Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
These Terms of Use (“Terms”) are intended to constitute a binding agreement that conditions your use of the website(s) of Brevet Capital Management, LLC or its subsidiaries and affiliated companies (collectively “Brevet”), including https://www.brevetcapital.com/ and any other website or service of Brevet (collectively, the “Site”). Brevet provides the Site to you and any other person or entity on whose behalf you accept these Terms (collectively “you”) subject to these Terms. These Terms are entered into by and between Brevet and you, and you accept them by accessing or using the Site in any manner. If you do not agree to all of these Terms, you may not use the Site.
The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use the Site only with involvement of a parent or guardian.
These Terms were last updated on March 25, 2021. Brevet may change or modify these Terms or any policy or guideline of the Site at any time in its sole discretion. Whenever Brevet makes a change to the Terms, the updated Terms will be posted on the Site. Your use of our Site following any changes constitutes your agreement to follow and be bound by the Terms as modified. You should review these Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. Brevet may change, move, or delete portions of, or may add to, the Site from time to time. If you do not agree to the amended Terms, you must stop using the Site.
General Disclaimer
Brevet will not treat users of the Site as its clients by virtue of their accessing the Site.
NOTHING CONTAINED IN THE SITE CONSTITUTES INVESTMENT, LEGAL, OR TAX ADVICE OR AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY AN INTEREST IN ANY ENTITY NOW OR HEREAFTER MANAGED BY BREVET. Any such offer or solicitation will be made only by means of a confidential private offering memorandum relating to a particular fund or investment management contract and only in those jurisdictions where permitted by law. The Site neither complies nor attempts to comply with any of the material legal restrictions and requirements that would apply to such an offer or sale.
Any information you receive from Brevet is believed to be reliable. Nevertheless, neither Brevet nor its agents are liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information. The information provided on the Site does not necessarily reflect the most up to date or current information available on the applicable product or service and does not purport to be complete or accurate. Such information is qualified in its entirety by reference to the information set forth in the applicable operative documents for Brevet advisory services and products, which contain descriptions of the material terms (including, but not limited to, risk factors, conflicts of interest, and tax implications) relating to such investments. No one may rely on any information in the Site for purposes of making any form of investment decision or commitment.
Any external hyperlinks on the Site are being provided as a convenience and for informational purposes only. They do not constitute an endorsement or an approval by Brevet of any of the products, services, or opinions of any entity or individual. Brevet bears no responsibility for the accuracy, legality, or content of the external site or for that of subsequent links. Brevet urges users to contact representatives of the external site in question in relation to any inquiries related to the content contained therein.
Past performance is not necessarily indicative of future returns. Investment results may vary substantially over time, from period to period, and from client to client. Investment with Brevet is designed only for sophisticated investors who are able to withstand the loss of their entire investment. Investors and prospective investors should consult their financial, investment, tax, legal, and other advisors, as applicable, who may identify additional risks relating to investing with Brevet.
Certain information contained in the Site constitutes “forward-looking statements”, which can be identified by the use of forward-looking terminology such as “may”, “will”, “should”, “expect”, “anticipate”, “target”, “project”, “estimate”, “intend”, “continue”, “believe”, the negatives thereof, other variations thereon, or comparable terminology. Any projection, forecast or return on investment illustrations contained in the Site have been prepared for illustrative purposes. Due to various risks and uncertainties, actual events, results, or performance may differ materially from those reflected or contemplated in such forward-looking statements and anticipated results.
Brevet Capital Management, LLC is a registered investment adviser with the Securities and Exchange Commission (the “SEC”). Registration with the SEC does not imply that Brevet Capital Management, LLC, or any individual providing investment advisory services on behalf of Brevet Capital Management, LLC, possesses a certain level of skill or training, or that Brevet Capital Management, LLC, or individual associates of Brevet Capital Management, LLC, are endorsed or recommended by the SEC. Additional information about Brevet Capital Management, LLC is available on the internet at www.adviserinfo.sec.gov. You can search this site by a unique identifying number, known as a CRD number. The CRD number for Brevet Capital Management, LLC is 151672.
The information in the Site has not been approved or verified by the SEC or by any state securities authority.
Choice of Law/Jurisdiction
These Terms control the relationship between you and Brevet to the extent not superseded by any other specific agreement. These Terms will be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of laws thereof, and any conflict shall be resolved exclusively in the state and federal courts sitting in the State and City of New York, United States of America. A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND Brevet AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER RELATING TO THE USE OF THE SITE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. BY USING THE SITE, YOU HEREBY IRREVOCABLY WAIVE THE RIGHT TO JOIN CLAIMS WITH OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE AGAINST Brevet.
Waiver
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is deemed invalid, the parties agree that the remainder of these Terms shall remain in force and be interpreted to give effect to the intent of the parties reflected in the provisions hereof.
Site Use
Brevet grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products, or services in violation of any law. The use of the Site is at the discretion of Brevet, and Brevet may terminate your use of the Site at any time.
Indemnification
You agree to indemnify, defend, and hold harmless each of Brevet, its directors, shareholders, owners, partners, members, managing members, managers, agents, representatives, officers, employees, and affiliates, and each of their respective directors, shareholders, owners, partners, members, managing members, managers, agents, representatives, officers, and employees from and against any claims, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses incurred in investigating or defending against the same), that any of them may incur as a result of your violation of these Terms.
Submissions by You
You agree that you are solely responsible for any material posted or submitted to the Site by you. You represent and warrant that you own or otherwise control all of the rights to material submitted by you and that no use of such material by Brevet will infringe or violate any rights of any third party. You agree to defend, indemnify, and hold Brevet and its affiliates, subsidiaries, agents, representatives, employees, officers, directors, licensees, sponsors, partners, suppliers, and contractors (collectively “Affiliates”) harmless from and against any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising from or in connection with any material posted or submitted to the Site by you. Brevet reserves the right, at any time and in its sole discretion, to delete, move, or edit any material posted or submitted to the Site by you.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered by you to Brevet on the Site or otherwise disclosed, submitted, or offered in connection with your use of the Site (collectively “Comments”) shall be and remain Brevet’s property. Any such disclosure or submission of Comments shall constitute an assignment to Brevet of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Brevet will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Brevet is and shall be under no obligation to (1) maintain Comments in confidence; (2) pay any compensation for Comments; or (3) respond to any Comments.
Use of Information
Brevet reserves the right, and you authorize Brevet, to use and assign in any manner consistent with our Privacy Policy all information regarding Site uses by you and all information provided by you.
Ownership and Intellectual Property Rights
All material, content, and information (collectively “Content”) on the Site shall be and remain the property of Brevet or its respective owners. Brevet owns or has rights to all wallpaper, icons, characters, artwork, images, graphics, music, text, software, and other material of the Site and all code and scripts in any format used to implement the Site. Except as otherwise indicated on the Site, you agree not to copy, reproduce, sell, distribute, mirror, republish, upload, download, transmit, display for redistribution, or create derivative works of the Content or the Site, in whole or in part, by any means. All Content on the Site is the exclusive property of Brevet and is protected by U.S. and international copyright, trademark, and other proprietary and industrial property laws.
“Brevet Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans, graphics, and other designations Brevet uses in connection with its products and services. You may not remove or alter any Brevet Trademarks, or use the Brevet Trademarks, without Brevet’s prior written consent. You acknowledge Brevet’s rights in Brevet Trademarks and agree that any use of Brevet Trademarks by you shall inure to Brevet’s sole benefit.
Disclaimer of Warranties
While Brevet attempts to provide accurate information, there may be inadvertent inaccuracies or errors contained in the Site. Brevet may correct or change information on the Site without notice. You assume all responsibility and risk with respect to use of the Site.
Brevet DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING INFORMATION CONTAINED IN OR ACCESSED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ALL EXPRESS AND IMPLIED WARRANTIES, SUCH AS WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Brevet DOES NOT WARRANT THAT THE SITE IS FREE OF DEFECTS OR HARMFUL COMPONENTS AND IS PROVIDED “AS IS”. Brevet DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED. Brevet DOES NOT ASSUME ANY LIABILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION CONTAINED ON THE SITE BEFORE RELYING UPON IT.
Limitation of Liability
IN NO EVENT SHALL Brevet, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSSES, OR ANY OTHER DAMAGES OF WHATEVER KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY, WHETHER TANGIBLE OR INTANGIBLE) RESULTING FROM WHATEVER CAUSE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.
You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you.
Compliance with Laws and Consent to Privacy Policy
By using the Site, you agree to comply with all applicable laws and regulations, these Terms, and Brevet’s Privacy Policy located at https://www.brevetcapital.com/privacy-policy/ with respect to any access, use, and/or submission by you of any personal information in connection with the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
Severability
If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
Termination
Brevet may terminate these Terms at any time, with or without notice, for any reason.
Relationship of the Parties
Nothing contained in these Terms or your use of the Site shall be construed as forming a partnership (including, without limitation, a limited partnership) or joint venture, and no party hereto shall be a partner, joint venturer, employee, or agent of any other party hereto, for any purpose. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent of the other and responsible for its own actions.
Consumer Requests
Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the Site is Brevet Capital Management, LLC, 441 Ninth Avenue, 20th Floor, New York, NY 10001, telephone: (212) 313-5100.
To file a complaint regarding the Site or to receive further information regarding use of the Site, send a letter to the above address or contact Brevet via e-mail at [email protected] (with “California Resident Request” as the subject line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.