B Capital Group

Terms of use

 

Last Updated: February 7, 2018

 

The website located at bcapgroup.com (the “Website”) is a copyrighted work belonging to B Capital Group Management, LP (“B Capital Group”, “us”, “our”, and “we”) and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.  Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features.  All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use.

 

PLEASE READ THESE TERMS OF USE CAREFULLY.  ALL USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS OF USE.  BY ACCESSING, BROWSING AND/OR USING THIS WEBSITE YOU (on behalf of yourself or the entity that you represent) represent and warrant that you have the right, authority, and capacity to enter into these Terms OF USE (on behalf of yourself or the entity that you represent) AND THAT YOU (on behalf of yourself or the entity that you represent) HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHICH WE MAY CHANGE AT ANY TIME WITHOUT PRIOR NOTICE.

 

YOU SHOULD CHECK FOR MODIFICATIONS to THESE TERMS OF USE AS WE WILL NOT NOTIFY YOU OF ANY MODIFICATIONS TO THESE TERMS AND CONDITIONS OTHER THAN BY UPDATING THIS PAGE AND INDICATING THE DATE IT WAS LAST UPDATED.  BY ACCESSING, BROWSING AND/OR USING THIS WEBSITE FOLLOWING ANY SUCH MODIFICATION, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AS SO MODIFIED.

 

you may not access or use the Site or accept the Terms if you are not at least 18 years old.  If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.

Who We Are This Website is maintained and operated by B Capital Group Management, LP, to provide general information about B Capital Group and our portfolio companies. In accordance with industry custom, this Website occasionally uses terminology that may be interpreted to suggest that our firm is actually a single entity. However, there is no such single entity and all of the entities that comprise our firm have their own separate legal existence.

Informational Purposes Only Nothing on the Website is an offer or solicitation to buy or sell any security, and B Capital Group is not soliciting any action based on the Website. Nothing on the Website is a recommendation that you purchase, sell or hold any security, or that you pursue any investment style or strategy. Nothing on the Website is intended to be, and you should not consider anything on the Website to be, investment, accounting, tax or legal advice. The past performance of any investment, investment strategy or investment style is not necessarily indicative of future performance.

This Website is not intended for investors and does not provide information material to an investor’s decision to invest in any B Capital Group fund, including, but not limited to, risk factors.  For such information, investors should refer to the relevant fund’s offering memorandum.

Access to the Website Except as otherwise noted in this website, all content and material on this Website—including information, photos, podcasts, blog posts, graphics/charts, icons, code, design and overall appearance—are the property of B Capital Group (and its affiliates) and should not be used, modified or reproduced without our prior written consent.

Subject to these Terms of Use, B Capital Group grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Website solely for your own personal, noncommercial use subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, whether in whole or in part, or any content displayed on the Website; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; and (c) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

We reserve the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to you.  You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Website.

You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and its content are owned by B Capital Group.  Neither these Terms of Use (nor your access to the Website) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set herein. B capital Group reserves all rights not granted in these Terms of Use.  There are no implied licenses granted under these Terms of Use. In particular, the B Capital Group logos and service names are trademarks of B Capital Group (the “B Capital Group Marks”). Without B Capital Group’s prior permission, you agree not to display or use B Capital Group Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any B Capital Group Mark without the prior written consent of B Capital Group.

Prohibited Uses The Website may be used only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of your posting on or through the Website. You agree not to use the Website to collect, upload, transmit, display, or distribute any information in any form (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)  use the Website to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Website (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Website; or (vi) use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file). Any such actions may result in civil or criminal liability

Disclaimers

THIS WEBSITE AND THE INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, BUT WITHOUT LIMITATION, NEITHER B CAPITAL GROUP NOR ANY OF ITS AFFILIATES ARE PROVIDING ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE.

B CAPITAL GROUP AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS, RELIABILITY, TIMELINESS OF THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE, OR UNINTERUPTED ACCESS TO THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE. B CAPITAL GROUP AND ITS AFFILIATES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION OR THAT DEFECTS WILL BE CORRECTED.   YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO B CAPITAL GROUP PARTY WILL BE RESPONSIBLE FOR THOSE COSTS. IF YOU ARE NOT SATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL B CAPITAL GROUP NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF USE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OF USE.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD B CAPITAL GROUP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, IN ANY WAY ARISING FROM, RELATED TO OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, YOUR VIOLATION OF THESE TERMS OR THE POSTING OR TRANSMISSION OF ANY MATERIALS ON OR THROUGH THE WEBSITE BY YOU, INCLUDING, BUT NOT LIMITED TO, ANY THIRD PARTY CLAIM THAT ANY INFORMATION OR MATERIALS YOU PROVIDE INFRINGES ANY THIRD PARTY PROPRIETARY RIGHT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Providing us Information  You should not provide us any information that you consider to be confidential, proprietary or a trade secret.  Any information submitted or provided by you might be publicly accessible and we are not liable for protecting against misuse or disclosure of any confidential or proprietary information or other materials you elect to provide us.  By providing B Capital Group information or materials, you understand, acknowledge and agree that such information and/or materials will not be treated as confidential or proprietary.

You should not provide us any information that you do not want us to use in any manner we see fit.  B Capital Group is entitled to use any information submitted for any purpose, without restriction (except as stated in any applicable privacy policy of ours, if any, in effect from time to time) or compensation to the person sending the submission.   B Capital Group undertakes no obligation to review information submitted by you, or to return such information to you.  B Capital Group may receive information that is similar to information you provide or may have already received information containing ideas and plans that are the same as or similar to ideas and plans contained in information you submit to us.  In no event shall B Capital Group be limited in, or restricted from, the pursuit of any opportunities, either alone or with third parties.

Privacy  When you browse our website, we may automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

With your permission, we may send you emails about our company and other business/industry updates.

Additional terms related to the privacy of certain information may be contained in any applicable privacy policy of ours, if any, in effect from time to time, available on our Website.

Third Party Sites This website may link to or integrate with other websites operated or content provided by third parties, and such other websites may link to this website.  These links are provided solely as a convenience to you and not as an endorsement by us of the content on such external websites

Once you leave our Company’s website or are redirected to a third-party website or application, we have no control over the content of such website. B Capital has no control over any such other websites or their content and will have no liability arising out of or related to such websites or their content.  You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access any such external websites, you do so at your own risk.

Miscellaneous You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern these Terms of Use. You consent to jurisdiction of the state and federal courts of California for enforcement of these Terms of Use.

 

The failure of B Capital Group to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.  Failure of B Capital Group to act on or enforce any provision of these Terms of Use will not be construed as a waiver of that provision or any other provision in these Terms of Use.   No waiver will be effective against B Capital Group unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.

 

Except as expressly agreed by B Capital Group and you, these Terms of Use constitutes the entire agreement between you and B Capital Group with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter; provided, that you may also be subject to additional terms and conditions that are applicable to certain parts of the Website.  You may not assign these Terms of Use or any of your rights or obligations under these Terms of Use without B Capital Group’s express written consent. These Terms of Use inure to the benefit of B Capital Group’s successors, assigns and licensees.