as of July 2023
Please read these Terms carefully before using the Site. YOUR ACCESS TO OR USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS, WHICH CONTAIN TERMS LIMITING OUR LIABILITY, WAIVING CLASS ACTION RELIEF AND JURY TRIALS, AND REQUIRING ARBITRATION OF DISPUTES. Each time you access or use the Site, you agree to be bound by these Terms on behalf of yourself and any and all persons, companies and legal entities ("your Principals") that you represent or on whose behalf you act, if any, and any and all employees and agents thereof (collectively, "you" and "your"). By accessing or using the Site, (a) you agree that these Terms legally bind you in the same manner that a signed, written, non-electronic contract does, and (b) you represent and warrant that you are able to enter into legally binding contracts and are authorized by your Principals, if any, to use the Site and to agree to these Terms as a legally binding contract on behalf of you and your Principles. If you do not agree to these Terms, you are not permitted to use the Site.
1. Use of Our Site and its Content
The Site available to persons over the age of 18. If you are under the age of 18, you may not use our Site. You agree that your access to and use of the Site will at all times comply with all applicable laws, rules, and regulations, as well as with these Terms. If we believe you are violating or may violate these Terms, we may take any action we deem appropriate or required in our sole discretion, such as (without limitation) disabling or terminating your account and/or your access to the Site, canceling your order(s), or pursuing legal or other redress.
BVT grants you a limited, nonexclusive, revocable, nontransferable license to access the Site solely to display the Site and its content for informational purposes only. Any other use of the Site or its content are expressly prohibited; all rights not expressly granted herein are expressly reserved.
2. Intellectual Property
We or our licensors own all content, information, and materials on or accessible in connection with the Site, including, without limitation, all trademarks, service marks, trade names, trade dress, and copyrights, such as the BVT domain name, BVT logos, and the BVT® mark. Content, information or material from the Site may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise used in whole or in part, including for any public or commercial purposes, without the prior express written permission of BVT. Without limiting the foregoing, you will not frame or display the Site (or any part of the Site) as part of any website, mobile app, or any other work of authorship without the express prior written permission of BVT.
If you believe that any of your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please contact us using the contact information provided below.
3. Information on the Site; No Offers to Sell Securities
Although BVT endeavors to provide accurate and timely information on the Site, please be aware that the Site and its content may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. The information published on the Site is provided as a convenience to visitors and is provided for informational purposes only. Accordingly, you should verify all information before relying on it; all decisions based on information contained in the Site are your sole responsibility; and BVT shall have no liability for such decisions. If you need specific details about any information contained in our Site, you should contact BVT as provided in the "Contact Us" section below.
The information regarding BVT provided on this Site may change at any time. We reserve the right to withdraw, modify or amend this Site, and any information, content or material we provide on the Site, in our sole discretion without notice.
NEITHER THE SITE NOR ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE SITE CONSTITUTES AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY SECURITIES. If you have any inquiries regarding the purchase or sale of securities you must contact us as set forth in the “Contact Us” section below.
4. Prohibited Uses
By accessing or using our Site, agree that you will not do any of the following, and that the following are strictly prohibited:
- Violate any applicable law, rule, or regulation; provide false, misleading, or incomplete information, whether in connection with account registration, submission if information, or any other access or use of the Site; use any feature of the Site or personal information of another person, company, or organization; impersonate any person or entity, or misrepresent your identity or your affiliation with any person or entity.
- Use any robot, spider, scraper, site search/retrieval application or automatic device, software, tool, routine, application or system on or to access our Site for any purpose without our express written permission, including (without limitation) to retrieve, index, scrape, “data mine” or in any way collect information from the Site, reproduce the Site, circumvent the navigational structure or presentation of the Site or its content.
- Access or use information from the Site to develop, build, or train algorithms, models of any kind (including language models), artificial intelligence, or the like.
- Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others.
- Publish, distribute or disseminate any harmful, inappropriate, profane, vulgar, infringing, obscene, tortious, indecent, immoral or otherwise objectionable material or information.
- Post, provide, or transmit any “junk mail,” “chain letters,” or unsolicited and/or mass mailing or “spamming” in connection with use of the Site.
- Access or use the Site or any information available in connection with the Site to create, develop, promote, sell, offer for sale, or solicit offers for sale securities.
- Modify the content, programs, code, information, or other materials on or accessible through the Site or hack into or access BVT systems, servers, or the Site; override any security feature or bypass or circumvent any access controls or use limits of the Site; or “frame” or “mirror” or deep link to any part of the Site without prior express approval from BVT.
- Take actions that interrupt, damage, disable, overburden, interfere with or obstruct, or limit the functionality of, the Site, or any software, hardware or equipment; or submit or upload anything that contains software viruses, worms other harmful code, or any other contaminating or destructive devices or features.
- Do anything else that we determine, in our sole discretion, misuses or otherwise negatively impacts our Site.
5. Links to Third Party Sites
6. Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND BVT MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, TIMELINESS, OR USEFULNESS THEREOF, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BVT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPLIANCE WITH LAW, AND NONINFRINGEMENT. BVT DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT, AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BVT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY THE SITE, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION AVAILABLE VIA THE SITE OR THIRD PARTY SITES OR SERVICES LINKED TO FROM THE SITE OR APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE.
You hereby agree to indemnify, defend, and hold BVT, its affiliates, and their respective officers, directors, employees, contractors, consultants, licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all actual or threatened claims, losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) (collectively, a “Claim”) arising out of, relating to, or in connection with (a) the Site, your use of the Site, or your access to the Site, or the use or access of any other person to whom you have provided access to your computer system, username, password, or account; (b) any breach by you of these Terms or applicable law; or (c) your violation of any intellectual property rights of BVT or any third party. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BVT OR BE LIABLE TO YOU (INCLUDING YOUR PRINCIPALS) OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF LIVESTOCK, LOSS OF GOODWILL OR REPUTATION, LOSS OF BUSINESS OPPORTUNITIES OR CONTRACTUAL RELATIONSHIPS, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE OR ITS CONTENT AND/OR THE ACCESS THERETO OR USE THEREOF. THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING IN CONNECTION WITH (A) RELIANCE ON INFORMATION OBTAINED FROM US OR OUR SITE, (B) PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, (C) ANY ACT OR OMISSION BY ANY PERSON OTHER THAN BVT IN RELATION TO THE SITE OR INFORMATION CONTAINED THEREIN; (D) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, IRRESPECTIVE OF THEIR CAUSE, AND INCLUDING (WITHOUT LIMITATION) IF RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHER WRONGFUL ACTIVITY, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR SITE, SYSTEM, PREMISES, OR OTHER ASSETS. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, BVT SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
YOU AND BVT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE AND/OR ANY INFORMATION, CONTENT, OR MATERIALS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT BVT HAS OFFERED THE SITE AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BVT, AND THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BVT.
9. Arbitration of Disputes; Jury Trial Waiver
YOU AND WE EACH AGREE THAT ANY AND ALL CLAIMS, DISPUTES, OR CONTROVERSIES (whether in contract, tort, or otherwise) YOU MAY HAVE WITH, AGAINST, OR CONCERNING BVT WILL BE RESOLVED BY CONFIDENTIAL AND BINDING ARBITRATION, except as set forth below. Arbitration of disputes will be administered and conducted by the Judicial Mediation and Arbitration Services (“JAMS”) under its rules as applicable at the time the arbitration is commenced. For claims less than $75,000, the JAMS Streamlined Arbitration Rules will apply; for claims over $75,000, the JAMS Comprehensive Arbitration Rules will apply. Arbitration of all disputes will be conducted by a single arbitrator and will take place in the JAMS Resolution Center in Atlanta, Georgia. The arbitration and its result will be confidential. Costs and fees of the arbitration will be allocated as set forth in the JAMS rules applicable the arbitration proceeding. The above agreement to arbitrate is subject to the following exceptions:
- We may file an action seeking injunctive or other equitable relief in any court of competent jurisdiction;
- In the event that the arbitration agreement in these Terms is held to be unenforceable, any claim against us must be brought exclusively in a federal or state court located in Cobb County of the State of Georgia, and you consent to the jurisdiction of those courts for such purposes; any such action remains fully subject to the Class Action Waiver and Jury Trial Waiver set forth herein.
YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION. If we believe that any claim you have filed in arbitration or in court is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver. If a court or arbitrator determines in an action between you and us that any part of this Class Action Waiver is unenforceable with respect to any claim, the arbitration agreement and Class Action Waiver will not apply to that claim, but they will still apply to any and all other claims that you or we may assert in that or any other action. If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
BVT may modify, alter or otherwise update these Terms from time to time, without prior notice, by updating this posting. You agree that BVT may provide notice to you of such modifications by posting them on the Site. The date of the last modification will appear at the top hereof. You agree to review the Terms each time you access and use this Site and to be bound by such terms and conditions as are in effect at the time when you access this Site. Your use of the Site following any such notice will signify and constitute your assent to and acceptance of such revised Terms.
11. General Provisions
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law; provided, however, that you and we each also agree that the arbitration agreement set forth herein affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the enforceability of the agreement to arbitrate set forth herein.
Waiver. If we fail to exercise or enforce any right or provision of these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the relevant party.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Any assignment attempt by you shall be void. BVT may assign such rights and licensees, without any restrictions.
Survival. Upon the termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 4, 6-11.
Severability. If any provision in the Terms are found to be unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Entire Agreement. The Terms is the entire agreement between you and BVT relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both
parties, or by a change to these Terms made by BVT as set forth in Section 11.
No Fiduciary Relationship. These Terms do not create any fiduciary relationships between you and BVT, service providers, or other companies that assist with providing or operating the Site. These Terms do
not create any relationship of principal and agent, partnership or similar relationship.
12. Contact Us
You can contact us using the following information:
BVT Equity Holdings, Inc.
400 Interstate North Parkway
Atlanta, GA 30339