Terms & Conditions

TERMS AND CONDITIONS OF USE

Brooke Private Equity Associates (“BPEA”) is providing this website as an information service to visitors. By accessing or using this website or copying materials from this website, you agree to abide by these terms and conditions. If you do not agree to abide by these terms and conditions, do not use this website or copy materials from this website.  These terms and conditions may be modified at any time without prior notice. Any modification to these terms and conditions will be effective when posted and any use of this website after such modification has been posted will constitute acceptance of these terms and conditions as modified.

Nothing on this website constitutes an offer to sell or the solicitation of an offer to buy any securities. The information on this website is not intended for any current or prospective investors in a BPEA-managed investment vehicle.  Nothing on this website constitutes professional and/or financial advice nor does any information on this website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. The information on this website is intended solely for the benefit of fund managers and companies seeking private equity investment capital by providing general information on our services and investment philosophy.

Information on Website

The information on this website is protected by copyright under both United States and foreign laws. Unauthorized use of such information may violate copyright, trademark and other laws. You have no rights in or to such information, and by accessing this website you agree that you will not use the information on this website except as permitted under these terms and conditions. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any information on this website, in whole or in part. However, you may print a reasonable number of copies of the information on this website for your personal use provided that you maintain any notices contained in such information, such as all copyright notices, trademark legends or other proprietary rights notices. No other use is permitted without prior written consent from us.

The trademarks, service marks and logos of BPEA (“BPEA Trademarks”) used and displayed on this website are registered and unregistered trademarks or service marks of BPEA. Other company, product and service names located on this website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the BPEA Trademarks, the “Trademarks”). Nothing on this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this website, without the prior written permission of BPEA specifically for each such use. The Trademarks may not be used to disparage BPEA or the applicable third-party, any of their products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless the establishment of such link is approved in advance, in writing, by BPEA.  From time to time, BPEA may provide links from this website to websites operated by third parties. Our decision to do so is in no way an endorsement of these sites. BPEA does not monitor, edit or control such third-party sites and is not responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to follow links to such websites is at your sole risk. If you have any questions regarding a linked site, please direct them to the administrator of the relevant site. BPEA reserves the right to terminate any link at any time.

Limitations of Liability

BPEA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. BPEA WILL NOT BE SUBJECT TO LIABILITY FOR ANY INACCURACY IN ANY INFORMATION ON THIS WEBSITE OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THIS WEBSITE AND THE CONTENT AT YOUR OWN RISK.  BPEA DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR FREE OR THAT THIS WEBSITE, ITS SERVER OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.  THIS WEBSITE AND THE INFORMATION AND MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BPEA DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL BPEA BE LIABLE TO YOU OR ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, MULTIPLE, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE INFORMATION, CONTENT, MATERIALS OR FUNCTIONS OF THIS WEBSITE OR ANY LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF BPEA WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Information Provided By You

Please do not send anything to the general e-mail address listed on this website that constitutes a trade secret or confidential and proprietary information. We are not in a position to accept such information, nor can we agree to obligations of nondisclosure or confidentiality with regard to submitted plans or ideas. You agree that any information or materials that you, or individuals acting on your behalf, provide to BPEA through this website will not be considered confidential or proprietary.

Miscellaneous

This website (excluding linked websites) is controlled by BPEA within the Commonwealth of Massachusetts. It can be accessed throughout the United States, as well as from other countries around the world. We make no claims concerning whether the content of this website may be downloaded or viewed or is appropriate for use outside the United States.  If you access this website from outside the United States you do so at your own risk and you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. The United States controls the export of products and information.  You expressly agree to comply with such restrictions and not to export any of the content of this website to countries or persons prohibited under applicable export control laws.

By accessing this website, both you and BPEA agree that the statutes and laws of the Commonwealth of Massachusetts will apply to all matters relating to the use of this website, without regard to its conflicts of laws principles and, further, that any actions arising out of your use or access to this website shall only be brought in the state and federal courts sitting in the City of Boston in the Commonwealth of Massachusetts.  If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect. Failure of BPEA to act on or enforce any provision of these terms and conditions will not be construed as a waiver of that provision or any other provision in these terms and conditions. No waiver will be effective against BPEA unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.