Please read these terms and conditions carefully. By accessing the site and any pages thereof, you agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access this site, or any pages thereof.
No material at this site should be used or considered as an offer to sell or a solicitation of any offer to buy an interest in any investment vehicle managed by BGS Investments LLC. BGS Investments LLC does not make its services available to the public.
1. Copyright
Copyright ©2006 BGS Investments LLC. All Rights Reserved. Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement and "look and feel" (collectively, the "Site"), is owned by BGS Investments LLC or its affiliates ("BGS") unless otherwise indicated. BGS expressly authorizes each authorized user to copy electronically or print in hard copy the documents published on the Site for internal reference purposes or other non-commercial, personal use, but not for any other use.
2. Username and Password
BGS makes the Site available only to its clients and other persons expressly authorized by BGS. The Site contains confidential, nonpublic information and is intended only for the use of the individual or entity that has been specifically authorized to view the information. In consideration of being granted a username and password and permitted access to the Site, the user hereby acknowledges having read and understood these Terms of Use and agrees to be bound hereby. Subsequent use of any username and password issued by BGS shall be deemed to constitute full acceptance by the user of these Terms of Use. As a condition to this authorization, the user agrees that any copy which he or she makes of any report or information contained on the Site shall retain all copyright and other proprietary notices contained therein, and that any other use of documents published on the Site without prior written approval from BGS is strictly prohibited.
3. Use of Information and Materials
The information and materials contained in the Site, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of the Site and BGS’s systems including but not limited to unauthorized entry into BGS's systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Your eligibility for particular products and services is subject to final determination by BGS and/or its affiliates. The information and materials contained in the Site do not constitute a recommendation or solicitation to purchase or sell any security or make any other type of investment or investment decision. In addition, such information is not intended to provide tax, legal or investment advice. In the event of any discrepancy between information displayed on the Site and information sent in paper or "hard copy" form to any user from time to time, the information contained in the hard copy version shall be deemed to be correct.
4. Links
The site may contain links to web sites controlled or offered by third parties (non-affiliates of BGS). BGS hereby disclaims liability for any information, materials, products or services posted or offered at any of the third party sites linked to the site. By creating a link to a third party website, BGS does not endorse or recommend any products or services offered or information contained at that web site, nor is BGS liable for any failure of products or services offered or advertised at those sites. Such third party may have a privacy policy different from that of BGS and the third party website may provide less security than the BGS site.
5. No Warranty
The information and materials contained in the site, including text, graphics, links or other items are provided "as is", and "as available". BGS does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
6. Limitation of Liability
In no event will BGS or its affiliates, officers, directors, employees or agents be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if BGS, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
7. Third Party Information
From time to time, information, including news, company reports and other data, prepared by outside parties (non Affiliates of BGS) may appear on the Site. By accepting these Terms of Use, the user acknowledges that such third party information is for the user's personal use only and that the user will not retransmit or republish it in any form. The user acknowledges that any such third party information is obtained from sources believed to be reliable, is provided solely on a best efforts basis for the user's convenience, and that no representations, warranties or guarantees are made by BGS or any provider of such third party information as to the accuracy, completeness, timeliness or correct sequencing thereof. Third party information has been prepared as of the date(s) indicated and may become unreliable because of subsequent market or economic circumstances. Neither BGS nor the provider of such information is under any obligation to update such information or continue to offer such information.
8. Submissions
All information submitted to BGS via the Site shall be deemed and remain the property of BGS and BGS shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to the Site provides BGS through the Site. Nothing contained herein shall be construed as limiting or reducing BGS's responsibilities and obligations to customers in accordance with the BGS Privacy Policy.
9. Availability
The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
10. Additional Terms
Certain sections or pages on the Site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. Nothing contained herein shall supersede, alter or nullify the terms of any other agreements an investor has made or will make with BGS.
11. Governing Law
Injunctive Relief. Use of the Site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of Connecticut. The user hereby acknowledges and agrees that BGS may be harmed irreparably by any violation of this Agreement and that BGS shall be entitled to injunctive relief to enforce this Agreement. The user hereby agrees to waive any requirement for the securing or posting of any bond in connection with such remedy.
12. Acceptance of Terms of Use
By accessing any part, either restricted or unrestricted, of www.bgsinvest.com, the user acknowledges that the user has read these Terms of Use and understands them and agrees to be bound hereby. If the user does not agree to any of the Terms of Use, BGS is not willing to grant the user access to the restricted portion of the Site, and the user should not use the unrestricted portions of the site as doing so constitutes agreement with these Terms of Use. If the user does not agree to any of these terms of use, but the user has requested and/or been given access to the restricted portions of the site, the user should either check the "I Do Not Agree” on the Website Access Questionnaire, or notify BGS via email at info@bgsinvest.com to discontinue the registration process and/or disable access to the site. In such case, the user will be unable to access the Site.