BRIARWOOD CAPITAL MANAGEMENT INC. (BCM) Terms of Use
1. Introduction
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE.
The following terms and conditions govern your use of this Website Briarwood Capital Management Inc. (BCM) (www.briarwoodcapital.com). By using the Website [and clicking the "I ACCEPT" button at the end of this page], you agree to accept and be bound by these Terms and Conditions, without limitation or qualification on your own behalf and on behalf of any party on whose behalf you are acting. If you do not agree to these terms and conditions of use, you do not have our consent and must exit the Site immediately. BCM reserves the right to modify or amend these Terms and Conditions at any time. Therefore, we suggest that you review these terms periodically for changes. By using our Site after we have posted changes to these terms and conditions of use, you are agreeing to be bound by these terms and conditions as amended.
2. Forward-looking statements
The information and materials on this Website may contain “Forward-looking statements.”
Forward-looking statements are typically identified by words or phrases such as likely, believe, expect, anticipate, intend, estimate, position and variations of such words and similar expressions, or future or conditional verbs such as will, would, should, could, or may contain other similar expressions. These forward-looking statements are subject to numerous assumptions, risks and uncertainties, all of which will or may change over time or may be incorrect, and neither Briarwood Capital Management Inc. nor any of its affiliates assumes any duty to update or correct any forward-looking statements contained in or accessible through the Site. Actual results could differ materially from those anticipated in these forward-looking statements and future results could differ materially from historic performance.
3. No warranties for contents; limitation on liability
Although our best efforts have been used to ensure that the information set out on this Website is reliable, no warranty is made as to its accuracy, completeness and adequacy. Any opinions or statements expressed reflect the current predictions of BCM, which may change at any time without notice.
The information and materials on this Website may contain typographical errors or inaccuracies. BCM reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Website and to suspend and/or deny access to this Website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and BCM does not undertake any obligation or responsibility to update or amend any such information. BCM may discontinue, add, remove or change any product or service described in or offered on this Website at any time without any notice requirement.
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THIS WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE) IS PROVIDED "AS IS" "AS AVAILABLE." BCM AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THIS WEBSITE. BCM AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE. BCM AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, BY USING THE WEBSITE, YOU AGREE THAT BCM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECTS IN THIS WEBSITE, ANY INCOMPATIBILITY BETWEEN THIS WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND BCM AND ITS AFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING BCM’S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. UNDER NO CIRCUMSTANCES WILL BCM BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USES OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER BCM HAS BEEN APPRIZED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
4. Safety of Communication
Communications over the Internet and by e-mail cannot be guaranteed to be secure. There is a risk that information contained in any communication over the Internet, including links selected, selections made and text inserted in fields of pages on the Website, including potentially confidential information, may be intercepted, lost, destroyed or delayed in transmission. Although BCM will use reasonable efforts to minimize such risk, it does not warrant that any communication or e-mail or any attachments thereto, that is sent out, will be free from viruses, worms or other harmful components.
5. Potential Disruption of Service
Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:
- Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment
- Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content
- An overload of system capacities
- Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters
- Interruption (whether partial or total) of power supplies or other utility of service
- A strike or other stoppage (whether partial or total) of labor
- Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention
- Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of BCM.
If access to this Website is unavailable, delayed or limited, or if this Website does not operate quickly and efficiently, you may be unable to access information from or provide information to the Website, or such information as provided may not be promptly received or acted upon or you may be unable to retrieve information on a timely basis. If your operations are dependent on such communications with BCM, and such communications are disrupted or delayed, you may suffer losses.
6. Use of Leverage
Use of leverage can carry a high degree of risk. A comparatively small movement in the value of investments can lead to a large change in the value of your portfolio. This can work against you as well as for you. See the Briarwood Capital Management Inc. Disclosure Document.
7. Waiver
No waiver by Briarwood Capital Management Inc. or any of its affiliates of any right under or term or provision of these terms and conditions will be deemed a waiver of any other right, term or provision of these terms and conditions at that time or a waiver of that or any other right, term or provision of these terms and conditions at any other time.
8. Indemnification
You agree to indemnify, defend and hold BCM harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of this Agreement or use of the Web site.
9. Governing Law; Jurisdiction; Severability
These Terms and Conditions are exclusively governed by and shall be construed in accordance with New York law, excluding its conflicts of law rules.
You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this Website shall be the state or federal courts located in the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If at any time any provision (or part of any provision) of these Terms and Conditions is, or becomes, illegal, invalid or unenforceable in any respect under the law of any jurisdiction, such part, term or provision, (or part of any provision) if possible shall be reformed as required in order to allow the particular part, term, or provision (or part of any provision) to be held legal, valid, or enforceable.
As to any part, term or provision (or part of any provision) of these Terms and Conditions that cannot be reformed in order to allow the particular part, term, or provision (or part of any provision) to be held legal, valid, or enforceable, the validity of the remaining parts, terms or provisions (or part of any provision) shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if these Terms and Conditions did not contain the particular part, term, or provision (or part of any provision) held to be illegal, invalid or unenforceable.
10. OTHER
You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Web site and these Terms of Service must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by BCM. To the extent that anything in or associated with the Web site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. BCM’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
