Terms of Use
Welcome to www.bridgebuilder.io (including any successor website, the “Bridge Builder Website” or “Website”), the website of Bridge Builder, LLC, a Massachusetts limited liability company (“Bride Builder”, “we”, “us” or “our”). We provide the Website to you subject to the following Terms and Conditions (“Terms”).
- Acceptance of Terms of Use
Please carefully read and review the following Terms before use of the Website. By accessing and using the Website, you acknowledge that you have read and understand and agree to be bound by these Terms. If at any time you do not agree to these Terms, please do not access or use the Website or any of our content made available to you through the Website (“Our Content”).
YOUR ACCESS TO, USE OF AND BROWSING OF THE WEBSITE AND OUR CONTENT IS SUBJECT TO THE TERMS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE WEBSITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
Bridge Builder may revise or update the Terms from time to time with or without notice to you. You should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Modified” legend at the top of this page. Any changes in the Terms take effect upon posting and only apply to use of the Website after that date. Each time you access, use or browse the Website, you signify your acceptance of the then-current Terms. You consent to receive communications from Bridge Builder in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
- Permitted Users of the Website
In consideration of your use of the Website, you represent that you are of an age to form a legally binding contract and you are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction. If you are viewing the Website on behalf of a legal entity, you agree that you have the right to bind that legal entity to these Terms, and that such entity is so bound.
The Website is directed to persons 18 years of age or older. If you are under age 18, you are not permitted to use the Website or to submit any personally identifiable information to the Website. If you provide information to Bridge Builder through the Website, you represent that you are 18 years of age or older.
- Acceptable Use
Our Content is the sole and exclusive property of Bridge Builder, our affiliates and/or our licensors. You agree not to reproduce, duplicate, modify, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or Our Content other than as expressly authorized by Bridge Builder in writing. Use of the Website or Our Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under applicable law. You agree not to access the Website by any means other than through a standard web browser in any media. You agree not to use the Website for any unethical or illegal purpose or in contravention to federal, state, local or international laws or regulations. You agree not to use the Website for any purpose that impairs or disrupts the Website, including (i) using monitoring, crawling, harvesting or scraping technologies, (ii) attempting to overload a system by mail bombing, news bombing, broadcast attacks, flooding techniques, or denial of service attacks, (iii) evading any access limits, storage restrictions, or other limitations placed on the system, or (iv) engaging in conduct likely to result in retaliation against Bridge Builder, our employees, officers, agents or partners. The Website and Our Content are provided solely for your own information and personal use. You may not publish, modify, distribute, perform, sell, resell, exploit, or create derivative works from any part of the Website or Our Content unless expressly authorized by Bridge Builder in writing. You agree that you will not remove, obscure or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or any marks or logos contained on the Website or in Our Content.
You may make information available to us through the Website (“Your Content”). You agree that (i) you have the right to provide Your Content to us for the purposes contemplated herein, (ii) we may use Your Content in accordance with the terms of our [Privacy Policy] and applicable law, (iii) Your Content is correct, accurate, and complete, (iv) Your Content does not contain any virus, malware, disabling device or other harmful code, and (v) Your Content does not contain any illegal, exploitative, sexually explicit, violent, abusive, or other content that we may deem, in our sole discretion, harmful to our interests (clauses (iv) and (v) collectively, “Harmful Content”). We reserve the right to delete any Harmful Content from the Website at any time with or without notice to you, refer any such Harmful Content to governmental authorities, and take any other such actions as we deem necessary or appropriate to maintain the integrity and reputation of the Website.
- Linked Websites
The Bridge Builder Website may contain postings and links to websites operated by other parties (“Linked Websites”). The Bridge Builder Website provides these postings and links as a convenience, and your use of these websites, products or services, which are not under our direct control, is at your own risk. Such postings or links or references to third party goods or services do not imply endorsement of information, material, products or services of any third party or on any other site. Bridge Builder disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked website or third parties. You acknowledge and agree that Bridge Builder shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource. Your correspondence and business dealings with others found on or through the Website and/or services, including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third-party. Bridge builder encourages you to review all policies, rules, terms and regulations, including the privacy policies and terms of use of each and any third-party site that you visit.
- Ownership of Intellectual Property
You acknowledge and agree that, as between Bridge Builder and you, all right, title and interest in and to the Website and Our Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know how, or any other intellectual property rights, are owned exclusively by Bridge Builder, its affiliates, or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws. You agree that you will not modify, decompile, disassemble, reverse engineer or create derivative works of the Website or any portion thereof except as permitted by applicable law.
All of Our Content, such as text, graphics, videos, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of Bridge Builder, its affiliates or licensors and content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Website solely for your own information and personal use. Any other use, including without limitation the reproduction, modification, distribution, transmission, publication, display, performance or commercial exploitation of Our Content, is strictly prohibited.
The trademarks, service marks, logos, slogans, trade names and trade dress used on the Website are proprietary to Bridge Builder or its affiliates or licensors. Unauthorized use of any trademark of Bridge Builder, its affiliates, or licensors may be a violation of applicable trademark laws. Any third party names or trademarks referenced in the Website do not constitute or imply affiliation, endorsement or recommendation by Bridge Builder of the third parties, or by the third parties of Bridge Builder.
- Your Indemnity of Bridge Builder
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD BRIDGE BUILDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES AND LICENSORS HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONTENT; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF BRIDGE BUILDER OR ANY THIRD PARTY; AND (C) YOUR USE OF ANY LINKED WEBSITE.
- Disclaimer
THE WEBSITE AND OUR CONTENT AND ALL INFORMATION, CONTENT, SERVICES, PRODUCTS AND ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRIDGE BUILDER AND ITS AFFILIATES, LICENSORS, VENDORS AND SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, ACTIVITIES AND MATERIALS, AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE FOREGOING, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SUITABILITY, FREEDOM FROM COMPUTER VIRUS, ACCURACY, RELIABILITY, SAFETY, NON-INTERRUPTION, PERFORMANCE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR COMPLIANCE WITH APPLICABLE LAW. YOUR USE OF THE WEBSITE AND OUR CONTENT IS ENTIRELY AT YOUR OWN RISK.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that Your Content and access to the Website is free of viruses or other harmful content.
- Modifications to the Website, Products, Services or Activities
Bridge Builder reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Website, products, services or any portion thereof, with or without notice. You agree that Bridge Builder will not be liable to you or to any third party for any modification, suspension or discontinuance of a Website, product, or service.
- Suspension and Termination Rights
Bridge Builder reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Website, products, services or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that Bridge Builder shall not be liable to you or any third party for any such suspension, discontinuance or termination.
- Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRIDGE BUILDER AND ITS AFFILIATES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, USE, INABILITY TO USE OR PERFORMANCE OF, OR THE INFORMATION, CONTENT, PRODUCTS, SERVICES, ACTIVITIES OR MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITE. IN NO EVENT SHALL BRIDGE BUILDER OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE, PRODUCTS, OR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES, EVEN IF BRIDGE BUILDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY, AND BRIDGE BUILDER WOULD NOT HAVE MADE THE WEBSITE AVAILABLE TO YOU WITHOUT THE BENEFIT OF SUCH PROTECTIONS.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
- Governing Law and Disputes
These Terms shall be governed by, and will be construed in accordance with, the laws of the Commonwealth of Massachusetts U.S.A., without regard to choice of law principles. You irrevocably agree that the federal and state courts located in or for the Commonwealth of Massachusetts, U.S.A., are the sole and exclusive forum and venue for any dispute, as the most convenient and appropriate to address any disputes, and you agree to submit to the jurisdiction and venue of such courts. You agree that to the fullest extent permitted by law: (1) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (2) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (3) no claims shall be brought by you more than one (1) year after such claim has accrued; and (4) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Access to this Website from jurisdictions or territories where Our Content or this Website are illegal or penalized is prohibited. Bridge Builder has no obligation to provide access to the Website, products, or services and reserves the right to limit the availability of the Website to any person, geographic area or jurisdiction at any time in its sole discretion.
- Miscellaneous
These Terms set forth the entire understanding and agreement between you and Bridge Builder with respect to the use of the Website. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Bridge Builder’s failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer these Terms or your rights or obligations under these Terms without the prior written consent of Bridge Builder, and any assignment or transfer in violation of this provision shall be voidable. Bridge Builder may assign, transfer, sublicense or delegate our rights or obligations under these Terms either in whole or in part, at any time, at our sole discretion, and without your consent. There are no third party beneficiaries to these Terms. No joint venture, partnership, shareholder, employment or agency relationship exists between Bridge Builder and you as a result of agreeing to these Terms or your use of the Website, products, or services. Notwithstanding any reference to ‘affiliates’ herein, such term does not include you or your affiliates to the extent you or your affiliates may be considered an affiliate of Bridge Builder by virtue of your equity ownership in one or more of our funds.