a breach is found by the court, the court shall have the right to issue an injunction, and grant to Hampshire its damages and attorneys’ fees and such other and further relief as the court may deem appropriate.

Governing Law
The Website shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the State of New Jersey applicable to contracts entered into and to be performed therein without regard to conflict of laws or choice of law principles. By visiting and using the Website, you consent to the jurisdiction of the courts presiding in New Jersey and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.

Compliance with Laws
You agree that you will not use the Website or the software or services provided on or through the Website for any purpose that is prohibited by these Terms & Conditions or that is unlawful. Further, you agree not to access, download, use or export the Website or software or services provided on or through the Website, in violation of U.S. export laws or regulations, or in violation of any other applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Website or software or services provided on or through the Website in violation of any such restrictions, laws, rules or regulations, or without all necessary approvals.

Force Majeure
Notwithstanding any other provision contained in these Terms & Conditions, in the event that the performance of any obligation of Hampshire is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond the reasonable control of Hampshire, then Hampshire shall not be responsible to you for any failure or delay in the performance of its obligations. Hampshire shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, Hampshire from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.

Headings
The headings of each of these Terms & Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.

No Assignment
You may not assign your rights or obligations under this Agreement without the prior express written consent of Hampshire.

No Waiver
Any failure by Hampshire to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.

Changes to the Terms & Conditions
No changes to these Terms & Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Website or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms & Conditions, unless such an amendment, waiver or change is in writing from an authorized officer or representative of Hampshire.

Complete Understanding
These Terms & Conditions constitute the entire understanding between Hampshire and you with respect to the Website.

BY USING THE WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS & CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE WEBSITE, YOU WARRANT THAT YOU WILL NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL.

Contact Us
Thank you for visiting our Website. Please contact Cheryll McMurray at cmcmurray@hampshireco.com or 973-898-7289 if you have any questions about our Website or these Terms & Conditions. Electronic mail or other communications through this Website to Hampshire (or any of its employees, agents or representatives) are not secure, and we do not guarantee the confidentiality of any such communications.