TERMS AND CONDITIONS OF USE
The information offered by Bryson Donovan, L.L.C. (together with its affiliates, “Bryson D ”) on this site is subject to certain terms and conditions (the “Terms and Conditions”). These Terms and Conditions apply to all users. By entering this site or by transmitting any information to the site, you acknowledge and agree to all of the Terms and Conditions. Please read them carefully. If you do not agree to the Terms and Conditions, please do not use this site. Any use of this site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We reserve the right to revise this legal information at any time and for any reason, without notice or obligation, by updating this posting. Your continued use of this site following the posting of any changes to the Terms and Conditions will mean that you accept such amendments. We strongly recommend that you periodically visit this page of the site to review the Terms and Conditions. You may contact us by e-mail at email@example.com with questions about the Terms and Conditions.
LEGAL AND PRIVACY NOTICES
Bryson Donovan is not registered as an investment adviser under the Investment Advisers Act of 1940, as amended. BD is a completely private firm and fund. The following disclosure are for clarity in position. All information contained herein is for informational purposes and should not be construed as investment advice. This site is intended solely to provide information regarding the potential financing capabilities of and its affiliates for prospective portfolio investments. The information provided on this page, including any information regarding BD’ current and historical portfolio investments, is not intended to recommend any investment described herein and is not an offer or sale of any security or investment product or investment advice. Bryson Donovan provides investment advisory services to privately offered funds. BD does not solicit or make its services available to the public or other advisory clients for purposes of investment in the Brysondonovan funds.
While Bryson Donovan uses reasonable efforts to help ensure that all material on this site is correct, accuracy cannot be guaranteed and Bryson Donovan makes no representations or warranties as to the accuracy, reliability or completeness of any information at this site. Any content contained herein is subject to change without notice. THE SITE, AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS TO THE FULL EXTENT PERMITTED BY LAW. BD further assumes no responsibility for and makes no warranties that functions contained at this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components. BD shall not be liable for any damages, viruses, or services, repairs or corrections that must be performed on your computer or other property on account of your accessing or using this site. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
Information provided is subject to change.
BD does not warrant the availability, accuracy, adequacy, completeness, timeliness, functionality, reliability, sequencing or speed of delivery of the information and material contained on the site and expressly disclaims liability for errors or omissions in the material and information.
BD is not liable for any consequential, incidental, special, punitive or exemplary damages arising out of any use of or inability to use the site or any portion thereof, regardless of whether BD has been apprised 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.
The names and logos of certain companies included on the site are provided for illustrative purposes only. Inclusion of such companies’ names and logos does not imply affiliation with or endorsement by such firms.
There may be legal requirements in various countries and jurisdictions that may restrict the information that can be accessed. Persons who obtain information from this site should inform themselves about and observe any restrictions imposed in the jurisdiction in which the site is accessed.
MATERIAL TO BE CONSULTED IN ITS ENTIRETY
All materials on this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
LINKING, POSTING AND TRANSMITTING
Although BD provides the information accessible on the site for your personal, non-commercial use, BD retains all property rights, including, without limitation, property rights under U.S. and international copyright law, to all such information. Without the prior express written permission of BD, you MAY NOT do any of the following: (A) hyperlink to the site, whether to its homepage or to an interior page; (B) include information from the site on another site, on a server computer, or in documents; (C) modify or re-use the information from the site; or (D) transmit any commands, codes or information to the site, with the exception of those commands necessary to view the site. BD reserves all other rights.
Do not transmit to the site or to any BD personnel, any pornographic, obscene, profane, defamatory, libelous, threatening, or unlawful material or any unsolicited commercial communications. Do not transmit to the site or to any BD personnel any material that could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that BD, or other parties involved in creating, producing, or delivering the site, may monitor or review any transmissions to the site or to BD personnel, BD and such other parties assume no responsibility or liability that may arise from the content thereof, including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation. BD reserves the right to monitor and record activity on the site and respond to such activity as it deems appropriate.
By entering the site you acknowledge and agree that any communication or material you transmit to the site or BD, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any materials you transmit to BD may be used by BD, anywhere, anytime and for any reason whatsoever.
Although the site may be linked to other sites upon permission, BD is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the site you acknowledge and agree that BD has not reviewed all the sites that may be linked to the site and is not responsible for the content of any off-site pages or any other site linked to the site. You further acknowledge and agree that when you follow links to pages not maintained on the site, you do so at your own risk.
BD does not collect any personally identifiable information such as IP address, domain name, webpage, the length of time spent on the site, or the pages accessed while visiting the site. The information-gathering technology referred to as “cookies” will not be used in connection with the site. The only information that BD collects is that which is voluntarily submitted by users. By using the site you hereby understand and consent to the transfer of any data submitted by you to BD. Under no circumstances will Veritas exchange such information with third parties.
COPYRIGHT AND TRADEMARK NOTICE
BD is the copyright owner for everything on the site or has the permission to use the material on the site. No portion of the site, including, without limitation, the text or images may be used in any manner, or for any purpose, without the prior express written permission of BD, except as provided herein. The compilation of all content on the site is the exclusive property of BD and is protected by U.S. and international copyright laws. All software used on the site is the property of BD or its software suppliers and is protected by U.S. and international copyright laws.
By entering the site you acknowledge and agree that each name, logo, trademark, or service mark contained on the site is owned or licensed by BD and may not be used by you without the prior written approval of BD. BD will aggressively enforce its intellectual property rights to the full extent of the law. Information or images of places or people are either the property of BD or used on the site by BD with permission. Your use of any such materials is prohibited unless specifically permitted by BD. Any unauthorized use of such materials may subject you to penalties or damages, including, without limitation, those related to violation of trademarks, copyrights, privacy, and publicity rights.
RESTRICTED USE OF SITE MATERIALS grants you a limited license to access and make use of this site. For your personal use only, you may print copies of the information from the site and you may store information from the site on your own computer. You may not modify the site, or any portion thereof, for any reason. Any unauthorized use terminates the permission or limited license granted by Bryson Donovan. BD reserves all other rights.
LIMITATIONS ON LIABILITY
You agree to indemnify, defend and hold harmless BD and its agents, employees, and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) that arise from, or related to, use of this site. Your breach of the Terms and Conditions, your violation of any applicable law, statute, ordinance, regulation, or of any third party’s rights, or claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in the Terms and Conditions. BD’s liability with respect to the site is limited to the maximum extent permitted by law. BD’ liability is limited even if BD has been advised of the possibility of the damages that you suffer or if any remedy you have fails its essential purpose. Under all circumstances, the maximum liability of BD, its agents, and employees to any user of the site with respect to the site is $100. This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of or use of any asset, whether for breach of contract, tortious behavior, negligence or under any other cause of action. You will be responsible for any liability to BD that arises out of your breach of the Terms and Conditions or your use of the site.
APPLICABLE LAW AND JURISDICTION
Florida law governs the Terms and Conditions. Any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of these procedures, including any contention that all or part of these procedures are invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. All other issues shall be governed by the law of the State of Florida, without regard to its choice of law rules.
You agree to resolve by arbitration any controversy arising between you and BD, its control persons, predecessors, subsidiaries, affiliates, successors, assignees, and employees. With respect to the resolution of any controversy with respect to the Terms and Conditions, you acknowledge that: (A) arbitration is final and binding on the parties; (B) the parties are waiving their right to seek remedies in court, including the right to a jury trial; (C) pre-arbitration discovery is generally more limited than and different from court proceedings; (D) the arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek a modification of rulings by the arbitrators is strictly limited; and (E) any arbitration under Terms and Conditions shall be conducted in The State of Florida before a panel of three (3) arbitrators pursuant to the JAMS Comprehensive Arbitration Rules and Procedures, except to the extent that such rules are modified by the Terms and Conditions. Arbitration is initiated by a party serving the other party with a written demand for arbitration or a written notice of intention to arbitrate. No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (A) the class certification is denied; (B) the class is decertified; or (C) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under the Terms and Conditions except to the extent stated herein.
BD may assign the Terms and Conditions in whole or in part at any time without your consent. You may not assign the Terms and Conditions or delegate any of your obligations. Any purported assignment of the Terms and Conditions in violation of its terms is void.
If any of the Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms and Conditions.