TERMS OF USE
The use of and access to this website (“Website”) is governed by these Terms of Use. Use of the Website constitutes an agreement by you, the user, that your use is governed by these Terms of Use. We may update or otherwise amend these Terms of Use at any time in our sole discretion. Your continued use of the Website after any such modifications shall constitute your acceptance of such updated or otherwise amended Terms of Use.
Please read this agreement carefully before you start to use the Website. If you do not agree to abide by these Terms of Use for any reason, you must not access or use the Website.
Ownership
The works of authorship contained in this Website, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by Banyan Ridge Capital Management (“BRCM”) or its affiliates or licensors, and shall remain the property of BRCM or its licensors. You acknowledge that the Website and its contents are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed.
You may not copy, reproduce, modify, use, republish, post, upload, distribute or transmit in any way material from this Website, without BRCM’s express written consent. You shall comply with all intellectual property laws and treaty provisions and you shall not encumber any interest in, or assert any rights to, the content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any content, in whole or in part.
“Banyan Ridge Capital Management”, “Banyan Ridge Capital”, “BRCM” and all other trademarks, logos and service marks displayed on the Website are trademarks belonging to BRCM, its affiliated entities, or its licensors. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos or service marks displayed on the Website without BRCM’s prior written permission in each instance.
Disclaimer; No Warranties; Limitation of Liability
BRCM does not warrant or guarantee, either expressly or by implication, that any material or information on the Website is accurate, complete, reliable, or current. BRCM is not responsible for any errors or omissions on the Website, whether caused by the source of the information or BRCM. BRCM may change any material or information on the Website at any time without prior notice, but BRCM does not make any commitment to update or remove material or information on the Website. Your use of this Website and use or reliance upon any of the materials on it are solely at your own risk.
WITHOUT LIMITING THE FOREGOING OR ANYTHING ELSE SET FORTH IN THIS AGREEMENT, THE WEBSITE AND ALL OF ITS CONTENTS ARE MADE AVAILABLE BY BRCM “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. BRCM MAKES NO WARRANTY THAT THE WEBSITE, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. USERS OF THE WEBSITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE WEBSITE AND ITS CONTENTS AND ACKNOWLEDGE THAT THE WEBSITE AND ITS CONTENTS MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF BRCM. BRCM DOES NOT REPRESENT OR WARRANT THAT ANY WEBSITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY WEBSITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRCM ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, OR CONTENTS FROM OR TO THE WEBSITE.
BRCM ASSUMES NO LIABILITY FOR LOSS OR DAMAGE HOWSOEVER RESULTING FROM ANY USE OF OR RELIANCE UPON THE WEBSITE OR ITS CONTENTS. IN NO EVENT WILL BRCM OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE WEBSITE, ITS CONTENTS, THE USE THEREOF, OR THE INABILITY TO USE THE WEBSITE, EVEN IF BRCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
This Website is operated and controlled by BRCM in the United States. BRCM makes no warranties that materials on this Website are appropriate or available for use outside of the United States. If it is illegal or prohibited in your country of origin to access or use this Website, then you should not do so. You are responsible for compliance with all local laws and regulations applicable to your use of the Website.
Restrictions on Use
You agree not to interrupt, damage, disable, overburden or impair the Website or interfere with any other user’s use and enjoyment of the Website, such as sending mass unsolicited messages or “flooding” servers with requests. You agree not to violate or attempt to violate the security of the Website, including, without limitation, by (1) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (3) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. BRCM will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. BRCM will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.
No Offer or Advice
This Website is primarily designed to provide information on financing to potential portfolio companies. The information provided on this Website, including information regarding BRCM’s current and historical portfolio companies, is not intended to recommend any company or investment described herein and is not an offer or sale of any security or investment product or investment advice. In any event, past performance is not a guarantee of future results and it should not be assumed that results for portfolio investments will be achieved for other investments. Representative investments are not to be considered a complete list of all investments made or currently held by BRCM funds or other investment vehicles.
BRCM provides investment advisory services only to the privately offered BRCM funds and other investment vehicles. BRCM does not solicit or make its services available to the public or other advisory clients.
Statements included on the Website may constitute “forward-looking statements,” which relate to future events or our future performance or financial condition. These statements are not guarantees of future performance, condition or results and involve a number of risks and uncertainties. Actual results and condition may differ materially from those in the forward-looking statements as a result of a number of factors. BRCM undertakes no duty to update any forward-looking statements made herein.
Links
The Website may include links to third party sites which are not related to or maintained by BRCM. Links to third party sites do not imply partnerships, relationships or affiliations with such third parties and BRCM takes no responsibility for the content therein, regardless of whether the link is provided by BRCM or a third party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Website may link, including information on such other website regarding BRCM. By providing access to other website, BRCM is not endorsing the products and services provided by any website’s sponsoring organization.
Other websites may include a link to this Website provided that BRCM has granted its express written consent. Third parties are expressly prohibited from framing BRCM’s content in any way or any other activity that may create a misimpression or confusion among users with respect to sponsorship or affiliation including, without limitation, hyperlinks or a form of link that disguises the URL and bypasses the homepage.
Submitted Materials
Unless specifically requested, we do not solicit, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through the Website, by e-mail, through the “Contact Us” feature, or in any other way. Any information, proposals, requests, creative works, pictures, documents, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent on or through the Website in any manner (collectively, “Submissions”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with this agreement and our privacy policy. By submitting Submissions on the Website, you: (1) represent and warrant that you have the necessary licenses, rights, consents and permissions to use such Submissions and submit them to the Website; and (2) you grant us (and our affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use such material (in whole or part) in any manner and/or to incorporate it (in whole or in part) in other works (including, without limitation, the Website), products or services in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to the Website, and we may delete or destroy any such Submitted Material at any time.
Privacy Statement
BRCM is committed to protecting your privacy online. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used at the Website.
When you visit the Website, we may collect personally identifiable information, including name, address and email address. We also may collect certain non-personally identifiable information when you visit many of our pages, such as the type of browser you are using, the type of operating system you are using, and the domain name of your Internet service provider.
We also collect certain information about you through the use of “cookies”, which are small pieces of information that are stored by your browser on your computer’s hard drive. We collect, retain and use information about you solely for the purpose of better understanding our users and their use of the Website. BRCM will not release information collected about you unless we receive your prior consent or we are required by law to release such information.
We use the non-personally identifiable information that we collect to improve the design and content of the Website and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze site usage. Information collected through the Website may be transferred to BRCM’s affiliated companies if it is necessary to do so in order to carry out the purpose of your submission. By submitting information through the Website, you consent to such transfer of information to BRCM’s affiliated companies. BRCM will not release information collected about you unless we receive your prior consent or we are required by law to release information to the recipient.
General Terms and Conditions
These Terms of Use are governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law. If you take legal action relating to these terms, you agree to file such action only in the state and federal courts located in the State of Florida, County of Miami-Dade. The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. You are prohibited from any use of the Website that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by BRCM. The Website may contain additional agreements and disclosures in electronic form. By assenting to this Agreement, you agree that a printed version of these Terms of Use and all other agreements entered into by you on the Website in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Contact Us
For any requests relating to the Website or the terms mentioned herein, please submit or have your authorized representative submit a request using the method set forth below.
Email us at the following email address: info@banyanridgecapital.com
