Terms and Conditions of Use Effective Date: July 1, 2019
Thank you for visiting this Limited Partners Portal (the “Website”), provided to you solely for informational purposes by Brighton Park Capital Management, L.P. (“Brighton Park”, “we” or “us”). By accessing the Website, you are agreeing to be bound by these Website terms and conditions of use (the “Terms”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. This document affects your legal rights, including limiting your damages if you sue us, so please read it carefully.
We reserve the right, in our sole discretion, to change, modify, add or remove any portion of the Website, including the Terms, in whole or in part, at any time, without prior notice to you. Changes to these Terms will be effective when posted. For this reason, we encourage you to visit and review this page regularly to ensure that you are familiar with the then current Terms that apply to your use of the Website. The date of the last revision or update appears at the top of the Terms under the title. Nothing contained in these Terms is intended to modify or amend any other written agreement you may have with us (including without limitation any customer agreement, participation agreement, partnership agreement or account agreement) (“Other Agreements”) if any, that may currently be in effect. In the event of any inconsistency between these Terms and any Other Agreements, the Other Agreements will govern.
- Use License and Restrictions on Use
a. Permission is granted to temporarily download one copy of the materials (information or software) on this Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify, copy or create derivative works of the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile, reverse engineer, disassemble or otherwise attempt to extract or discover the source code of the Website or any part thereof, expect and only to the extent such activity is expressly permitted by applicable law notwithstanding this limitation; remove any copyright or other proprietary notations from the materials; transfer the materials to another person or "mirror" the materials on any other server; use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with proper functioning of the Website, including making automated use of the Website or taking any action that we deem to impose or potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; use the Website for any unlawful purpose or for the promotion of illegal activities; or use another’s user ID and password without permission.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format, except to the extent required to be maintained under any applicable law, rule or regulation, in particular, in order to comply with bona fide record keeping requirements applicable to you.
This Website may include forward-looking statements. All statements other than statements of historical fact are forward-looking statements (including words such as “believe,” “estimate,” “anticipate,” “may,” “will,” “should,” and “expect”). Although Brighton Park believes that the expectations reflected in such forward-looking statements are reasonable, Brighton Park can give no assurance that such expectations will prove to be correct. Various factors could cause actual results or performance to differ materially from those discussed in such forward-looking statements.
Past performance is not indicative of any specific investment or future results. Views regarding the economy, securities markets or other specialized areas, like all predictors of future events, cannot be guaranteed to be accurate and may result in economic loss to the investor.
Any information provided by the Website regarding historical market performance is for illustrative and education purposes only. Clients or prospective clients should not assume that their performance will equal or exceed historical market results and/or averages.
The material listed in this website is current as of the date noted, and is for informational purposes only, and does not contend to address the financial objectives, situation, or specific needs of any individual investor. Any information is for illustrative purposes only, and is not intended to serve as investment advice since the availability and effectiveness of any strategy is dependent upon your individual facts and circumstances. Results will vary, and no suggestion is made about how any specific solution or strategy performed in reality.
Brighton Park does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to the Website or incorporated herein, and takes no responsibility therefor. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly.
The Website and any and all accompanying rights, screens, information, materials, user documentation, user interfaces, images, arrangements of information, related software and other proprietary property of Brighton Park or its licensors accessible via the Website is and shall remain the exclusive property of Brighton Park and its licensors, as the case may be.
- Linked Sites: The Website may provide links to websites operated by other entities. These links are provided strictly for your convenience. In addition, third-party sites may be linked to this Website, with or without our consent. We make no warranty or representation regarding, do not endorse, and do not accept any responsibility for, any websites linked to or from the Website or the information appearing thereon or any of the products or services described thereon. You acknowledge and agree that use of third-party websites is strictly at your own risk.
- Intellectual Property: The Website is the exclusive property of and owned by Brighton Park. The Website contains and is protected by intellectual property rights, including copyrights, trademarks, logos, and service marks (whether registered or not, and wherever in the world those rights may exist) owned by Brighton Park or third parties that have licensed their materials or provided services to Brighton Park. Access to the Website does not confer any license under any of our or any third party’s intellectual property rights or otherwise authorize you to use any trademark, logo, service mark, copyright, or other intellectual property, except as explicitly provided herein or permitted under applicable law.
- Password and Security Notification: Website is accessible to you only if you have been provided with a username and password. You are solely responsible for (a) maintaining the confidentiality of the password and user ID and (b) all activities that occur under your user ID. If, in the process of obtaining a user ID and password, you provide us with any information that is untrue, inaccurate, not current, or incomplete, or if we have reason to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your user ID and password and refuse any and all current or future use of the Website (or any portion thereof). You shall immediately notify us of any loss or theft of your password, or if the confidentiality of your password has otherwise been compromised in any way. We will not be responsible or liable for any loss, expense or damage arising in any way from use of your password and user ID and/or the accessing of information or materials therewith.
- Limitations: To the maximum extent permitted by law, neither Brighton Park nor its suppliers shall be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Website, even if Brighton Park or a Brighton Park authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- Notice of Copyright Infringement: The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Website infringe your copyright, please send us a notice containing the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works. Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material. Contact information for the notifying party, including name, address, telephone number, and email address. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please submit this notice to us at [email protected]
- Termination: We may at any time, terminate these Terms and your access to the Website: (a) if we believe you have breached or attempted to breach any provision of these Terms; (b) if we are required to do so by law; (c) if we are transitioning to no longer providing the Website to users in the country or state in which you reside or from which you use the Website; (d) the provision of the Website to you by us is, in our opinion, no longer commercially viable; or (e) in our sole discretion, at any time and for any other reason. Your continued use of the Website following such termination may will result in your liability for conversion, misappropriation, trespass to chattels and all other claims and causes, regardless of the identity of claimant or injured party, arising from or relating to your continued use of the Website. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Website, may be referred to appropriate law enforcement authorities.
When these Terms are terminated, any of the legal rights, obligations, and liabilities that by their nature should continue shall survive such termination.
- Revisions and Errata: The materials appearing on the Website could include technical, typographical, or photographic errors. Brighton Park does not warrant that any of the materials on the Website are accurate, complete, or current. Brighton Park may make changes to the materials contained on the Website at any time without notice. Brighton Park does not, however, make any commitment to update the materials.
- Governing Law and Venue: The Website is made available to you from the Commonwealth of Connecticut in the United States. If you elect to access and/or use the Website from outside of the United States, we make no warranties that materials on this site are appropriate or available for use in such locations. You agree that you are solely responsible for compliance with any laws of your specific jurisdiction and further agree that you shall not use the Website if you are restricted by any local, state, national or international laws. The laws of the Commonwealth of Connecticut, without regard to its principles of conflict of laws, will govern these Terms (including any disputes concerning or related to these Terms). You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts sitting in Greenwich, Connecticut for the purpose of resolving any dispute relating to your access to or use of the Website. Notwithstanding the foregoing, you expressly acknowledge and agree that Brighton Park may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to exclusive jurisdiction and venue in such courts. You agree that this may require you to submit any disputes related to the use of the Website to final and binding arbitration in the Commonwealth of Connecticut.
- Class Action and Arbitration:
By using the Website, you agree that if any dispute should arise between you and Brighton Park, you will bring your claim on an individual basis and waive your right to pursue any claim in a class action. Regardless of any statute or law to the contrary, you must commence any cause of action you may have with respect to your use of the Website within one (1) year after the claim or cause of action arises.
- Entire Agreement: These Terms constitute the entire agreement between you and Brighton Park regarding the subject matter hereof and govern your use of the Website, superseding any prior agreement between you and Brighton Park on the subject.
- Contact. Please contact us at [email protected] if you have any questions about the Website or the Term. Electronic mail or other communications through the Website to Brighton Park (or any of its employees, agents or representatives) may not be secure and we do not guarantee the confidentiality of such communications.