Terms & Conditions
Welcome to the Internet sites of BHC Capital Partners LP and its affiliates (collectively “BHC”). Please read our Terms and Conditions of Website Use (“Terms and Conditions”) carefully before using our website. These Terms and Conditions set forth the legally binding terms and conditions that govern your access to and use of this website (the “Site”) and its contents (collectively, the “Content”). By using the Site, you accept these Terms and Conditions. If you do not agree to these Terms and Conditions for any reason, please do not use the Site. These Terms and Conditions may be updated by us at any time and your continued use of the Site after any such modifications shall constitute your acceptance of these Terms and Conditions as modified.
We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is protected by United States and, as applicable, foreign intellectual property laws. Unauthorized use of the Content may result in a violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you agree that you will not use, copy, circulate, distribute or display the Content except as permitted under these Terms. You may use Content from the Site solely for your personal use. You are not permitted to sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute or otherwise use the Content in any way for any public or commercial purpose. You may not link to this Site or portions of its Content without our express prior written consent. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. These Terms are not intended to, and do not, transfer or grant any rights in or to the Content other than those described herein, and all rights not expressly granted herein are reserved by BHC. You are required to read and abide by any additional terms and conditions that may be posted on this Site from time to time.
The trademarks, service marks and logos of BHC (the “BHC Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of BHC. Other product and service names located on the Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks” and, collectively with the BHC Trademarks, the “Trademarks”). Nothing on this Site or in these Terms shall constitute a license or right to use any Trademark displayed on this Site without the express prior written consent of BHC. Use of any Trademarks as part of a link to or from any website is prohibited without our express prior written consent. All goodwill generated from the use of any BHC Trademark will inure to our benefit.
Privacy, Confidential Information and Monitoring by BHC
We reserve the right to track visitors to, and monitor usage of, this Site through “cookies” and similar techniques and to use any resulting information as we determine in our sole discretion. We do not accept responsibility for protecting against misuse or disclosure of any confidential or proprietary information or other materials in the absence of our express written agreement to do so.
Password Security and Notification
Access to and use of password-protected and secure areas of this Site is restricted to authorized users only. If you have a user ID and password for access to non-public areas of the Site, you are solely responsible for all activities that occur in connection with your user ID and password. You should take measures to protect the confidentiality of your user ID and password. You should never share them with anyone, and you should change your password periodically. Please notify BHC immediately of any unauthorized use of your user ID, password, Site access account, investment information or any other breach of security.
Restrictions on Use; No License
By using the Site you agree not to take any action that imposes an unreasonable load on the Site’s infrastructure; use any device or software or that may interfere with the properoperation of the Site; attempt to decipher or reverse engineer any of the software comprising the Site; delete or alter any material posted on or made available through the Site; or frame or link to any of the information or materials available on the Site. We reserve all rights with respect to the design, look and feel and Content of this Site, and you shall not misappropriate the design or content of this Site or alter or such design or content in any way. Use of the Site does not grant you a license to any content, features or materials you may access on this Site.
Third-Party Sites and Information
This Site may contain links to websites operated by third parties (“Linked Third-Party Sites”), and any access to, or use of, a Linked Third-Party Site is solely at your own risk. We do not review or control the content of Linked Third-Party Sites and we are neither responsible for nor endorse the content any Linked Third-Party Site’s content.
You should be aware that certain Content on this Site may include or consist of information that has been provided by third parties and has not been validated or verified by us. In connection with our activities, we often become subject to a variety of confidentiality obligations to third parties, with the result that we may be prohibited from making full disclosure of certain matters on the Site.
No Offer, Solicitation or Advice; Suitability
The Content is provided for informational purposes only and does not constitute an offer to sell or buy any securities and may not be used or relied upon in connection with any offer or sale of securities. An offer or solicitation will be made only through a final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.
BHC is not utilizing the Site to provide investment or other advice, and nothing on the Site is to be deemed a recommendation that you buy, sell or hold any security or other investment or that you pursue any investment style or strategy.
Although the Content of this Site is based upon information that BHC considers reliable and endeavors to keep current, BHC does not represent that the Content is accurate, current, or complete, and it should not be relied upon as such. The fact that BHC has made this Site’s Content available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product or service described on this Site is suitable or appropriate for you. Products described on this Site involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Any discussion herein of the risks with respect to any product or service should not be considered to be a disclosure of all risks or complete discussion of such risks. You should neither construe any of the Content as business, financial, investment, legal, regulatory, tax, or accounting advice nor make the Content the primary basis for any investment decisions made by or on behalf of you, and you may want to consult your business advisor, attorney, and/or tax and accounting advisors concerning any contemplated transactions.
Limitation of Liability
ALL CONTENT IS PROVIDED “AS IS” AT YOUR SOLE RISK, MAY NOT BE RELIED UPON FOR ANY PURPOSE, AND IS NOT SUBJECT TO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. In particular, we make no representations or warranties with regard to the Content’s correctness, quality, accuracy, completeness, reliability, timeliness, continued availability, non-infringement or fitness for a particular purpose. BHC shall not have any responsibility to maintain the information and materials made available on, or through, this Site or to supply any corrections, updates, or releases relating thereto. Availability of information and materials are subject to change without notice.
We accept no responsibility for viruses, malware or other malicious or damaging software contained in the Content or otherwise. BHC makes no warranty whatsoever to you, express or implied, regarding the security of the Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this Site.
Neither BHC nor or any of its directors, officers, employees, associated persons, agents, or content or service providers (collectively, the “BHC Parties”) will be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, your use of, or reliance upon, this Site and its Content. Some jurisdictions may limit our ability to disclaim liability. With regard to those jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless the BHC Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use, or misuse of the Content or Site. BHC reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this provision. In such case, you agree to cooperate with any reasonable requests assisting BHC’s defense of such matter.
Governing Law and Forum
These Terms, and any disputes relating to these Terms or your use of this Site, will be governed in all respects by the laws of the State of New York, without regard to conflicts of laws principles. Except as otherwise agreed in writing by BHC, any disputes relating to these Terms shall be resolved exclusively in the state or federal courts located in the Borough of Manhattan, New York, New York. All parties using the Site agree to irrevocably waive the right to a trial before a jury in any such dispute.
This Site is operated and controlled by BHC in the United States. If it is illegal or prohibited in your country of origin to access or use this Site, then you should not do so. Those who choose to access this Site outside the United States access it on their own initiative and risk and are responsible for compliance with all applicable local laws and regulations.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
These Terms set forth the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. These Terms are binding on you as well as your successors and permitted assigns. In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.
We reserve the right to modify these Terms at any time without notice and you should check these Terms periodically for changes. Your continued use of this Site after the posting of changes constitutes your binding acceptance of such changes.
©2017 BHC Capital Partners, all rights reserved. The BHC Capital Partners logo, and related marks and logos are service marks or registered marks owned by BHC Fund Management, LLC.