Terms of Use

TERMS OF USE
Effective as of April 20, 2018

Thank you for visiting our website.

 

Agreement

PLEASE READ THESE TERMS AND CONDITIONS (THE “TERMS”) CAREFULLY BEFORE USING OUR WEBSITE (THE “SITE”). THE SITE IS AVAILABLE ONLY TO, AND MAY ONLY BE USED BY, INDIVIDUALS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, THE SITE IS NOT AVAILABLE TO PERSONS UNDER AGE 18. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU ACKNOWLEDGE YOUR UNDERSTANDING OF, ACCEPT WITHOUT LIMITATION OR QUALIFICATION, AND AGREE TO BE BOUND BY, THE TERMS AND CONDITIONS HEREIN AND AS MODIFIED FROM TIME TO TIME. THESE TERMS, INCLUDING ALL DOCUMENTS REFERENCED HEREIN, CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND STANDARD DIVERSIFIED AND GOVERNS YOUR ACCESS TO AND USE OF THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS IN THEIR THEN CURRENT FORM. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.

Standard Diversified Inc. and its affiliates (collectively, “Standard Diversified”) reserve the right to change, modify, add or remove portions of the Terms or other documents referenced herein at any time for any reason, without notice, and in our sole discretion.

 

Use of This Website

This Site is owned and operated by, or on behalf of, Standard Diversified. Access, distribution and/or use of this Site is subject to all applicable laws and regulations. To the extent that access, distribution and/or use of this Site would be deemed illegal by applicable law, such access, distribution and/or use is prohibited.

Standard Diversified grants you a non-exclusive, non-transferable and limited personal license to access and use the Site for your personal and non-commercial use, conditioned on your continued compliance with these Terms. As an authorized user, you represent and warrant that you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms, will be responsible for all activity on the Site and will not delete any material nor violate or attempt to violate the security of the Site. In addition, you may not modify, copy (except as set forth below), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Site. You may not link other websites to the Site without Standard Diversified’s prior written permission. Unauthorized access to and/or use of this Site, including but not limited to misuse of posted information, is strictly prohibited.

You are prohibited from using the Site to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper or other automated means to access the Site for any purpose without the prior written permission of Standard Diversified. You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Standard Diversified’s infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures that we may use to prevent or restrict access to the Site. You shall not, directly or indirectly, reverse engineer, decompile, disassemble, translate or convert any computer programs used to access the Site. Any special rules for the use of certain software and other content accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference. Any rights not expressly granted herein are reserved.

 

Forward Looking Statements

THE SITE MAY INCLUDE FORWARD LOOKING STATEMENTS THAT INVOLVE RISKS AND UNCERTAINTIES CONCERNING THE OPERATIONS, PROSPECTS, STRATEGIES, FINANCIAL CONDITION AND FUTURE ECONOMIC PERFORMANCE OF STANDARD DIVERSIFIED’S BUSINESSES, AS WELL AS STANDARD DIVERSIFIED’S INTENTIONS, PLANS AND OBJECTIVES, THAT ARE BEYOND THE CONTROL OF STANDARD DIVERSIFIED. THESE STATEMENTS ARE BASED UPON A NUMBER OF ASSUMPTIONS AND ESTIMATES WHICH ARE SUBJECT TO SIGNIFICANT UNCERTAINTIES, MANY OF WHICH ARE BEYOND THE CONTROL OF STANDARD DIVERSIFIED. WHEN USED ON THE SITE, WORDS LIKE “ANTICIPATES,” “EXPECTS,” “BELIEVES,” “ESTIMATES,” “SEEKS,” “PLANS,” “INTENDS,” “WILL” AND SIMILAR EXPRESSIONS ARE INTENDED TO IDENTIFY FORWARD-LOOKING STATEMENTS DESIGNED TO FALL WITHIN SECURITIES LAW SAFE HARBORS FOR FORWARD-LOOKING STATEMENTS. THE SITE AND THE INFORMATION CONTAINED HEREIN DO NOT CONSTITUTE AN OFFER OR SOLICITATION OF AN OFFER FOR SALE OF ANY SECURITIES. NONE OF THE INFORMATION CONTAINED HEREIN IS INTENDED TO BE, AND SHALL NOT BE DEEMED TO BE, INCORPORATED INTO ANY OF OUR SECURITIES OFFERING MATERIALS, SECURITIES FILINGS OR DOCUMENTS.

 

Ownership of Content

The Site and all of its content, including but not limited to all text, graphics, charts, audio, logos, images, data compilations, icons, code and software (“Content”), are the property of Standard Diversified and are protected by U.S. and international copyright and other intellectual property and related laws, rules and regulations, with all rights reserved unless otherwise noted. All trademarks, service marks, trade names and other product and service names and logos displayed on the Site are proprietary to Standard Diversified, including all registered and unregistered trademarks and service marks of Standard Diversified. Notwithstanding the foregoing, if the Site includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their respective owners, and are protected by applicable trademark and intellectual property laws (See “Privacy” below for additional information). Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site without the prior written permission of Standard Diversified or such third party that may own the trademarks displayed on this Site. You may not use the trademarks displayed on the Site. Your use of any Content, whether owned by Standard Diversified or any third party, without Standard Diversified’s express written permission, is prohibited except as otherwise expressly permitted in these Terms. Without limiting the foregoing, you are prohibited from using any of Standard Diversified’s copyrighted material or trademarks for any purpose, including, but not limited to, use as metatags, links or otherwise on any website, without the prior written permission of Standard Diversified.

 

Privacy

This Privacy Policy covers only data collected through the Site and not any other data collection or processing, including, without limitation, data collection practices of other websites that are not controlled and/or maintained by Standard Diversified to which we link or data that we or our affiliates collect offline.

With respect to our internal security procedures, Standard Diversified takes reasonable steps to maintain physical, electronic, and procedural safeguards in order to protect your personal data from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Standard Diversified also requires third party companies that we hire and to whom we disclose data to keep such information confidential and to use it only to provide the services we have contracted with them to perform.

Standard Diversified may, itself or through a third party vendor, collect technical and usage data passively provided through the use of “cookies”, which are small pieces of data sent to your computer browser from our web server and stored on your computer’s hard drive, or voluntarily provided by you while visiting the Site. User-provided data may include contact information, information related to the business you represent or information related to the financial information services you have requested. We may, but have no obligation to, monitor and record activity on the Site for any reason or for no reason. We may investigate any complaint or reported violation of the Terms. We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate or take any other action that we deem appropriate.

When you communicate with Standard Diversified electronically, via email or otherwise, you shall have consented to receive electronic communications from Standard Diversified. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Standard Diversified satisfy any legal requirement that such communication be in writing.

From time to time, the Site may contain links to other websites that are not controlled and/or maintained by Standard Diversified. Access to and use of such other websites is at your own risk and subject to any terms and conditions of use which govern such websites. By providing such links, Standard Diversified shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites. Standard Diversified is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations. Moreover, such other websites may have privacy policies or terms and conditions of use that differ from those of Standard Diversified and/or may provide their users with less security than the Site. See “Ownership of Content” above for additional information.

 

Intellectual Property

 

Standard Diversified values intellectual property and respects the intellectual property rights of others and will remove materials on its Site that infringe the copyrights of others. If you believe that your copyrighted material may have been infringed by material contained on this Site, then pursuant to Title 17, United States Code, § 512, you may notify Standard Diversified’s Designated Agent in writing as follows:
Standard Diversified Inc.
155 Mineola Blvd, Mineola, NY 11501
(516) 248-1100
[email protected]

 

Indemnity

As a condition of your use of the Site, you hereby agree to indemnify and hold Standard Diversified and its officers, directors, members, principals, investors, agents, and employees harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorney’s fees), as incurred, arising from your use of the Site or related services or from your violation of the Terms. You agree to indemnify, defend and hold harmless Standard Diversified, its parent, subsidiary and affiliated entities and each of their respective owners, officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorney’s fees) arising from or in connection with your use of the Site and/or any violation of these Terms. You agree that your representations and warranties and your obligation to indemnify Standard Diversified shall survive beyond any term that these are in effect.

 

Miscellaneous

You agree that no joint venture, partnership, employment or agency relationship exists between you and Standard Diversified as a result of these Terms or use of the Site.

Standard Diversified’s performance of these Terms is subject to existing laws and legal process, and nothing in these Terms is in derogation of Standard Diversified’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Standard Diversified with respect to such use.

By reviewing or using the information on the Site after accessing the Site, you represent and warrant that (a) you have the authority to enter into these Terms and create a binding contractual obligation, (b) you understand and intend these Terms to be the legal equivalent of a signed, written contract equally binding, and (c) you will use the information on the Site in a manner consistent with applicable laws and regulations and in accordance with these Terms, as Standard Diversified may amend them online or otherwise from time to time. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on 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.

These Terms constitute the entire agreement between you and Standard Diversified with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Standard Diversified with respect to the Site. No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy. No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth.

You shall not assign or otherwise transfer these Terms, in whole or in part, or delegate or subcontract any of its rights or obligations hereunder, without Standard Diversified’s prior written consent. Any attempted transfer or delegation by you without Standard Diversified’s consent will be void. These Terms will bind and inure to the benefit of each party’s successors and permitted assigns.

 

Governing Law

Use of this Site and these Terms shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. If any portion of these Terms is deemed unenforceable, unlawful or void by a Court of competent jurisdiction, then that portion of the Terms will be deemed severable and will not affect the enforceability or validity of the remaining portions of these Terms.

Standard Diversified does not claim that materials in the Site are appropriate or available for use in locations other than those within the United States. If you choose to access the Site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.

 

If you have any questions or comments concerning our Site or these Terms, please contact us at:
Standard Diversified Inc.
155 Mineola Blvd, Mineola, NY 11501
(516) 248-1100
[email protected]