Effective Date: February 14, 2014
Using the Site
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair, or correction of, that hardware and/or software.
You acknowledge that, by using the Site, you may incur charges from your wireless carrier, internet service provider, or other method of internet or data access, and payment of any such charges will be your sole responsibility. You agree that your use of the Site will be in accordance with all requirements of your wireless carrier, internet service provider, and other method of internet or data access. Pine Brook does not control network access. Your use of these networks may not be secure and may expose your personal information sent over such networks.
To use certain features of our Site, you will need a username and password to create an account. You are responsible for maintaining the confidentiality of your password and account. You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security regarding your account. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Restrictions on Using the Site
You may not solicit, collect, or otherwise use the login credentials of other Pine Brook users. You may not use the Site for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations—whether federal, state, local, or provincial—applicable to your use of the Site.
In creating your account, you represent that all information you provide is true, accurate, current, and complete. You agree to update your information, as necessary, to maintain its truth and accuracy.
Information Made Available Through the Service
All information on the Site is for informational purposes only. It is believed to be reliable, but Pine Brook does not warrant its completeness, timeliness, or accuracy. As such, Pine Brook shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, or completeness of the data, services, or content of the Site. Pine Brook reserves the right, at any time and from time to time, in the interests of its own editorial discretion and business judgment to add, modify, or remove any of the data, services, or content made available on the Site.
The fact that Pine Brook has made content on the Site available to you constitutes neither a recommendation that you enter into a particular transaction, nor a representation that any product described on the Site is suitable or appropriate for you. You should not enter into any transactions unless you fully understand all risks and have independently determined that a particular transaction is appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice, nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions. The Site does not include information with respect to all of the companies in our portfolio.
Suspension and Termination of Access
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion of it, with or without notice. You agree that we will not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Site or any portion of it.
Disclaimer of Warranties
THE SITE AND RELATED SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. AS SUCH, YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PINE BROOK AND ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ABOUT: (i) THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE; (ii) THE CONTENT OF THE SITE; OR (iii) THE SAFETY AND SECURITY ASSOCIATED WITH THE TRANSMISSIONS OF INFORMATION TO PINE BROOK OR VIA THE SITE.
PINE BROOK DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT ACCESS TO DATA STORED BY YOU OR OTHERS ON THE SITE IS NOT GUARANTEED AND THAT WE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE SITE OR ITS UNAVAILABILITY.
Limitations on Liability
UNDER NO CIRCUMSTANCES WILL PINE BROOK AND ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SITE. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS OR REVENUE, LOST DATA, LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF FORESEEABLE OR EVEN IF PINE BROOK KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.