Hines Private Wealth Solutions Terms of Use

Please read these Terms of Use (these ​“Terms”) care­ful­ly before con­tin­u­ing. By access­ing or using the Site (as defined below), you agree to these Terms. If you do not agree to these Terms, you must not use the Site and must exit the Site immediately.

These Terms are between you and Hines Pri­vate Wealth Solu­tions LLC (“Hines PWS” or ​“the Firm” or ​“we” or ​“us”) con­cern­ing your use of (includ­ing any access to) the web­site cur­rent­ly locat­ed at www​.hine​spri​vatewealth​.com/​r​e​s​o​urces (togeth­er with any mate­ri­als and ser­vices avail­able there­in, and suc­ces­sor site(s) there­to, the ​“Site”).

These Terms were last updat­ed on June 4, 2020.

BY USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS.

IF YOU ARE AN INDI­VID­UAL ACCESS­ING OR USING THE SITE ON BEHALF OF, OR FOR THE BEN­E­FIT OF, ANY COR­PO­RA­TION, PART­NER­SHIP OR OTH­ER ENTI­TY WITH WHICH YOU ARE ASSO­CI­AT­ED (AN ​“ORGA­NI­ZA­TION”), THEN YOU ARE AGREE­ING TO THESE TERMS ON BEHALF OF YOUR­SELF AND SUCH ORGA­NI­ZA­TION, AND YOU REP­RE­SENT AND WAR­RANT THAT YOU HAVE THE LEGAL AUTHOR­I­TY TO BIND SUCH ORGA­NI­ZA­TION TO THESE TERMS. Ref­er­ences to ​“you” and ​“your” in these Terms will refer to both the indi­vid­ual using the Site and to any such Organization.

1. No Investment Advice or Recommendations

This Site and any infor­ma­tion, con­tent, data, text or oth­er mate­ri­als made avail­able through the Site are for infor­ma­tion­al and edu­ca­tion­al pur­pos­es only. None of the con­tent avail­able through this Site con­sti­tutes invest­ment, legal, and / or tax advice. Noth­ing on this Site shall be con­sid­ered a solic­i­ta­tion or offer to buy or sell any secu­ri­ty, or to offer or pro­vide any invest­ment, tax, finan­cial or legal advice or ser­vice to any per­son in any juris­dic­tion. Any overviews pro­vid­ed through this Site are intend­ed to be gen­er­al in nature. While intend­ed to be help­ful, these overviews are no sub­sti­tute for pro­fes­sion­al tax, finan­cial or legal advice or more detailed infor­ma­tion in the prospec­tus­es of the secu­ri­ties offered by the Firm. Poten­tial investors should seek such pro­fes­sion­al advice for their par­tic­u­lar sit­u­a­tion before invest­ing. Deci­sions based on infor­ma­tion pro­vid­ed through this Site are your sole respon­si­bil­i­ty and are made at your own risk.

If you wish to obtain fur­ther details about any infor­ma­tion con­tained on this Site, please con­tact us at investorrelations@​hines.​com.

2. Updates to the Site and Terms

We may change these Terms from time to time by noti­fy­ing you of such changes by any rea­son­able means, includ­ing by post­ing revised Terms through the Site. We sug­gest that you review these Terms peri­od­i­cal­ly for changes. The Terms can be accessed from links on the home page and oth­er pages of www​.hine​spri​vatewealth​.com/​r​e​s​o​urces. If you use this Site after we post changes to these Terms, you accept the changed terms.

3. Additional Agreements and Effect on Other Agreements

These Terms are in addi­tion to any oth­er agree­ment between you and Hines PWS, includ­ing those relat­ing to any con­tent avail­able via the Site.

Fur­ther, some por­tions of the Site and cer­tain con­tent may be sub­ject to addi­tion­al poli­cies, terms, con­di­tions, dis­claimers, notices and oth­er pro­vi­sions, which will be described sep­a­rate­ly on the applic­a­ble pages. By access­ing or using such por­tions or con­tent of the Site, you agree to com­ply with such addi­tion­al poli­cies, terms, con­di­tions, dis­claimers, notices and oth­er pro­vi­sions. Noth­ing con­tained in these Terms is intend­ed to mod­i­fy or amend any oth­er writ­ten agree­ment you may have with us or any of our affil­i­ates (includ­ing, with­out lim­i­ta­tion, any cus­tomer agree­ment, investor agree­ment, account agree­ment, par­tic­i­pa­tion agree­ment, or agree­ment to arbi­trate con­tro­ver­sies) (col­lec­tive­ly, ​“Oth­er Agree­ments”), if any, that may cur­rent­ly be in effect. To the extent that any such Oth­er Agree­ment or addi­tion­al pro­vi­sions are incon­sis­tent with or oth­er­wise con­flict with these Terms, such Oth­er Agree­ment or addi­tion­al pro­vi­sions shall control.

The Site may make avail­able, for cer­tain users, access to an investor login and/​or a due dili­gence plat­form. By access­ing or using any such por­tal or plat­form, you rep­re­sent and war­rant that you are autho­rized to do so with respect to the applic­a­ble account, and that you meet any oth­er applic­a­ble eli­gi­bil­i­ty cri­te­ria for such access and use. Any such por­tal or plat­form, includ­ing any con­tent, prod­ucts or ser­vices acces­si­ble through such por­tal or plat­form, may be sub­ject to addi­tion­al terms and con­di­tions between you and Hines Glob­al Income Trust, between you and Hines PWS, or between you and third par­ties, such as IntraLinks, DST Sys­tems and Crowd­Street (col­lec­tive­ly, ​“Addi­tion­al Terms”). To the extent of any con­flict between these Terms and the Addi­tion­al Terms, the Addi­tion­al Terms will con­trol with respect to their sub­ject mat­ter. To the extent that any Addi­tion­al Terms are incon­sis­tent with or oth­er­wise con­flict with any Oth­er Agree­ment, such Oth­er Agree­ment shall control.

The Site may also make avail­able for cer­tain users access to a part­ner por­tal oper­at­ed by affil­i­ates of the Firm. Users of any such por­tal are here­by agree­ing to com­ply with such Addi­tion­al Terms post­ed by the Firm.

4. Jurisdictional Issues; Applicable Law; Arbitration

Unless oth­er­wise spec­i­fied, Hines PWS con­trols and oper­ates this Site from the State of Texas, Unit­ed States of Amer­i­ca. The ser­vices and prod­ucts avail­able for indi­vid­ual investors and infor­ma­tion pro­vid­ed through this Site about those ser­vices and prod­ucts are direct­ed to and are intend­ed to be made avail­able only to per­sons in the Unit­ed States and are not intend­ed for dis­tri­b­u­tion to, or use by, any per­son in any oth­er coun­try or any juris­dic­tion where such dis­tri­b­u­tion or use would be con­trary to applic­a­ble laws or reg­u­la­tions or that would sub­ject Hines PWS or any of its affil­i­at­ed per­sons to any reg­is­tra­tion require­ment with­in such juris­dic­tion or coun­try. Per­sons who access this Site do so on their own ini­tia­tive, and are respon­si­ble for com­pli­ance with applic­a­ble local laws and/​or reg­u­la­tions. We may lim­it the Site’s avail­abil­i­ty at any time, in whole or in part, to any per­son, geo­graph­ic area or juris­dic­tion that we choose.

The laws of the State of Texas and applic­a­ble U.S. fed­er­al law, with­out regard to its prin­ci­ples of con­flicts of law, and regard­less of your loca­tion, shall gov­ern these Terms. If you take legal action relat­ing to these Terms, you agree to file such action only in state court in Har­ris Coun­ty, Texas, or fed­er­al court with­in the South­ern Dis­trict of Texas, and you con­sent and sub­mit to the per­son­al juris­dic­tion of those courts for the pur­pos­es of lit­i­gat­ing any such action.

Arbitration

THIS ARBI­TRA­TION SEC­TION DOES NOT APPLY TO YOU IF YOU ARE A CUS­TOMER OF HINES PRI­VATE WEALTH SOLU­TIONS LLC OR IF YOU ARE A PAR­TY TO ANY OTH­ER AGREE­MENT THAT CON­TROLS, AS SET FORTH IN SEC­TION 3 OF THESE TERMS.

EXCEPT FOR DIS­PUTES THAT QUAL­I­FY FOR SMALL CLAIMS COURT, ALL DIS­PUTES ARIS­ING OUT OF OR RELAT­ED TO THESE TERMS, WHETHER BASED IN CON­TRACT, TORT, STATUTE, FRAUD, MIS­REP­RE­SEN­TA­TION OR ANY OTH­ER LEGAL THE­O­RY, WILL BE RESOLVED THROUGH FINAL AND BIND­ING ARBI­TRA­TION BEFORE A NEU­TRAL ARBI­TRA­TOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT HINES PRI­VATE WEALTH SOLU­TIONS LLC AND YOU ARE EACH WAIV­ING THE RIGHT TO TRI­AL BY A JURY. SUCH DIS­PUTES INCLUDE, WITH­OUT LIM­I­TA­TION, DIS­PUTES ARIS­ING OUT OF OR RELAT­ING TO INTER­PRE­TA­TION OR APPLI­CA­TION OF THIS ARBI­TRA­TION PRO­VI­SION, INCLUD­ING THE ENFORCE­ABIL­I­TY, REVO­CA­BIL­I­TY OR VALID­I­TY OF THE ARBI­TRA­TION PRO­VI­SION OR ANY POR­TION OF THE ARBI­TRA­TION PRO­VI­SION. ALL SUCH MAT­TERS SHALL BE DECID­ED BY AN ARBI­TRA­TOR AND NOT BY A COURT OR JUDGE.

YOU AGREE THAT ANY ARBI­TRA­TION UNDER THESE TERMS WILL TAKE PLACE ON AN INDI­VID­UAL BASIS; CLASS ARBI­TRA­TIONS AND CLASS ACTIONS ARE NOT PER­MIT­TED AND YOU ARE AGREE­ING TO GIVE UP THE ABIL­I­TY TO PAR­TIC­I­PATE IN A CLASS ACTION. THE ARBI­TRA­TION WILL BE ADMIN­IS­TERED BY THE AMER­I­CAN ARBI­TRA­TION ASSO­CI­A­TION UNDER ITS CON­SUMER ARBI­TRA­TION RULES, AS AMEND­ED BY THESE TERMS. THE CON­SUMER ARBI­TRA­TION RULES ARE AVAIL­ABLE ONLINE AT https://​www​.adr​.org/​s​i​t​e​s​/​d​e​f​a​u​l​t​/​f​i​l​e​s​/​C​o​n​s​u​m​e​r​-​R​u​l​e​s.pdf. THE ARBI­TRA­TOR WILL CON­DUCT HEAR­INGS, IF ANY, BY TELE­CON­FER­ENCE OR VIDEO­CON­FER­ENCE, RATHER THAN BY PER­SON­AL APPEAR­ANCES, UNLESS THE ARBI­TRA­TOR DETER­MINES UPON REQUEST BY YOU OR BY US THAT AN IN-PER­SON HEAR­ING IS APPRO­PRI­ATE. ANY IN-PER­SON APPEAR­ANCES WILL BE HELD AT A LOCA­TION WHICH IS REA­SON­ABLY CON­VE­NIENT TO BOTH PAR­TIES WITH DUE CON­SID­ER­A­TION OF THEIR ABIL­I­TY TO TRAV­EL AND OTH­ER PER­TI­NENT CIR­CUM­STANCES. IF THE PAR­TIES ARE UNABLE TO AGREE ON A LOCA­TION, SUCH DETER­MI­NA­TION SHOULD BE MADE BY THE AAA OR BY THE ARBI­TRA­TOR. THE ARBITRATOR’S DECI­SION WILL FOL­LOW THE TERMS OF THESE TERMS AND WILL BE FINAL AND BIND­ING. THE ARBI­TRA­TOR WILL HAVE AUTHOR­I­TY TO AWARD TEM­PO­RARY, INTER­IM OR PER­MA­NENT INJUNC­TIVE RELIEF OR RELIEF PRO­VID­ING FOR SPE­CIF­IC PER­FOR­MANCE OF THESE TERMS, BUT ONLY TO THE EXTENT NEC­ES­SARY TO PRO­VIDE RELIEF WAR­RANT­ED BY THE INDI­VID­UAL CLAIM BEFORE THE ARBI­TRA­TOR. THE AWARD REN­DERED BY THE ARBI­TRA­TOR MAY BE CON­FIRMED AND ENFORCED IN ANY COURT HAV­ING JURIS­DIC­TION THERE­OF. NOTWITH­STAND­ING ANY OF THE FORE­GO­ING, NOTH­ING IN THESE TERMS WILL PRE­CLUDE YOU FROM BRING­ING ISSUES TO THE ATTEN­TION OF FED­ER­AL, STATE OR LOCAL AGEN­CIES AND, IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.

5. Monitoring

We may (but have no oblig­a­tion to) mon­i­tor any and all use of this Site.

6. Our Proprietary Rights

We and our sup­pli­ers own and oper­ate the Site, which is pro­tect­ed by pro­pri­etary rights and laws. All names, logos and trade­marks are the prop­er­ty of the Firm or its affil­i­ates, relat­ed com­pa­nies, licen­sors or joint ven­ture part­ners. You may not use our names, logos or trade­marks in con­nec­tion with any prod­uct or ser­vice that is not ours, or in any man­ner that is like­ly to cause con­fu­sion. Noth­ing con­tained on the Site should be con­strued as grant­i­ng any right to use any names, logos and trade­marks with­out the express pri­or writ­ten con­sent of the owner.

7. Copyright Agent

Hines PWS respects the intel­lec­tu­al prop­er­ty rights of oth­ers, and we ask all those that access the Site to do the same. Pur­suant to Title 17, Unit­ed States Code, Sec­tion 512(c)(2) of the Copy­right Revi­sion Act, as enact­ed through the Dig­i­tal Mil­len­ni­um Copy­right Act, Hines PWS des­ig­nates an agent as described below, to receive noti­fi­ca­tions of claimed infringe­ment. If you believe in good faith that your work has been copied in a way that con­sti­tutes copy­right infringe­ment, please pro­vide Hines PWS’s Copy­right Agent with the fol­low­ing writ­ten information:

  • an elec­tron­ic or phys­i­cal sig­na­ture of the per­son autho­rized to act on behalf of the own­er of the copy­right interest;
  • a descrip­tion of the copy­right­ed work that you claim has been infringed;
  • a descrip­tion of where the mate­r­i­al that you claim is infring­ing is locat­ed on the Site;
  • your address, tele­phone num­ber, and e‑mail address;
  • a state­ment by you that you have a good faith belief that the dis­put­ed use is not autho­rized by the copy­right own­er, its agent, or the law;
  • a state­ment by you, made under penal­ty of per­jury, that the above infor­ma­tion in your notice is accu­rate and that you are the copy­right own­er or autho­rized to act on the copy­right own­er’s behalf.

Hines PWS’s Copy­right Agent for notice of claims of copy­right infringe­ment on the Site is LeRon­i­ca Hill who can be reached as follows:

By mail: c/​o LeRon­i­ca Hill, 845 Texas Avenue, Suite 3300, Hous­ton, TX 77002
By phone: 713−966−7611
By email: leronica.​hill@​hines.​com
All inquiries not rel­e­vant to this pro­ce­dure will not receive a response.

8. Rules of Conduct

This Site is for your per­son­al and non-com­mer­cial use only. In con­nec­tion with the Site, you shall not (and shall not per­mit any third par­ty to):

  • Obtain or attempt to obtain any mate­ri­als or infor­ma­tion through any means not inten­tion­al­ly made avail­able to you by us.
  • Copy, repro­duce, repub­lish, upload, post, trans­mit, dis­play, per­form, pub­lish, license, cre­ate deriv­a­tive works from, trans­fer, sell or dis­trib­ute in any way any por­tion of, or con­tent from, this Site in any man­ner incon­sis­tent with the pur­pos­es for which it is offered by Hines PWS to its cus­tomers, prospec­tive cus­tomers or mem­bers of the gen­er­al public.
  • Use the Site for any unlaw­ful, unau­tho­rized, fraud­u­lent or mali­cious purpose.
  • Post, trans­mit or oth­er­wise make avail­able through or in con­nec­tion with the Site any mate­ri­als that are or may be (a) threat­en­ing, harass­ing, defam­a­to­ry or objec­tion­able or (b) pro­tect­ed by any pro­pri­etary or pri­va­cy right with­out the express writ­ten per­mis­sion of the applic­a­ble owner.
  • With­out our express writ­ten per­mis­sion, copy, mod­i­fy, or dis­play the Hines name or logo, or any text, graph­ic images, or oth­er con­tent from the Site. (To request express writ­ten per­mis­sion, con­tact us.)
  • Remove any copy­right, trade­mark or oth­er pro­pri­etary rights notice from the Site.
  • Include ​“Hines,” ​“Hines Pri­vate Wealth Solu­tions” or any oth­er Hines trade­mark, the name of any Hines per­son­nel, or any vari­a­tion of any of the fore­go­ing, as a meta-tag, hid­den tex­tu­al ele­ment, or any oth­er indi­ca­tor that may cre­ate a false or mis­lead­ing impres­sion of affil­i­a­tion, spon­sor­ship, or endorse­ment between any user and/​or site and Hines and/​or Hines PWS, and/​or any secu­ri­ties offered by the Firm.
  • Frame or mir­ror any por­tion of the Site, or oth­er­wise incor­po­rate any por­tion of the Site into any prod­uct or ser­vice, with­out our express writ­ten permission.
  • Trans­mit or upload any mate­r­i­al to the Site that con­tains virus­es, Tro­jan hors­es, worms, time bombs, immoral or any oth­er harm­ful or dele­te­ri­ous programs.
  • Inter­fere with or dis­rupt the oper­a­tion of the Site or the servers or net­works used to make the Site avail­able, includ­ing by hack­ing or defac­ing any por­tion of the Site; or vio­late any require­ment, pro­ce­dure or pol­i­cy of such servers or networks.
  • Reverse engi­neer, decom­pile or dis­as­sem­ble any por­tion of the Site, except where such restric­tion is express­ly pro­hib­it­ed by applic­a­ble law.
  • Use any robot, spi­der, site search/​retrieval appli­ca­tion or oth­er man­u­al or auto­mat­ic device to retrieve, index, ​“scrape,” ​“data mine” or oth­er­wise gath­er Site con­tent, or repro­duce or cir­cum­vent the nav­i­ga­tion­al struc­ture or pre­sen­ta­tion of the Site, with­out our express writ­ten per­mis­sion. Notwith­stand­ing the fore­go­ing, and sub­ject to com­pli­ance with any instruc­tions post­ed in the robots.txt file locat­ed in the Site’s root direc­to­ry, we grant to the oper­a­tors of pub­lic search engines per­mis­sion to use spi­ders to copy mate­ri­als from the Site for the sole pur­pose of (and sole­ly to the extent nec­es­sary for) cre­at­ing pub­licly avail­able, search­able indices of such mate­ri­als, but not caches or archives of such mate­ri­als. We reserve the right to revoke such per­mis­sion either gen­er­al­ly or in spe­cif­ic cas­es, at any time and with­out notice.
  • Sys­tem­at­i­cal­ly down­load and store Site content.
  • Col­lect, har­vest or store infor­ma­tion about users of the Site or oth­er­wise use the Site in a man­ner that is incon­sis­tent with their pri­va­cy or data pro­tec­tion rights or our Pri­va­cy Pol­i­cy.
  • Use the account, login iden­ti­fi­ca­tion, or pass­word of anoth­er par­ty to access the website.
  • Restrict or inhib­it any oth­er per­son from using the Site.

Cre­ate a link to the Site unless the user or the oper­a­tor of the oth­er web­site has exe­cut­ed the Firm’s stan­dard agree­ment for the grant­i­ng of per­mis­sion to estab­lish such a link.

9. Registration and Privacy

You may need to reg­is­ter to use all or part of the Site. We may reject, or require that you change, any user­name, pass­word or oth­er infor­ma­tion that you pro­vide to us in reg­is­ter­ing. Your user name and pass­word are for your per­son­al use only and should be kept con­fi­den­tial; you, and not Hines PWS, are respon­si­ble for any use or mis­use of your user name or pass­word, and you must prompt­ly noti­fy us of any con­fi­den­tial­i­ty breach or unau­tho­rized use of your user name or pass­word, or your Site account. You rep­re­sent and war­rant that any infor­ma­tion you pro­vide in con­nec­tion with the Site is and will remain accu­rate and com­plete, and that you will main­tain and update such infor­ma­tion as needed.

For infor­ma­tion on how Hines PWS uses the per­son­al infor­ma­tion you may pro­vide on this Site, please read our Pri­va­cy Pol­i­cy.

10. Third Party Materials and Linked Sites

Cer­tain Site func­tion­al­i­ty may make avail­able access to con­tent made avail­able by third par­ties (“Third Par­ty Mate­ri­als”) or allow for the rout­ing or trans­mis­sion of such Third-Par­ty Mate­ri­als, includ­ing via links. Links on the Site will let you leave this Site. Hines PWS is pro­vid­ing these links to you only as a con­ve­nience, and the inclu­sion of any link does not imply endorse­ment by Hines PWS of the site or its con­tent. We nei­ther con­trol nor endorse, nor are we respon­si­ble for, any Third-Par­ty Mate­ri­als or linked sites, includ­ing the accu­ra­cy, valid­i­ty, time­li­ness, com­plete­ness, reli­a­bil­i­ty, integri­ty, qual­i­ty, legal­i­ty, use­ful­ness or safe­ty there­of, or any intel­lec­tu­al prop­er­ty rights there­in. Noth­ing in these Terms shall be deemed to be a rep­re­sen­ta­tion or war­ran­ty by Hines PWS with respect to any Third-Par­ty Mate­ri­als. Your use of any Third-Par­ty Mate­ri­als is entire­ly at your own risk and is sub­ject to any addi­tion­al terms, con­di­tions and poli­cies applic­a­ble to such Third-Par­ty Materials.

11. Disclaimer of Warranties

TO THE FULLEST EXTENT PER­MIT­TED UNDER APPLIC­A­BLE LAW: (A) CON­TENT MADE AVAIL­ABLE THROUGH THIS SITE ARE SUB­JECT TO APPLIC­A­BLE STATUTES AND REG­U­LA­TIONS, AND ARE PRO­VID­ED ON AN ​“AS IS,” ​“WHERE IS” AND ​“WHERE AVAIL­ABLE” BASIS AND WITH­OUT WAR­RANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND (B) WE DIS­CLAIM ALL WAR­RANTIES WITH RESPECT TO THE SITE AND ANY THIRD PAR­TY MATE­RI­ALS, WHETHER EXPRESS OR IMPLIED, INCLUD­ING, BUT NOT LIM­IT­ED TO, ALL IMPLIED WAR­RANTIES OF MER­CHANTABIL­I­TY, FIT­NESS FOR A PAR­TIC­U­LAR PUR­POSE, TITLE AND NON-INFRINGE­MENT. WE DO NOT WAR­RANT OR MAKE ANY REP­RE­SEN­TA­TIONS REGARD­ING THE USE OR THE RESULTS OF THE USE OF THE MATE­RI­ALS IN THIS SITE IN TERMS OF THEIR COR­RECT­NESS, ACCU­RA­CY, RELI­A­BIL­I­TY, OR OTH­ER­WISE. THE MATE­RI­ALS IN THIS SITE COULD INCLUDE TECH­NI­CAL INAC­CU­RA­CIES OR TYPO­GRAPH­I­CAL ERRORS.

WE ARE NOT RESPON­SI­BLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE SITE OR ITS OPER­A­TION. WITH­OUT LIM­IT­ING THE GEN­ER­AL­I­TY OF THE FORE­GO­ING, WE MAKE NO WAR­RAN­TY THAT: (i) THE OPER­A­TION OF THE SITE WILL MEET THE USER’S REQUIRE­MENTS; (ii) ACCESS TO THE SITE WILL BE UNIN­TER­RUPT­ED, TIME­LY, SECURE, FREE OF VIRUS­ES OR OTH­ER HARM­FUL COM­PO­NENTS, OR FREE OF ERRORS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCU­RATE OR RELI­ABLE; OR (iv) DEFECTS WILL BE COR­RECT­ED. YOU ASSUME THE ENTIRE COST OF ALL SER­VIC­ING, REPAIR, OR COR­REC­TION THAT MAY BE NEC­ES­SARY FOR YOUR COM­PUT­ER EQUIP­MENT AND SOFT­WARE AS A RESULT OF ANY VIRUS­ES, ERRORS OR OTH­ER PROB­LEMS YOU MAY HAVE AS A RESULT OF VIS­IT­ING THIS SITE.

ALL DIS­CLAIMERS OF ANY KIND (INCLUD­ING IN THIS SEC­TION AND ELSE­WHERE IN THESE TERMS) ARE MADE FOR THE BEN­E­FIT OF BOTH HINES PRI­VATE WEALTH SOLU­TIONS LLC AND ITS AFFIL­I­ATES AND THEIR RESPEC­TIVE DIREC­TORS, OFFI­CERS, EMPLOY­EES, AFFIL­I­ATES, AGENTS, REP­RE­SEN­TA­TIVES, LICEN­SORS, SUP­PLI­ERS AND SER­VICE PROVIDERS (COL­LEC­TIVE­LY, THE ​“AFFIL­I­AT­ED ENTI­TIES”), AND THEIR RESPEC­TIVE SUC­CES­SORS AND ASSIGNS.

12. Limitation of Liability

TO THE FULLEST EXTENT PER­MIT­TED UNDER APPLIC­A­BLE LAW:

(A) IN NO EVENT SHALL HINES PRI­VATE WEALTH SOLU­TIONS LLC OR THE AFFIL­I­AT­ED ENTI­TIES BE LIABLE FOR ANY DAM­AGES OR INJURY OR LOSS OF ANY KIND, INCLUD­ING ANY DIRECT, SPE­CIAL, INCI­DEN­TAL, CON­SE­QUEN­TIAL OR PUNI­TIVE DAM­AGES, THAT MAY RESULT FROM THE USE OF, OR THE INABIL­I­TY TO USE, THE SITE OR ITS CON­TENT OR ANY THIRD PAR­TY MATE­RI­ALS, OR THE LOSS OF DATA, PROF­ITS, OTH­ER INTAN­GI­BLES, OR SECU­RI­TY OF DATA (INCLUD­ING UNAU­THO­RIZED INTER­CEP­TION BY THIRD PAR­TIES), WHETHER IN AN ACTION OF CON­TRACT, NEG­LI­GENCE OR OTH­ER TOR­TIOUS ACTION;

(B) WE SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHO­RIZED REP­RE­SEN­TA­TIVE HAS BEEN ADVISED OF THE POS­SI­BIL­I­TY OF SUCH DAM­AGES, WHICH INCLUDE BUT ARE NOT LIM­IT­ED TO DAM­AGES OR INJURY CAUSED BY ERROR, OMIS­SION, INTER­RUP­TION, DEFECT, FAIL­URE OF PER­FOR­MANCE, DELAY IN OPER­A­TION OR TRANS­MIS­SION, LINE FAIL­URE OR COM­PUT­ER VIRUS OR OTH­ER HARM­FUL COMPONENT;

(C) YOUR SOLE AND EXCLU­SIVE REM­E­DY FOR DIS­SAT­IS­FAC­TION WITH THE SITE OR ANY THIRD-PAR­TY MATE­RI­ALS IS TO STOP USING THE SITE; AND

(D) THE MAX­I­MUM AGGRE­GATE LIA­BIL­I­TY OF HINES PRI­VATE WEALTH SOLU­TIONS LLC AND THE AFFIL­I­AT­ED ENTI­TIES FOR ALL DAM­AGES, LOSS­ES AND CAUS­ES OF ACTION, WHETHER IN CON­TRACT, TORT (INCLUD­ING NEG­LI­GENCE) OR OTH­ER­WISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, SOLE­LY FOR THE RIGHT TO ACCESS THIS SITE.

ALL LIM­I­TA­TIONS OF LIA­BIL­I­TY OF ANY KIND (INCLUD­ING IN THIS SEC­TION AND ELSE­WHERE IN THESE TERMS) ARE MADE FOR THE BEN­E­FIT OF BOTH HINES PRI­VATE WEALTH SOLU­TIONS LLC AND THE AFFIL­I­AT­ED ENTI­TIES, AND THEIR RESPEC­TIVE SUC­CES­SORS AND ASSIGNS.

13. Indemnity

To the fullest extent per­mit­ted under applic­a­ble law, you agree to defend, indem­ni­fy and hold harm­less Hines PWS and the Affil­i­at­ed Enti­ties, and their respec­tive suc­ces­sors and assigns, from and against all claims, lia­bil­i­ties, dam­ages, judg­ments, awards, loss­es, costs, expens­es and fees (includ­ing attor­neys’ fees) aris­ing out of or relat­ing to (a) your use of, or activ­i­ties in con­nec­tion with, the Site; and (b) any vio­la­tion or alleged vio­la­tion of these Terms by you. We will have the right to defend, set­tle, and com­pro­mise any such claim with coun­sel of our own selec­tion, and you will coop­er­ate as ful­ly as rea­son­ably required in the defense there­of. You will not in any event set­tle any mat­ter with­out our writ­ten consent.

14. Termination

These Terms are effec­tive until ter­mi­nat­ed. We may ter­mi­nate or sus­pend your access to or use of the Site at any time and with­out pri­or notice, for any or no rea­son, includ­ing if we believe that you have vio­lat­ed or act­ed incon­sis­tent­ly with the let­ter or spir­it of these Terms. Upon any such ter­mi­na­tion or sus­pen­sion, your right to access and use the Site will imme­di­ate­ly cease, and we may, with­out lia­bil­i­ty to you or any third par­ty, imme­di­ate­ly deac­ti­vate or delete your user name, pass­word and account, and all asso­ci­at­ed mate­ri­als, with­out any oblig­a­tion to pro­vide any fur­ther access to such mate­ri­als. Sec­tions 1 and 3–15 shall sur­vive any expi­ra­tion or ter­mi­na­tion of these Terms.

15. Miscellaneous

These Terms do not, and shall not be con­strued to, cre­ate any part­ner­ship, joint ven­ture, employ­er-employ­ee, agency or fran­chisor-fran­chisee rela­tion­ship between you and the Firm. If any pro­vi­sion of these Terms is found to be unlaw­ful, void or for any rea­son unen­force­able, that pro­vi­sion will be deemed sev­er­able from these Terms and will not affect the valid­i­ty and enforce­abil­i­ty of any remain­ing pro­vi­sion. You may not assign, trans­fer or sub­li­cense any or all of your rights or oblig­a­tions under these Terms with­out our express pri­or writ­ten con­sent. We may assign, trans­fer or sub­li­cense any or all of our rights or oblig­a­tions under these Terms with­out restric­tion. No waiv­er by either par­ty of any breach or default under these Terms will be deemed to be a waiv­er of any pre­ced­ing or sub­se­quent breach or default. Any head­ing, cap­tion or sec­tion title con­tained here­in is for con­ve­nience only, and in no way defines or explains any sec­tion or pro­vi­sion. All terms defined in the sin­gu­lar shall have the same mean­ings when used in the plur­al, where appro­pri­ate and unless oth­er­wise spec­i­fied. Any use of the term ​“includ­ing” or vari­a­tions there­of in these Terms shall be con­strued as if fol­lowed by the phrase ​“with­out lim­i­ta­tion.” These Terms, includ­ing any terms and con­di­tions incor­po­rat­ed here­in, is the entire agree­ment between you and the Firm relat­ing to the sub­ject mat­ter here­of, and super­sedes any and all pri­or or con­tem­po­ra­ne­ous writ­ten or oral agree­ments or under­stand­ings between you and the Firm relat­ing to such sub­ject mat­ter. Notices to you (includ­ing notices of changes to these Terms) may be made via post­ing to the Site or by e‑mail (includ­ing in each case via links), or by reg­u­lar mail. With­out lim­i­ta­tion, a print­ed ver­sion of these Terms and of any notice giv­en in elec­tron­ic form shall be admis­si­ble in judi­cial or admin­is­tra­tive pro­ceed­ings based upon or relat­ing to these Terms to the same extent and sub­ject to the same con­di­tions as oth­er busi­ness doc­u­ments and records orig­i­nal­ly gen­er­at­ed and main­tained in print­ed form. We will not be respon­si­ble for any fail­ure to ful­fill any oblig­a­tion due to any cause beyond our con­trol.
If you have any ques­tions, com­plaints or com­ments regard­ing this Site, you may con­tact us at investorrelations@​hines.​com.