Terms of Use

Welcome to the web site (the "Site") of Highbury Financial Inc. ("Highbury", also referred to as "we", "our" or "us"). By accessing and/or using the Site, you (as a user of the Site) agree to follow and be bound by the terms and conditions set forth below as well as our Privacy Policy/Your California Privacy Rights ("Privacy Policy" and collectively, the "Terms of Use"). Please read these Terms of Use, including its Privacy Policy, carefully. If you do not accept the Terms of Use, we do not permit your use of and access to our Site. These Terms of Use may have changed since the last time you visited our Site. Any breach by you of any of the Terms of Use will automatically terminate this agreement and your permission from Highbury to access and use the Site and/or the Content (defined below).

  1. Authorized Uses. The Site and all text, graphics, information and other content displayed on the Site (the "Content") shall only be used by you in connection with your direct personal use of the Site as permitted by these Terms of Use. Your use of the Site and/or access to the Content is also subject to the following restrictions and conditions:
    1. You may use the Site only for informational purposes.
    1. You may not send unsolicited commercial email to any email addresses provided on the Site. In addition, spam, chain emails, advertising solicitations and similar email solicitations by you are expressly prohibited.
    1. You may not redistribute, retransmit, republish, copy, duplicate, download or otherwise use or exploit any Content on the Site except for purposes permitted by these Terms of Use.
    1. You may not use the Site or the Content in any manner inconsistent with or in violation of any applicable laws or regulations.
    1. You may not delete, modify or attempt to change or alter any of the Content on the Site.
    1. You may not use any device, software or routine that interferes with the proper functioning of the Site or take any other action that interferes with other parties’ use of the Site.
    1. You may not use any "robot", "spider" or other automatic or manual device or process to compile information on the Site for any purpose other than for a generally available search engine.
    1. You may not, without express written authority from Highbury, provide access to the Site through any hyperlink or other link from any other web site nor may you frame the Site within or as a portion of any other web site or page.
    1. You may not use the Site to post or transmit any harmful, unlawful, threatening, offensive, libelous, defamatory, obscene, abusive, pornographic or otherwise objectionable material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law.
    1. Any information sent to Highbury via email is not secure and is sent on a non-confidential basis and will be handled by us in accordance with our Privacy Policy.
  1. Disclaimer of Warranties; "AS IS". THE SITE AND ALL CONTENT, MATERIALS, INFORMATION AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HIGHBURY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. HIGHBURY MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
  1. Limitation Of Liability. IN NO EVENT SHALL HIGHBURY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY CONTENT, MATERIALS, INFORMATION OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SITE, EVEN IF HIGHBURY WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE AND/OR EVEN IF ANY REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
  1. Privacy. Highbury will treat any information we collect from you or which you submit to us in accordance with our Privacy Policy.
  1. Children. This Site is not intended for children under the age of thirteen. For more information on the protection of children’s personal information, see our Privacy Policy.
  1. Third Party Content. The Site may from time to time display the content, services, products or hyperlinks of other companies or persons. Notwithstanding the presentation of any third party information on the Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by Highbury, on behalf of or any third party. In addition, Highbury, does not endorse, warrant or otherwise guarantee the substance of any information or services provided by third parties. Highbury shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party web sites accessed from the Site or web sites that have links to the Site. Access to third party web sites from the Site is done at your own risk.
  1. Intellectual Property Rights. The Site (including the "look and feel" of the Site) and all Content are the property of Highbury or of third parties as indicated, and is protected by U.S. copyright laws and international treaties. All product names, names of services, trademarks and service marks ("Marks") are the property of Highbury, or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms of Use.
  1. Copyright Infringement. In accordance with the Digital Millennium Copyright Act ("DMCA"), Highbury has designated an agent to receive notifications of alleged copyright infringement associated with the Site. Highbury will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent:

Brad Forth
999 18th Street, Suite 3000
Denver, CO 80202
Phone (303) 357-4802
Fax (303) 893-2902
copyright@highburyfinancial.com

If material is believed in good faith by Highbury to infringe a copyright or otherwise violate any intellectual property rights, Highbury will remove or disable access to any such material.

  1. Indemnification. You agree to indemnify and hold harmless Highbury from and against any and all liability, claims, causes of actions, damages, losses, costs and expenses, including but not limited to, attorneys fees, costs of suit, costs of investigation and costs of enforcement of this provision arising out of your breach of these Terms of Use.
  1. General. The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. Highbury reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice to you.

Highbury may modify these Terms of Use from time to time and at any time, such modifications to take effect immediately upon the posting thereof on the Site. The terms of this Agreement are severable to the extent any term is deemed invalid, illegal, or unenforceable.

The failure of Highbury to enforce any term or condition of these Terms of Use shall not be deemed a waiver thereof and shall not prevent its later enforcement.

These Terms of Use are governed by the laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state and federal courts located within New York County, New York, except that, to the extent that you have or are threatening to violate, infringe or otherwise misappropriate any intellectual property rights of Highbury (or the intellectual property rights of any third parties made available on this Site), Highbury may also seek injunctive or other appropriate relief in any other jurisdiction and venue permitted by law. You expressly consent to service of process in any action relating hereto by registered mail or by any other means provided by law. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

  1. Information for California Residents. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

      Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, California 95814, or by telephone at 1-800-952-5210.

      Contact Us. Contact us by email at contact@highburyfinancial.com, by phone at 303-357-4802 or by regular mail at 999 18th Street, Suite 3000, Denver, CO 80202.