This Agreement for the use of the Garnet Capital Advisors, LLC web site (Agreement) contains the terms of the agreement between you (User or you) and Garnet Capital Advisors, LLC (Garnet). By continuing to use Garnets web site (the Web Site), User accepts the terms and conditions of this Agreement and User promises to comply with any and all laws and regulations which pertain to the use of the Web Site and to the use of the internet as a whole.
Our postal address is: 500 Mamaroneck Avenue, Harrison, New York, 10528. We can be reached via e-mail at firstname.lastname@example.org or by telephone at 914.909.1000.
Data Collected. Garnet respects the privacy of users of the Web Site. The nature of the information that is collected and the purposes for which that information may be used are as follows:
The data collected by Garnet will be used internally for the following purposes:
You hereby grant Garnet the right to transmit your information externally to:
We do not sell customer lists and we will not sell your information to a catalogue company or telemarketer. You may submit a request that Garnet provide you with a summary of the personal information that Garnet has collected about you and that such information be modified or deleted. We will comply with any such request so long as we do not believe that doing so will violate or facilitate the violation of applicable law.
Third-Party Links. The Web Site may include links that allow you to click-through to other internet sites. Such third-party sites are outside of Garnets control and as such, Garnet shall not be responsible for the content or privacy policies of any such sites.
After User completes the registration materials (including printing the Confidentiality Agreement, signing it and faxing it to Garnet), Garnet will provide User with a username and password that provides User with access to the restricted areas of the Web Site. User acknowledges that User is responsible for maintaining the secrecy of its username and password and is prohibited from transferring or making its username and password available to third parties. Notwithstanding the foregoing, User will be responsible for any actions taken by any visitor who enters the site by using Users username and password.
Information Available for Review by User. User will have the right to review information related to Portfolios that are listed on the Web Site and enter bids for the purchase of such Portfolios. Such information will have been provided to Garnet by the seller of the Portfolio, or will be summary reports prepared by Garnet based on such information.
The User may also use the Web Site to submit bids for listed Portfolios if available for particular Portfolios. The sale of the Portfolios may be conducted in one of several sale formats (including, but not limited to, sealed-bid, open-bid, Dutch bid, etc.). Irrespective of format, the seller of the Portfolio retains the right in its sole discretion to determine to whom it will sell its Portfolio, and may make its decision based on both monetary factors (bids) as well as other factors (including, but not limited to, the reputation of the buyer, the financial and operating experience of the buyer, terms submitted by the buyer on the purchase and sale agreement, etc.).
User acknowledges and agrees that the Garnet Web Site is maintained and operated
at Garnets sole discretion and is provided to User for general information
purposes only. User agrees to hold Garnet harmless from any and all damages whatsoever
which User may incur, either directly or indirectly as a result of their access,
function, operation, or use of the Web Site, or failure thereof, regardless of reason.
User acknowledges that it is Users responsibility to obtain sale-related information
and to deliver bids in a timely manner without reliance upon the Garnet Web Site.
Experience. User is a sophisticated purchaser that is in the business of originating, buying or collecting debt and has knowledge and experience in financial and business matters that enables User to evaluate the merits and risks of the potential purchase of a Portfolio. User has the operational expertise and capability to service the Portfolio if it is the successful purchaser or will hire a qualified third party to do so on its behalf, based upon the Users own knowledge of such servicers operational expertise and capabilities.
User will be given the opportunity to inspect data and other information and materials relating to the Portfolio being offered to its full satisfaction prior to placing a bid. No representative or employee of either Garnet or any seller has been authorized to make, and User has not relied upon, any representations or warranties relating to such Portfolio other than those contained in the purchase and sale agreement to be executed in connection with the consummation of a Portfolio purchase. User has determined whether or not to purchase any Portfolio offered for sale based solely on its own independent examination, study, inspection and knowledge of such Portfolio and has relied solely upon its own determination of the quality, value, condition and marketability of such Portfolio and the collateral, if any, securing payment of any of the underlying loans in the Portfolio, and not on any information, statement, representation or promise made or to be made by Garnet or any Seller in connection with its decision to bid on (and, if successful, purchase) such Portfolio.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GARNET OR SELLER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF GARNET OR A GARNET AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL GARNET OR SELLERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
The sale of any Portfolios do not involve, nor are they intended in any way to constitute, the sale of a security or securities or the offer to sell a security or securities within the meaning of any applicable securities laws. Users potential acquisition of any Portfolio involves a high degree of risk and is suitable only for persons or entities of substantial financial means who have no need for liquidity and who can hold the Portfolio indefinitely or bear the partial or entire loss of the value.
This Agreement is for the benefit of Garnet and sellers that retain Garnet to list Portfolios for sale and shall become effective immediately upon your signing it by clicking accept. Garnet reserves the right to, at any time and without personal notice, amend this Agreement. You are encouraged to review this Agreement from time to time in order to ascertain the current terms of this Agreement. In the event that a specific Portfolio sale (Specific Sale) includes additional terms and/or conditions (Additional Terms) that are unique to that Specific Sale, and may be in addition to, or in variance with the terms and conditions detailed herein. User hereby agrees to abide by the Additional Terms as though they are a part of this Agreement, solely as they pertain to the related Specific Sale. In the event any Additional Term is in direct conflict with an existing term in this Agreement, the Additional Term shall be controlling as to the related Specific Sale only. If any provision of this Agreement, including any contained within the Additional Terms of a Specific Sale, is deemed unenforceable, all remaining provisions shall remain in full force and effect. Additionally, since User will have the ability to examine confidential information that relates to Portfolios, both through the Web Site and other methods, including but not limited to, e-mail, telephone and overnight delivery from Garnet, User must print and fax back to Garnet the Confidentiality Agreement before being granted access to the Web Site.
You agree to indemnify and hold harmless Garnet, and its officers, directors, owners, agents, information providers and licensors (collectively Garnet Parties) and Portfolio sellers (each a Seller) and their officers, directors, owners, agents, information providers, and licensors (collectively Seller Parties) from and against any claims, liability, losses, costs and expenses (including but not limited to attorneys fees) incurred by any Garnet Party or Seller Party in connection with any violation of this Agreement by you. In such case, you agree to cooperate with Garnets defense or Sellers defense of such claim.
You agree that Garnet or Seller may commence legal proceedings against you seeking equitable relief, including injunction and specific performance, as a remedy for any breach of this Agreement.
This Agreement shall be governed, construed, and enforced, and all rights and obligations of the parties shall be determined, in accordance with the laws of the State of New York without regard to its conflicts-of-laws principles. User expressly consents to the jurisdiction of the courts of the state of New York and that the only venue for any litigation shall be in New York State.
By continuing to use this Web Site, you indicate your acceptance of the terms of this Agreement, as those terms are stated at the time of access. If you do not consent to all of the terms of this Agreement, please immediately discontinue use of the Web Site.