INTELLECTUAL PROPERTY RIGHTS
You acknowledge that HNW has the right but not the obligation to use and display any postings or contributions of any kind and that HNW may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
HNW does not accept or consider unsolicited creative ideas, suggestions or materials. You agree that any creative ideas, suggestions or other materials you submit are to us – whether or not solicited by us – are not being submitted in confidence or trust, and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. You further acknowledge that HNW may already have such ideas in use, or in the planning stages for use.
DISCLAIMER OF WARRANTIES
The information, products and services offered on or through the site and by hnw and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, or the servers that make it available, are free of viruses or other harmful components.
INTERACTIVE FEATURES AND RULES
This Site may include a variety of features that allow feedback to us and real-time interaction between us and members. We do not control the information posted by Members and are not responsible for the content of such information. It is a condition of your use of the Site that you do not:
- Restrict or inhibit any other user from using and enjoying the Site.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
HNW may host message boards, chats and other public forums on its Site. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. HNW or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by HNW staff, HNW’s outside contributors, or by users not connected with HNW, some of whom may employ anonymous user names. HNW expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of HNW or any of its subsidiaries or affiliates.
HNW has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
MEMBER REGISTRATION AND PASSWORDS
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and to ensure that you exit from your account at the end of each session. You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any suspected unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information, and you may be held liable for any damage or prejudice that might affect HNW or third parties as a result of the incorrect use, loss or theft of your password or account.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site, including our articles, white papers, updates, services, or third-party materials or services made available through the site or by us in any way, even if we are advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. in such states, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site, any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials.
This site is continually under development and hnw makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.
You agree at all times to defend, indemnify and hold harmless HNW, its affiliates, successors, transferees, assignors, assignees, licensors and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
You agree not to disclose information you obtain from us and or from our clients. All information submitted to us by another end-user is proprietary information. Such customer information is confidential and may not be disclosed by you. You agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
In the event of a dispute, you or HNW must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You and HNW will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first. EXCEPT FOR CASES DECIDED IN SMALL CLAIMS COURT, YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
If you and HNW do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision may be final except for a potentially limited right of appeal. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. You and HNW agree to submit to the personal jurisdiction of the courts located in HNW, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
NO CLASS ACTIONS
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor HNW will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
WAIVER AND SEVERABILITY
HNW provides a range of services to funds, special purpose vehicles, joint ventures, carry vehicles, co-investment vehicles and management companies. Our services include:
- Assistance with fund formation;
- Anti-money laundering (AML) and Know Your Client (KYC) limited partner / investor verification;
- Review of operational documentation
- Introduction to intermediaries including legal advisers, auditors and tax advisers;
- Opening of bank accounts;
- Set up of general ledger and mapping to underlying charts of accounts;
- Investor reporting tailored to fund manager specification incorporating industry best practices; and
- Introduction of independent non-executive directors.
- Maintenance of limited partners’ capital accounts;
- Upkeep of company or partnership registers;
- Maintenance of limited partners subscriptions / investor contacts;
- Calculation of capital calls, distributions and transfers of limited partners interest;
- Timely response to limited partners / investors questions;
- Tndependent carry calculations in line with LPA;
- Administration of issues and redemptions;
- Oversight of the investment process ensuring alignment to investment criteria set out in the LPA;
- Provision of registered office and company secretarial services;
- Preparation of regulatory filings;
- General Partner (GP) meetings;
- Processing of statutory returns;
- Ongoing compliance with anti-money laundering requirements;
- Tax, CRS and FATCA reporting where required.
- Investor reporting;
- Preparation of financial statements;
- Maintenance of full accounting records of the fund including nominal ledger;
- Calculation of net asset values (NAVs);
- Calculations of fees and accruals;
- Facilitating payment of fund level expenses;
- Oversight and coordination of the audit process;
- Provision of information required for tax returns; and
- Coordination of information from property or development managers.
HNW also provides a range of services to special purpose vehicles (SPVs):
- Registered office and company secretarial services;
- Maintenance of statutory records;
- Board meetings and annual general meetings (AGMs);
- Preparation of board packs and board minutes;
- Anti-money laundering (AML) and Know Your Client (KYC) limited partner / investor verification;
- Provision of directors; and
- FATCA reporting.
- Periodic management reporting;
- Production of annual financial statements; and
- Coordination of audit.