TERMS AND CONDITIONS OF USE
This website, www.baumpartners.com (the "Site"), is owned and operated by Baum Capital Partners Management, LLC ("Baum Capital Partners", "us", "our" or "we"). Baum Capital Partners is the manager of a private investment fund. The Site and its contents (except to the extent explicitly provided by third parties) are the property of Baum Capital Partners.
Please read the following information carefully before using the Site. By using the Site, you agree that you have read and accepted these terms and conditions (the "Agreement") and the restrictions governing the use of the Site. This Agreement is a binding agreement and governs your access and use of the Site, including any information, tools and other material available on or through the Site.
Please see the Contact Us page for further information about how to contact us.
The materials and information included in the Site are provided for information purposes only and are subject to change without notice. None of the information or materials contained on or accessible through the Site, including any information or materials accessible in any password protected areas, should be construed as providing any type of investment or other advice to you, nor should you consider it as a solicitation, recommendation, endorsement or offer to you to buy or sell any financial security or other financial instrument, effect any transactions or conclude any legal act of any kind whatsoever.
The Site does not provide investment advice to any person viewing the contents of the Site, and no information or materials contained in the Site should be construed or relied upon as such. Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy. We do not give any advice or make any representations through the Site as to whether any security or investment is suitable for you or will be profitable. Nothing contained on any part of the Site constitutes investment, legal, accounting, tax or other professional advice, nor is it to be relied upon in making an investment or other decision. Baum Capital Partners and its affiliates will not treat users of the Site as clients, customers or investors by virtue of their accessing the Site.
Baum Capital Partners grants you a limited right to use the Site. Your right to use the Site is subject to your agreement to abide by this Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site. At any time and for any reason we may revoke your right to use all or any portion of the Site. You may not violate or attempt to violate the security of the Site.
Accuracy of Information:
Baum Capital Partners does not warrant the accuracy of the information provided herein, or on any site accessed from the Site through a hypertext link, either expressly or impliedly, for any particular purpose and expressly disclaims any warranties of merchantability or fitness for a particular purpose. Baum Capital Partners shall not be responsible for any loss or damage that results from interception by third parties of any information made available to you through the Site. Although the information provided to you on the Site has been obtained or compiled from sources we believe to be reliable, Baum Capital Partners cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. BAUM CAPITAL PARTNERS ALSO MAKES NO GUARANTEE AS TO THE ACCURACY, VALIDITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION ON ANY SITE TO WHICH YOU GAIN ACCESS THROUGH A HYPERTEXT OR OTHER LINK FROM THE SITE.
Baum Capital Partners makes no representation, undertaking or warranty that the information contained in the Site is accurate, reliable or complete. Dated content available on the Site speaks only as of the date indicated.
Third-Party References; External Sites:
The Site may contain references to third parties or links to other sites or addresses. When you access certain links on the Site, you may leave the Site. If you access any third-party website through the Site or otherwise, you do so at your own risk. External sites are not part of the Site and do not belong to us. We do not endorse or accept any responsibility for the content of such external websites, nor the products or services presented on them. Any external websites are independent from us, and we have no control over or responsibility for the information provided, the accuracy of such information, or the activities undertaken on such sites. We do not control any such third parties, nor do they control us, and we assume no liability or responsibility with respect to any such third party.
Access to the Site and any information on the Site is not directed at any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) it is prohibited to access the Site or direct such information for any reason. If you are a person in a jurisdiction in which such prohibitions apply, you must not access the Site.
Warranties and Limitations of Liability:
THE SITE IS PROVIDED "AS IS" AND YOUR ACCESS AND USE OF IT IS AT YOUR OWN RISK. To the extent permitted by law and unless otherwise specifically set out in this Agreement, we make no warranties, representations or undertakings in respect thereof and all warranties representations, undertakings, or other terms or any kind, whether express or implied by statute, custom or usage (including without limitation, warranties as to satisfactory quality, fitness for purpose or skill and care) relating to the Site and the information contained in or omitted from the Site are excluded.
Baum Capital Partners is not responsible for any errors or omissions or for the results obtained from the use of any information on the Site or for any technical problems you may experience with the Site.
To the fullest extent permitted by law, Baum Capital Partners (and its affiliates, agents or licensors) shall not be liable, whether in contract, tort, negligence, misrepresentation or otherwise, for any direct or indirect loss or damage caused, directly or indirectly, by your use of the Site or the information contained on the Site or provided to you pursuant to your use of the Site.
In no circumstance shall Baum Capital Partners (or any of its affiliates, agents or licensors) be liable for any direct, indirect, incidental, special or consequential loss or damages (including, without limitation, loss of profit, business opportunity, loss of goodwill, anticipated savings or data) arising from: (i) your inability to use the Site at any time or any error in the provision of the Site; (ii) unauthorized access to or alteration of the Site or any information or data transmitted in relation to the Site; (iii) any error, fault, computer virus or other computer or data-corrupting or data-damaging material transmitted through the Site; (iv) third-party services outside Baum Capital Partners' reasonable control (including, but not limited to, telephone and browser services and your use of email communications to contact or instruct us, and any delay in our receipt or confirmation of such a communication, any interception of or changes to such a communication and any reasonable delay in acting on such a communication), whether such services are used by you to access the Site or otherwise; (v) your use of or reliance on other websites to which you have gained access by means of hyperlinks published on the Site; or (vi) any inaccurate information, material or opinions published on the Site (or accessed via the Site) or your reliance thereon. For the avoidance of doubt this provision shall apply whether or not the relevant loss or damage arises by reason of Baum Capital Partners' negligence or in contract, tort, misrepresentation or otherwise.
BAUM CAPITAL PARTNERS' LIABILITY IS LIMITED EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. 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 shall be liable to Baum Capital Partners for any loss, liability or cost that Baum Capital Partners (or any of its affiliates) suffers as a result of your use of the Site or any breach of this Agreement, and in particular any warranties, representations or undertakings made, by you. You agree to indemnify, defend and hold harmless Baum Capital Partners and its affiliates, 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 relate to: (i) your use of the Site; (ii) your breach of this Agreement or any representation, warranty or covenant made by you in this Agreement; (iii) your violation of any applicable law, statute, ordinance, regulation or of any third party's rights, or (iv) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this Agreement.
Unless stated otherwise, the information, materials, logos and images contained in the Site are the property of Baum Capital Partners or its affiliates or licensors, with all rights reserved. Baum Capital Partners and other Baum Capital Partners marks referred to on the Site are trademarks that belong to Baum Capital Partners. No visitor may use such trademarks or other devices without the prior written consent of Baum Capital Partners.
Other product and company names reproduced on the Site may be the trademarks (registered or otherwise) of the respective owners, and all rights in the material on any other websites which you may be able to link to from the Site may be owned by third parties, with all rights reserved by such parties.
You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Site except as explicitly permitted in this Agreement.
As a visitor to the Site, you may view the Site and you are welcome to print hard copies of material on it for your personal, non-commercial use. You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site. All other copying or distribution of any part of the Site, whether in electronic, hard copy or other format, is prohibited. Any copies must not alter the original content and must reproduce our copyright notices.
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as, the property of Baum Capital Partners. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way we use such material. We are free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication that you send to the Site or to us for any purpose whatsoever, including but not limited to developing business plans or investment strategies. We are not obligated to use any such ideas or materials and you have no rights to compel such use.
Baum Capital Partners reserves the right to make any changes to these terms and conditions at any time and it is your responsibility to check for any changes to these terms and conditions. You will be bound by revised versions of these terms and conditions that Baum Capital Partners posts on the Site. Modifications will be effective immediately upon posting unless we indicate otherwise.
If a court of law or competent jurisdiction or any regulatory authority finds that any part of these terms and conditions is invalid, unlawful or unenforceable to any extent, the remainder of these terms and conditions shall continue to be valid and enforceable to the fullest extent permitted by United States law.
These terms and conditions are governed by the laws of the State of Missouri and United States law. The state and federal courts located in the State of Missouri shall have exclusive jurisdiction in relation to any dispute arising out of your use of the Site or arising from or connected with these terms and conditions and you hereby submit to the exclusive jurisdiction of the courts located in the State of Missouri.