TERMS OF USE
PLEASE READ CAREFULLY.
Last Dated Updated: May 28, 2018
BIRCH FIRST STRATEGIC ADVISORS LLC, a Delaware limited liability company, BIRCH FIRST CAPITAL PARTNERS LLC, a Delaware limited liability company, BIRCH FIRST CAPITAL INVESTMENTS LLC, a Delaware limited liability company, BIRCH FIRST TRUST, a Delaware Statutory Trust, and its affiliates and related companies (each a “PROVIDER” and collectively referred to as “PROVIDERS”) are providing this www.birchfirst.com website (the “Site”) to you subject to the following terms (“Terms”).
NONE of the PROVIDERS are registered Broker Dealers or registered Investment Advisers and DO NOT render accounting, investment, legal or tax advice.
These Terms should be read carefully as they exclude or limit each PROVIDER’s liability and set forth the terms and conditions which apply to your use of the Site. By using the Site, you agree to be bound by the Terms below. If, at any time, the provisions of these Terms are not acceptable to you or if you do not agree to be bound by these Terms, please discontinue your use of the Site. Each PROVIDER reserves the right to monitor, filter and archive all e-mail communications sent and/or received by its employees and to forward such e-mail to someone other than the recipient.
NO OFFER OR SOLICITATION
The information provided in the pages of this web site is not intended to constitute an offer or solicitation of securities, financial services, or any product to buy or sell from the PROVIDERS, its affiliates and/or the represented companies. All information contained herein is provided for informational purposes only. Although this site includes information regarding specific securities and some aspects of the investment process generally, you should not consider anything you find on the site to be an individualized recommendation to buy, sell, hold or otherwise pursue or invest in any specific security, investment or investment style. We do not give any advice or make any representations through the site as to whether any security or investment is suitable to you or will be profitable. The past performance of any investment, investment strategy or investment style, which may be represented, is not indicative of future performance.
USE AT OWN RISK
The use of this web site is at the user’s sole risk. Each PROVIDER, its affiliates, and/or the represented companies, makes no representation or warranty of any kind with respect to the products and services described. Information and analysis obtained from this web site is subject to errors, omissions, incompleteness, consolidation, and possible future changes. We may not update you as to changes in our views or the content of our research. The user should consult their professional adviser prior to acting on any information or references contained herein.
“AS-IS” – NO WARRANTY
All information on this site is provided “as is” without warranty of any kind. Each PROVIDER, its affiliates, and/or the represented companies, makes no representations, guarantees or warranties, either expressed or implied, as to the accuracy, completeness or timeliness of the information contained on this site and expressly disclaims any warranties of merchantability or fitness for a particular purpose and disclaims any obligation to update or correct any information contained in this site that may become inaccurate or dated.
SITE ACCESS AND ACCEPTANCE
In accessing the pages on the Site the user accepts that electronic mail, and other transmissions passing over the Internet may not be free from interference by outside third parties and may not remain confidential. Each PROVIDER, its affiliates, and/or the represented companies, cannot guarantee the privacy or confidentiality of any information relating to the user passing over the Internet.
PASSWORD ACCESS
If a PROVIDER, its affiliates, and/or the represented companies, provides you with a password, you are solely responsible for maintaining the confidentiality and security of your password, and the content and/or areas that the password allows access to. You may not disclose your password to any third party. You accept full responsibility for any use of your password. You must notify us of any actual or suspected loss, theft or unauthorized use of your password. We are not obligated to inquire as to the authority or proprietary of any use of or action taken under your password. We will not be responsible for any loss to you that arise from such use or action or from your failure to comply with these provisions.
USE OF INFORMATION AND MATERIALS
The information and material contained within this Site, and the terms, conditions and descriptions that appear are subject to change at a PROVIDERS sole discretion. Unauthorized use of this Site or unauthorized entry into PROVIDERS systems, misuse of passwords or misuse of any information contained within the Site is strictly prohibited. You are hereby authorized to view the information contained in the Site and print pages in the Site for informational, non-commercial purposes only.
SUBMISSIONS
All information submitted to PROVIDER via this Site or a PROVIDER’s email shall be deemed and remain the property of such PROVIDER, and such PROVIDER shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information you provide such PROVIDER through this Site. Such PROVIDER shall not be subject to any obligations of confidentiality regarding submitted information except as specifically agreed to otherwise in writing or required by law. Nothing contained herein shall be construed as limiting or reducing PROVIDER’s responsibilities and obligations to clients in accordance with PROVIDER’s Privacy policies.
CONTENT SUBJECT TO CHANGE
The information provided in the pages of this web site is subject to change and update from time to time. Each PROVIDER, its affiliates, and/or the represented companies, or any other person involved with the provision and maintenance of this web site, cannot take any responsibility for the accuracy of the information provided. The use of such information is at the User’s sole risk. Each PROVIDER, its affiliates, and/or the represented companies does not accept any liability for any loss or damage arising out of negligence or otherwise howsoever as a result of use of or reliance on this information, whether authorized or not.
MARKETING CONTENT
Content such as graphic art, pictures, descriptions, animations and/or illustrations contained within this site are for marketing purposes, and may not depict actual employees or facilities of each PROVIDER, its affiliates, and/or the represented companies.
THIRD PARTY LINKS
PROVIDERS may provide hypertexts links and pointers to websites maintained by third parties that are not part of the Site for you to access in your sole discretion and may from time to time provide third party materials on the Site (“Third Party Sites”). Neither PROVIDER nor its suppliers operates or controls in any respect any information, products, or services on these Third Party Sites, and PROVIDERS make no representations and you expressly agree that PROVIDERS are not responsible for any losses or damages in connection with the information, security, privacy practices, availability, content or accuracy of materials of such Third Party Sites. The provision of hypertext links to these Third Party Sites is not a guarantee or endorsement of the products, services, information, or recommendations of such Third Party Sites, and PROVIDERS are not liable for any reliance upon or the failure of any products or services advertised on these or any other Third Party Sites. Also, you should be advised that Third Party Sites might have a privacy policy different from that of each PROVIDER and Third Party Sites may provide less security than this Site.
TECHNICAL ISSUES
Each PROVIDER, its affiliates, and/or the represented companies, is not responsible for any technical problems associated with this site. All or any portion of this site may not be available and/or may not function properly at any time. This site may have and may cause problems such as viruses and other damaging computer programming routines or engines. We disclaim liability for any data in transport, to or from this site, and disclaim liability for any interception of data or communications. We are not responsible and are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of this site. We are not responsible for any defects, delays or errors in or resulting from your use of this site.
TRADEMARK NOTICE
The Birch First logo is a service mark of Birch First Trust, a PROVIDER herein. In addition, such PROVIDER claims rights in certain other registered and unregistered trademarks and service marks contained on this Site. Unauthorized reproduction or use of any such trademarks and service marks is prohibited.
© 2018 COPYRIGHT
Content in the pages, in the screens displaying the pages, and in the information, materials and other content contained in the Site is owned by such PROVIDER unless otherwise indicated and is protected by United States and international copyright laws and treaties. The information, materials and other content may not be modified, copied, reproduced, republished, uploaded, downloaded, posted, transmitted, publicly displayed, used to create a derivative work, sold, or otherwise used for public or commercial purposes without the express written consent of such PROVIDER. No solicitation is made by such PROVIDER to any person to use any information, products, services, or materials in a jurisdiction where such information, products, services, or materials is prohibited by law.
APPLICABLE LAW
Information appearing on the pages of this web site is provided in accordance with, and subject to, the laws of the United States of America, and you are hereby advised that, by virtue of your browsing or accessing these pages you have accepted the laws of the United States of America as the law governing the conduct and operation of this web site. The courts of the United States of America shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with this web site and it’s use. Should you not wish to accept the laws of the United States of America, or the jurisdiction of the courts of the United States of America, we must ask that you immediately discontinue further use of this web site.
INTERNATIONAL USE
Due to the global nature of the Internet, this website may be accessed by users in countries other than the United States. Each PROVIDER makes no warranties that materials on this website are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this website, then you should not do so. Those who choose to access this site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.
This Site is intended for use by residents of the United States only. Investors outside of the United States are governed by different regulations and laws that have not been included in this site. If you are a UK resident or citizen, you are solely responsible for the use of this site, and are not covered by the rules and regulations made for the protection of investors in the UK, and this means that you will not have the benefit of rights designed to protect investors under the Financial Services Act of 1986 and under the rules of the Financial Services Authority or SFA.
GENERAL RELEASE
Users of this web site hereby release each PROVIDER, and/or its affiliates and its heirs, executors, administrators, successors and assigns from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity, which against each PROVIDER, and/or its affiliates, the user of the web site, and the user’s successors and assigns ever had, now have or hereafter can, shall or may have, for, upon, or by reason of any matter, cause or thing whatsoever.
INDEMNITY
Any liability to a PROVIDER, and/or its affiliates resulting from or relating to your use of this site is your responsibility. You agree to indemnify, defend, and hold harmless such PROVIDER, and/or its affiliates, agents, and employees from and against any and all suits, losses, claims, demands, liabilities, damages, costs, expenses (including reasonable attorney’s fees) that arise from or relate to your use of this site, your violation of 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 this Terms and Conditions of Use, or your breach of these Terms and Conditions of Use or any representation, warranty, or covenant made by you in this Terms and Conditions of Use.
DISCLAIMER OF WARRANTIES
Access to and use of the Site is at your own risk. Each PROVIDER or its suppliers do not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, or otherwise minimize or eliminate the inherent risks of the internet including but not limited to loss of data, computer virus infection, spyware, malicious software, trojans and worms. Each PROVIDER accepts no liability in respect of losses or damages arising out of changes made to the content of the Site by unauthorized third parties.
THE INFORMATION CONTAINED IN THIS SITE, INCLUDING TEXTS, GRAPHICS, LINKS, OR OTHER ITEMS ARE PROVIDED “AS IS.” NEITHER PROVIDER NOR ITS SUPPLIERS WARRANT THE AVAILABILITY, ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ACCESSED ON OR THROUGH THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR MATERIALS ACCESSED ON OR THROUGH THE SITE. NO WARRANTY OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS IS GIVEN IN CONJUNCTION WITH THE INFORMATION, MATERIALS, PRODUCTS, OR SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PROVIDER OR ITS THIRD PARTY SUPPLIERS BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON THIS SITE, OR IN CONNECTION WITH ANY FAILURE OF AVAILABILITY, PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF PROVIDER OR ITS THIRD PARTY PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION MAY NOT APPLY TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
GOVERNING LAW AND JURISDICTION
You agree that your use of the Site shall be governed by all applicable Federal laws and the laws of the state of the Delaware, without giving effect to any principles of conflicts of law. You expressly agree to submit to the sole and exclusive jurisdiction of the state and federal courts sitting in the jurisdiction of the state of Delaware.