1.2. This Website is owned and operated by BCMS Corporate ("BCMS"), a limited liability company (LLC) in New York, at 747 Third Avenue New York, NY 10017.
2. Purpose Specification and Permitted Use of this Website
2.1. The purpose of this Website is to provide information on the services of BCMS in the field of sale and purchase of privately owned companies, to facilitate contact of potential vendors and buyers interested in such services and to arrange meetings, seminars and other events for such interested parties with a view to BCMS providing such services under contract. This Website also provides you with access to downloadable online newsletter, e-books and other publications provided by BCMS.
2.2. Your access to and use of this Website is permitted by BCMS for the purpose of viewing the information contained on this Website relating to BCMS’ services, contacting and communicating with BCMS about their services and arranging to attend meetings, seminars and other events hosted by BCMS in order to obtain further information and/or commission services from BCMS.
2.3. You may print one copy of the web pages published on this Website (including any online publications such as downloadable online newsletter and e-books) for internal use only, provided that you reproduce the web pages accurately without modification and that you do not use such copies of web pages for commercial gain or in a misleading context and that any copyright notices and trademarks that appear on any copied web pages are not removed from such copies.
2.4. You agree that you must obtain BCMS’ express written permission in advance if you wish to use material or works on this Website for any other purposes than those permitted above.
2.5 This material is provided for informational purposes only and is not an offer or solicitation of any investments or investment services.
3. Restrictions on Use of this Website
3.1. You will not copy, sell, rent, lease, license, sublicense, grant any rights in, transfer, distribute or otherwise assign or purport to assign to any third party the whole or any part of this Website (including any downloadable magazines or e-books which you may obtain from this Website).
3.3. You agree that your access to and use of this Website will not involve any action to interfere with this Website’s operation or willfully introduce any damaging data or computer virus to this Website, and you will not attempt to access, modify or delete any information on this Website or to post or otherwise introduce onto this Website any misleading material or material which may bring BCMS into disrepute.
3.4. You agree that your access to and use of this Website will not involve any action to post or otherwise introduce onto this Website any unlawful information or materials including but not limited to defamatory, sexually explicit, abusive or obscene information or materials of any kind or material that violates any person’s Intellectual Property Rights or other legal rights.
4. Requesting Information and Use of BCMS’ Services
4.1. On this Website facility is provided for you to register your personal details with BCMS indicating interest in being contacted by BCMS regarding provision of their services or applying to attend a BCMS seminar or other event by submitting an online form. BCMS will use all reasonable endeavors to respond to all such requests by you promptly and efficiently.
4.2. You are responsible for providing accurate and complete information on information request forms on this Website and BCMS will not be liable for any errors made by you. In the event that BCMS does not respond to any such request, BCMS kindly requests that you re-submit your request or telephone BCMS on the number indicated on this Website.
4.4. In the event that you may wish to use the services of BCMS as outlined on this Website (including paid for services by BCMS in undertaking a review of sellers’ businesses with a view to entering into a contractual arrangement to identify and introduce a buyer in return for a commission payment) you acknowledge and accept that further information must be sought from BCMS and negotiation of a specific contract between you and BCMS in relation to the provision of BCMS’ services will be required before BCMS provides services to you.
5. Disclaimers and Liability
5.2. Whilst BCMS uses all reasonable endeavors to ensure that the information and materials provided on this Website are accurate and complete, BCMS makes no representation or warranty as to the quality, suitability, accuracy or completeness or otherwise of any of the information and materials provided on this Website which are provided on an “as is” and “as available” basis, and reliance on such information and materials by you are at your own risk.
5.3. This Website is provided via a server through the Internet and as a result BCMS cannot warrant that this Website will function consistently or be uninterrupted or error free at all times. Accordingly, errors and downtime may occur in relation to this Website from time to time and whilst BCMS will use all reasonable efforts to remedy the same BCMS cannot warrant that such errors will be corrected or that such downtime will be resolved promptly, particularly where such errors and downtime are caused by third parties or events outside BCMS’ control.
5.4. BCMS cannot and does not warrant that this Website and the servers that make it available via the Internet are free of viruses or other harmful data (which may include worms, Trojan horses, cancel-bots, or other harmful and destructive components) which may damage your computer equipment or lead to loss or corruption of data, and BCMS will not be liable for any such damage whatsoever. Accordingly, BCMS recommends that at all times when accessing and using this Website you use sufficient anti-virus software.
5.5. BCMS hereby excludes liability whether in contract, tort, by statute or otherwise in respect of any special, indirect, incidental or consequential loss or damage arising out of or in connection with your use of this Website or the information and materials contained on this Website including without limitation: loss of revenue or profits, loss of business, loss of goodwill, loss or corruption of data and/or downtime.
6. Hyperlinks and Banners
6.1. You acknowledge and accept that this Website may contain links to third party websites and/or portals (“Links”). Such Links are provided for your convenience only and BCMS will not be liable for the web content accessible via such Links or the availability websites accessible via such Links. If you click on a Link you leave this Website and do so at your own risk.
6.2. The existence of Links on this Website does not imply that BCMS in any way endorses or is associated with the owners of the websites accessible via such Links or that the owners of websites accessible via any such Link are authorized to use any copyright material, trade mark or logo of BCMS.
7. Intellectual Property Rights
7.1. The materials and works on this Website are copyright works owned absolutely by BCMS which is the owner of all copyright, trade mark, patent, trade secret, or other proprietary rights whether unregistered or registered anywhere in the world (“Intellectual Property Rights”) in the content on this Website unless otherwise stated. Where there are third party materials or works reproduced on this Website (including in Links on this Website), BCMS is not the owner of the Intellectual Property Rights in such third party materials and works and does not grant you permission to use or reproduce them under this clause 2. In the event that you wish to use or reproduce such third party materials and works you must contact the third party owner directly, over which BCMS has no control.
7.2. BCMS does not warrant that any material or content posted or otherwise introduced onto this Website by users of this Website or provided by third parties will be truthful, accurate or honest or that such material or content does not infringe the Intellectual Property Rights or other rights of any third party and will BCMS be not liable or responsible for any such material or content. BCMS will make reasonable efforts to remove any such offending or infringing material or content from this Website upon notification of an alleged infringement.
7.3. You agree that you will direct any complaint or action regarding any alleged infringement of Intellectual Property Rights or other rights relating to the material and content on this Website to BCMS via the relevant contact form on this Website.
8.3. In the event of termination of your access to and use of this Website by BCMS you agree that you will immediately destroy any copies of downloaded or printed materials in your possession.
10. Jurisdiction and Governing Law
10.1. BCMS does not represent or warrant that the information on this Website complies with the regulatory regime of any other country than the United States. If you access this Website from other locations outside the United States you do so entirely on your own risk and you are responsible for compliance with local laws.