TERMS AND CONDITIONS OF USE

By accessing this web site and any materials presented herein, you accept in their entirety the following terms and conditions pertaining to the use of the site.  HC2 Capital, LLC and its affiliates (collectively, “HC2”) reserve the right to change the terms, conditions and notices under which this site is offered without notice at any time. Please check these Terms and Conditions of Use periodically for changes. Each use of the site constitutes your agreement to be bound by the then-current terms and conditions set forth in these terms of use.

NO OFFER OF SECURITIES

Information presented on this website does not constitute an offer or solicitation to sell investment products or services managed by HC2.  Such an offer or solicitation may only be made by means of delivery of a prospectus, private placement memorandum or other similar materials which contain a description of material terms and conditions relating to such investment.  Any such offer can and will be made only in jurisdictions in which such an offer would be lawful, and only to individuals who meet the required investor suitability and sophistication requirements of each such investment, including qualifying as accredited investors within the meaning of the Securities Act of 1933, as amended.  Access to information about any investment is similarly limited to individuals who meet the applicable investor suitability and sophistication requirements.  You are solely responsible for determining whether any investment is appropriate or suitable for you based on your investment objectives and personal and financial situation. Terms of investment and important risk disclosures are set forth in the offering documents and you are strongly encouraged to review such offering documents carefully with your attorney and/or tax professional.

INFORMATION AND LINKS TO THIRD PARTY WEBSITES

This site may contain links to third-party web sites or services that are not owned or controlled by HC2.  HC2 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You acknowledge and agree that HC2 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.  You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any communications which you may receive directly or indirectly from, or that may be directed to you from, any third party.  HC2 assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any such communications.

NO WARRANTY

HC2 AND ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THIS SITE. ANY CONTENT OF THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND. HC2 HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. 

LIMITATION OF LIABILITY

IN NO EVENT SHALL HC2, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY IN USING THE SITE, OR (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE, OR (III) OTHERWISE ARISING OUT OF THE USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF HC2 OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. In the event a jurisdiction limits our ability to disclaim liability, then, with regard to those jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

GENERAL

These Terms and Conditions of Use are governed by the internal laws of the State of Texas, without reference to their conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in Dallas County, Texas U.S.A., as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the site. If it is illegal or prohibited in your country of origin to access or use this site, then you should not do so. Those who choose to access this site outside the United States of America access it on their own initiative and are responsible for compliance with all local laws and regulations.

These Terms and Conditions of Use set forth the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. HC2 and all of its affiliated entities are intended third-party beneficiaries of these Terms and Conditions of Use. Our rights under these Terms and Conditions of Use may be waived by us only in writing. These Terms and Conditions of Use are binding on you as well as your successors and permitted assigns.

If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms and Conditions of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.