TERMS OF USE
Introduction
The Website Standard Terms and Conditions (the “Terms” or these “Website Standard Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms and Conditions.
Any changes, modifications or additions to, or deletions from these Terms shall be effective upon posting on this website. If you use this website after Balfour Pacific Capital Inc. (“Balfour Pacific”) posts changes to the Website Standard Terms and Conditions, you accept the Terms as changed. Balfour Pacific expressly reserves the right to monitor any use of this website.
Intellectual Property Rights
Balfour Pacific and/or its licensors own all rights to the content of this website, including without limitation its “look and feel”, editorial content, notices, software and other material and intellectual property, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
Restrictions
You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website; and
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from access by you and Balfour Pacific may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
No Warranties
This Website is provided “as is,” with all faults, and Balfour Pacific makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website.
No Offer of Securities or Advice
This website is for informational purposes only. Under no circumstances should any material at this site be used or considered as an offer to sell or a solicitation of any offer to buy an interest in any investment funds managed or advised by Balfour Pacific or its affiliates. Any such offer or solicitation will be made only by means of a Confidential Private Placement Memorandum relating to the particular fund. Access to information about the funds is limited to investors who either qualify as accredited investors within the meaning of the Securities Act of 1933, as amended, qualified purchasers within the meaning in the Investment Company Act of 1940 or those investors who generally are sophisticated in financial matters, such that they are capable of evaluating the merits and risks of prospective investments.
The material in this site does not constitute and should not be construed as an offering of advisory services or a promise to undertake or solicit business. Balfour Pacific is not utilizing this site to provide investment or other advice, and nothing on this site should be construed as a recommendation that you buy, sell or hold any security or other investment or that you pursue any investment style or strategy. If you would like investment, accounting, tax or legal advice, you should consult with your own advisors with respect to your individual circumstances and needs.
Past performance is not indicative of future results. No representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
No Reliance
While Balfour Pacific uses reasonable commercial efforts to update the information on this Website, it makes no representations or warranties as to the accuracy, reliability or completeness of any information on this Website. Any content on this site is subject to change without notice.
Timeliness of Content
Balfour Pacific disclaims any intention or obligation to update or revise any information contained in this website, whether as a result of new information, future events or otherwise.
Linked Sites
Balfour Pacific has not reviewed any of the sites that may be linked to this Website and is not responsible for the content of off-site pages or any other sites linked or linking to this Website. Your linking to any off-site pages or others sites is at your own risk.
Limitation of Liability
In no event shall Balfour Pacific, nor any of its affiliates, officers, managers, agents, directors and employees have any liability to you under any theory of liability or indemnity arising out of or relating to your use of the website. You hereby release and forever waive any and all claims you may have against Balfour Pacific, its affiliates, officers, managers, agents, directors and employees (including but not limited to claims based upon the negligence of Balfour Pacific, its affiliates, officers, managers, agents, directors and employees) for losses and damages you sustain arising out of or relating to the use of this website.
Indemnification
You hereby indemnify to the fullest extent Balfour Pacific from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Revision of Terms
Balfour Pacific is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Assignment
Balfour Pacific shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Balfour Pacific and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the Province of British Columbia in Canada, and you submit to the non-exclusive jurisdiction of the provincial courts located in British Columbia for the resolution of any disputes.