PBM Capital Group, LLC

WEBSITE TERMS AND CONDITIONS

Updated: November 14, 2018

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THE PRIVACY STATEMENT CAREFULLY BEFORE USING THIS SITE.

By using the Site (as defined below), you agree to these terms and conditions (the “Terms and Conditions”) as well as the contents of the Privacy Statement, which are incorporated herein by reference.

PBM Capital Group, LLC (the “Company”) may modify these Terms and Conditions from time to time and without notice. Your continued usage of this website (the “Site”) constitutes your acceptance of any such changes. If you do not agree to these Terms and Conditions, do not use the Site.

RESTRICTIONS ON USE

Material, services, data, and information from, on, or offered through the Site and any other website owned, operated, licensed, or controlled by the Company or its affiliates (including the portfolio companies whose sites are linked on the Site) may not be copied, distributed, republished, scraped, extracted, accessed, downloaded, uploaded, displayed, posted, transmitted, sold, used, or offered for sale or use in any way (including for competitive purposes), without the prior written consent of the Company. All text, graphics, interfaces, photographs, designs, logos, artwork, code, and other content is protected by copyright, trademark, and other intellectual property laws under both United States and foreign laws. Modification or use of any of the foregoing for any purpose not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other applicable laws and the Company’s intellectual property rights. The material, services, data, and information on the Site is provided for lawful purposes only. All rights not expressly granted herein are reserved to the Company. If you violate any of these Terms and Conditions or circumvent (or attempt to circumvent) any security measures on the Site, your non-exclusive, limited license to use the Site and related content automatically terminates.

Without limiting the generality of the preceding paragraph or anything else in these Terms and Conditions or the Privacy Statement, you agree not to use, or cause to be used, any computerized or other automated program or mechanism, including without limitation any scraper, spider, or robot, to access, extract, download, scrape, display, transmit, publish, any materials, data, or information on the Site for any purpose, including without limitation for purposes of selling or offering to sell such materials, data, or information to any competitor of the Company.

SUBMISSIONS

Use of all remarks, suggestions, ideas, graphics, items, data, pictures, files, audio, video, other multimedia, or other information uploaded, displayed, posted, made available or otherwise communicated to the Company, another user of the Site, or the Site’s third-party server, through the Site (together, the “Submission”) shall automatically be granted to the Company in the form of a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license. For each Submission you post, make available or otherwise communicate through the Site, you represent and warrant that: (a) you own or control all of the rights to such Submission and your use of the Submission does not violate any law, rule or regulation; (b) such Submission does not contain any virus, malware, or the like; and (c) such Submission does not violate these Terms and Conditions or any rights of any third party.

The Company will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities to a Submission that may appear in future Company operations. Except as noted below in this paragraph, the Company will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. The Company may remove any Submission that in its sole judgment violates these Terms and Conditions, including, but not limited to any Submission that it deems to be offensive, illegal or that may harm or threaten the safety of any person. The Company does not control or endorse the Submissions and disclaims all liability relating to the Submissions. Personally-identifiable information that may be received on or through the Site is provided voluntarily by you. This shall be used solely in accordance with the Company’s Privacy Statement provided on the Site. You acknowledge that you are responsible for whatever Submission you may submit, and you, not the Company, have full responsibility for the message, including its legality, reliability, accuracy, appropriateness, originality, and copyright.

THIRD PARTY CONTENT

In addition to official pages on the Site containing the content of the Company in support of the Company’s business, the Site may include third party content and may provide links to websites and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. The views expressed in such Third Party Content should not be construed as representing the views of the Company. In addition, the Site may include certain applications, features, programs and services provided by third parties (the “Third Party Applications”). The Company does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The Company is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is.” Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements. Use of Third Party Content and Third Party Applications is at the user’s own risk and the Company makes no endorsement, claim, or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third Party Content, or websites linking to the Site. Such content is not under the control of the Company and the Company is not responsible for the contents of any Third Party Content or any link contained in a linked website, or any review, changes or updates to Third Party Content. Your use of Third Party Content will be subject to that third party’s terms and conditions, if any, and its privacy and data gathering policies.

LOCATION OF SERVICES

The Company controls and operates the Site from its headquarters in Charlottesville, VA and makes no representation that these materials, services, data, and information are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws.

DISCLAIMERS

THE MATERIALS, SERVICES, DATA AND INFORMATION ON THE SITE ARE BELIEVED TO BE ACCURATE AT THE TIME THEY ARE POSTED ON THE SITE. HOWEVER, THE MATERIALS, SERVICES, DATA, AND INFORMATION ON THE SITE COULD CONTAIN ERRORS AND INACCURACIES AND ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUING, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL, SERVICES, DATA, OR INFORMATION ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING: THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, CONTINUED ACCESS TO, USE OF, OR TIMELINESS OF THE MATERIALS, SERVICES, DATA AND INFORMATION ON THE SITE, INCLUDING ALL SUBMISSIONS, CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE, ANY OF WHICH MAY BE REVOKED, REMOVED, OR TERMINATED, AS THE CASE MAY BE, BY THE COMPANY AT ANY TIME AND WITHOUT PRIOR NOTICE.

FORWARD-LOOKING STATEMENTS; NO SOLICITATIONS

Th Site may contain certain “forward-looking statements.” Such forward-looking statements are sometimes identified by words such as “intends,” “anticipates,” “believes,” “expects” and “hopes” and include, without limitation, statements regarding the Company’s plans of business operations, potential contractual arrangements, receipt of working capital, anticipated revenues and related expenditures and involve a number of risks and uncertainties that could cause actual results to differ materially from projected results. Such factors include, among others, the willingness and ability of third parties to honor their contractual obligations, the decisions of third parties over which the Company has no control; such as commodity prices, environmental and government regulations, availability of financing, judicial proceedings, force majeure events, and other such risk factors. Many of these factors are beyond the Company’s ability to control or predict. Investors are cautioned not to put undue reliance on forward-looking statements. Except as otherwise required by applicable securities statutes or regulations, the Company disclaims any intent or obligation to update publicly these forward-looking statements, whether as a result of new information, future events or otherwise.

Nothing on this website is either an offer to purchase, or a solicitation of an offer to sell, shares of this or any other entity. Nothing on this website is a solicitation of a proxy from a security holder of this or any other company.

STOCK QUOTE INFO

The Site may contain stock quotes for certain of the Company’s portfolio companies or contain links to such information. In such event, all stock quotes are delayed unless otherwise stated. All stock quotes and historical stock price data are provided by third party service providers and are provided for informational purposes only, and are not intended for trading purposes. If you are contemplating trading in the securities of any other issuer referred to on the Site, we strongly advise you to seek independent professional advice before making any investment decision. The Company makes no representation or warranty regarding the accuracy or completeness of any such stock price quotes or historical stock price data and has not taken any steps to verify the adequacy, accuracy or completeness of the information provided on the Site.

LIMITATION OF LIABILITY

THE USE OF THE SITE AND THE MATERIAL, SERVICES, DATA, AND INFORMATION ON THE SITE IS AT YOUR SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY TO PERSON OR PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES OR INJURY CAUSED BY OR OTHERWISE RELATED TO ANY USE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DOWNTIME, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR OTHER HARMFUL CODE, OR LINE FAILURE. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY (INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, PROPERTY DAMAGE, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING IN TORT, CONTRACT, OR OTHERWISE, THAT RELATE TO THE SITE OR ANY MATERIALS, SERVICES, DATA OR INFORMATION CONTAINED OR OFFERED THEREIN, EVEN IF THERE IS NEGLIGENCE OR A COMPANY OR A COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

TERMINATION

The Company may terminate or suspend your right to use the Site, any services provided on the Site, and/or the license to use the Company’s goods or services obtained through the Site at any time. Your right to use the Site, any services provided on the Site, and/or the license to use the Company’s goods or services obtained through the Site shall terminate immediately and automatically if you should breach any of these Terms and Conditions. You agree that the following actions, among others and whether or not set forth herein, shall constitute a breach of these Terms and Conditions:

1. Using the Site for any purpose in violation of local, state, national, or international laws;

2. Using material that infringes on the intellectual property rights of the Company or others or on the privacy or publicity rights of others;

3. Using material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by the Company in its sole discretion;

4. Distributing viruses or other harmful computer code;

5. Taking any action that interferes with the use or functionality of the Site; or

6. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of the Company exposes the Company or any of their customers or suppliers to any liability or detriment of any type.

INDEMNITY

You agree to defend, indemnify, and hold the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorneys’ fees, resulting from, or alleged to result from, (a) your intentional or unintentional violation of these Terms and Conditions or (b) your use of the Site, including any Submission.

GOVERNING LAW AND VENUE

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia.  Any dispute relating to these Terms and Conditions shall be resolved solely in the state or federal courts located in the Commonwealth of Virginia.

INTELLECTUAL PROPERTY INFORMATION AND POLICY

All copyrights and trademarks on or related to the Site are the property of the Company, its affiliate, its former affiliate, or the referenced entity.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to the Company or others without obtaining the prior written consent of the owner of such rights.  

MISCELLANEOUS

If any part of these Terms and Conditions is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities. These Terms and Conditions, together with the Privacy Statement, constitute the entire agreement between the parties relating to the use of the Site. The Company can revise these Terms and Conditions at any time and without notice by updating this webpage. Please refer to the Privacy Statement for more information. Additional terms and conditions may apply to requests for services or to specific portions or features of this Site, all of which terms are made a part of these Terms and Conditions by reference.

CONTACT US

If you have any questions or comments regarding the Site, you may contact us at:

PBM Capital Group, LLC
200 Garrett Street, Suite S
Charlottesville, VA  22902
USA
info@pbmcap.com
434-980-8100