Terms and Conditions of Use of Hatteras Sky Information Portal (“Agreement”):
As consideration for receiving access to information through the Hatteras Sky Information Portal (the “Portal), I (“User”) agree to the following terms and conditions:
1. Except as otherwise expressly provided herein, all information supplied to the User through this Portal is “Confidential Information.” The term “Confidential Information” shall not include information that the User can demonstrate by competent written proof: (a) is now, or hereafter becomes, through no act or failure to act on the part of the User, in the public domain; (b) is known by the User at the time of receiving such information, as evidenced by its records; (c) is independently developed by or for the User by employees or contractors who did not have access to the Confidential Information; or (d) is hereafter furnished to the User by a third party, as a matter of right and without restriction on disclosure.
2. The User shall maintain all Confidential Information in trust and confidence and shall not, directly or indirectly, disseminate or otherwise disclose any Confidential Information to any third party without the written consent of Hatteras Sky, except as provided below. The User may only disclose and disseminate Confidential Information to those affiliates, employees, or agents of the User with a need to know, and only after such affiliates, employees, or agents have been advised of the confidential nature of such information and are bound by an obligation of confidentiality to the User under terms substantially similar to the terms of this Agreement.
3. Notwithstanding any other provision of this Agreement, disclosure of Confidential Information shall not be prohibited if such disclosure: (a) is in response to a valid order of a court or other governmental body of the United States or any political subdivision thereof; provided, however, that the responding party shall first have given notice to Hatteras Sky and shall have made a reasonable effort to obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued; or (b) is otherwise required by law.
4. The User may use such Confidential Information only to the extent required to accomplish the Purpose. In particular, the User shall not, directly or indirectly, commercially exploit any real estate, product, or service that contains, is based upon, or is derived from Hatteras Sky’s Confidential Information. No rights or licenses to trademarks, copyrights, patents, or any other proprietary rights of Hatteras Sky are implied or granted under this Agreement.
5. All Confidential Information (including all copies thereof) shall at all times remain the property of Hatteras Sky and shall be returned to Hatteras Sky upon request of Hatteras Sky.
7. Unless earlier terminated as provided below, this Agreement shall continue in full force and effect for twenty-four (24) months from the Effective Date. The confidentiality provisions of this Agreement shall survive for a period of three (3) years from the date of such expiration or termination.
8. It is expressly understood that this Agreement is not intended to, and does not, constitute an offer or agreement (of any kind) to consummate a business relationship or transaction of any kind, or to enter into any definitive agreement in that regard. Neither party hereto shall have any rights or obligations (other than for matters specifically agreed to herein and in any other written agreement) of any kind whatsoever with respect to such a business relationship or transaction by virtue of this Agreement unless and until a definitive agreement between the parties is executed and delivered.
9. The User has read and understands the disclaimer provided for this website and acknowledges that this website does not constitute an offer to sell securities or a solicitation of an offer to buy securities. The information set forth in this website does not purport to be a complete description of any investment or its material terms and no obligation to update or otherwise revise this website is being assumed by Hatteras Sky.
10. This Agreement shall be governed by the laws of the State of Georgia, without giving effect to any principles of conflicts of law that might cause the law of another jurisdiction to apply. Any dispute concerning this Agreement or the portal shall be brought exclusively in arbitration at JAMS in Atlanta, Georgia and shall be governed by JAMS commercial arbitration rules. JAMS shall have exclusive jurisdiction over any proceedings relating to this Agreement, and the parties hereto expressly consent to that venue for the arbitration proceedings and JAMS’s exercise of jurisdiction over them.
11. The parties’ rights and obligations under this Agreement shall bind and inure to the benefit of their respective successors and permitted assigns. Neither party shall assign or delegate its obligations under this Agreement either in whole or in part without the prior written consent of the other party; provided, however, that either party may assign this Agreement, without the other party’s consent (a) to its affiliates, and (b) to an entity that acquires all or substantially all of the business or assets of the assigning party, whether by merger, reorganization, acquisition, sale, or otherwise.
12. If any provision of this Agreement is found by a proper authority to be unenforceable, that provision shall be severed, and the remainder of this Agreement shall continue in full force and effect.
13. This Agreement contains the final, complete, and exclusive agreement of the parties relative to the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements relating to its subject matter. This Agreement may not be changed, modified, amended, or supplemented except by a written instrument signed by both parties.
14. At this time, our professional services, events and products are not targeted towards residents of the European Economic Area (“EEA”). Natural persons currently located in the EEA should not submit inquiries, place orders on this Site, or otherwise provide us with their Personally Identifiable Information (as that term is defined in the European Union’s General Data Protection Regulation).