Terms And Conditions
No Warranties and Limitations
To the fullest extent allowed by law, the Website, and any Information, are provided to you on an “as is,” “as available” basis without warranty of any kind whether express, statutory or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, and non-infringement, all of which we expressly disclaim. We do not endorse and make no warranty as to the accuracy, completeness, currency, or reliability of the content, and we will not be liable or otherwise responsible for any failure or delay in updating the Website or any content. We have no duty to update the content of the Website. We make no representations or warranties that use of the content will be uninterrupted or error-free. You are responsible for any results or other consequences of accessing the Website and using the content, and for taking all necessary precautions to ensure that any content you may access, download or otherwise obtain is free of viruses or any other harmful components.
The Website may include information as to past or current circumstances, events, financial results or performance and statements about possible, assumed or expected circumstances, events, financial results or performance that are forward-looking in nature and subject to risks and uncertainties. Birch Hill cautions that no such statement is a guarantee as to future matters and that actual circumstances, events, results and performance will be affected by a number of factors, many of which are beyond the control, and may be materially different from what Birch Hill currently anticipate. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.
Your use of the Information is at your own risk. We specifically disclaim any liability, whether based in contract, tort, negligence, strict liability or otherwise, for any direct, indirect, incidental, punitive, consequential, or special damages arising out of or in any way connected with access to, use of or reliance on the Information (even if we have been advised of the possibility of such damages) or that arise in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission or delivery, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records, programs or files, interruptions in telecommunications connections to the Website or viruses whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the Website or the content. If notwithstanding the foregoing, we should be found liable for any loss or damage which arises out of or is in any way connected with any of the services or uses of the Website or the information, our total liability for all damages, losses and causes of action, whether in contract, tort including, but not limited to, negligence), or otherwise shall in no event exceed in the aggregate $100 CAD or the amount paid by you for accessing this site, if any, whichever is greater.
Copyright and Trademarks
The Information is protected by Canadian and international copyright law and treaty provisions, trademarks laws, and other proprietary rights laws. You must not copy, reproduce, republish, post, transmit, display, perform, distribute, modify, publish, license or create derivative works, link to or frame in another website, use on any other website, or transfer to sell from the Information or any part of it without our prior written approval. However, you may download one copy of the Information for your personal, non-commercial viewing only, provided that you do not remove or alter any trademark, copyright or other proprietary notice. Unauthorized use of this Website and/or the Information may violate applicable copyright, trademark or other intellectual property laws or other laws.
If you want to reproduce any of the Information, please send us a request at email@example.com. We may approve or deny any such request in our sole discretion.
All trade marks and trade names appearing on this Website are owned by us or our licensors. You may not use any such trademarks without the express written permission of the trademark owner.
Use of Site
The Website is directed to those individuals and entities located in Canada but may be hosted outside of Canada. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations or would subject any person or entity, including Birch Hill, to any registration or licensing requirements in that jurisdiction. If this applies to you, you are not authorized to access or use any of the information on this Website. We make no representation that the information, opinions, advice or other content on the Website (collectively, “Information”) is appropriate or that its products and services are available outside of Canada. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
This Website is for informational purposes only. Nothing contained in this Website constitutes investment, legal, accounting, tax or other professional advice. This Website and the Information contained on this Website does not constitute or imply any solicitation, offer or recommendation by Birch Hill to buy or sell any securities, financial instruments, investments or other services including any securities of any fund or other entity managed or advised, directly or indirectly, by Birch Hill or any of its affiliates, subsidiaries or other investees. Decisions based on information contained on this Website are your sole responsibility.
In our sole discretion, in addition to any other rights or remedies available to us and without any liability whatsoever, we at any time and without notice or liability to you may terminate or restrict your access to any component of this Website. In the event of such termination or restriction, these terms and conditions of use shall continue to apply and be binding upon you with respect of your prior use of the Website and of the Information.
Our Products and Services
This Website may describe products, programs and services that are not available or are prohibited in some countries. These descriptions do not imply that we intend to make those products, programs or services available in every country, or that those products, programs and services may be used lawfully in your country.
For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. The sites that are linked from this Website are not under our control. We do not have or assume any responsibility or liability for any communications or materials available at those linked sites. We do not endorse the content contained in any third party website. We do not make any representation, warranty or condition, express, implied or statutory of any kind regarding any third party website, including without limitation any representation or warranty regarding the legality, accuracy, reliability, quality, completeness, timeliness, non infringement, security, or suitability of any content on a third party website. We do not make any representation or warranty regarding the merchantability and fitness for a particular purpose of any content, goods or services on or made available through any third party websites. Nor do we make any representation, warranty or condition, express, implied or statutory that the operation of any third party website will be uninterrupted, free of error, viruses or any other harmful components. All links are provided for your convenience only and if you choose to access any third party website, you do so entirely at your own risk.
Relationship of the Parties
No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to Birch Hill that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
Copyright © 2019 Birch Hill Equity Partners Management Inc. All rights reserved