Terms and Conditions of Use

Terms and Conditions of Use

This website (the “Website”) is maintained by Battle Investment Group, LLC (“Battle Investment Group”, “us”, or “we”). Please read these Terms and Conditions of Use and Disclaimers carefully. By accessing this Website, you signify your agreement with, and understanding of, the following Terms and Conditions of Use and Disclaimers.

No Offer of Securities – Disclosure of Interests

None of the information or materials contained on or accessible through this Website, including any information or materials accessible in any password protected areas, should be construed as providing any type of investment or other advice to you, nor should you consider such information or materials as a solicitation, recommendation, endorsement or offer to you to purchase or sell any securities or other instruments of Battle Investment Group or any other issuer. Offers may only be made where lawful under applicable law. Any information regarding past performance is not indicative of future results. Battle Investment Group is registered as an investment adviser with the U.S. Securities and Exchange Commission. Registration does not imply a certain level of skill or training. If you wish to obtain further details about any information contained on this Website, please contact the Battle Investment Group team.

Accredited Investor Acknowledgment

Certain areas of this Website may be accessible only to persons who qualify as “accredited investors” under Regulation D of the Securities Act of 1933 or “qualified purchasers” under the Investment Company Act of 1940. By accessing any such password-protected area, you represent that you meet the applicable qualification requirements.

Forward-Looking Statements

This Website may contain forward-looking statements. These statements involve risks and uncertainties, and actual results may differ materially. Battle Investment Group undertakes no obligation to update any forward-looking statements.

Geographic Restrictions

This Website is intended for U.S. residents only. Nothing on this Website constitutes an offer or solicitation in any jurisdiction where such offer or solicitation is not authorized or would be unlawful.

Your Right to Use this Website and Its Contents

This Website is only for your personal use. The information and materials provided on this Website are solely for your use to assist you in evaluating the products and services offered by Battle Investment Group and in the support and use of such products. Other uses are not permitted unless you receive Battle Investment Group’s prior written approval. You may not distribute, exchange, modify, sell, re-post or transmit anything you copy from this Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. You may not use any data mining, robots, scraping or similar data gathering or extraction methods on this Website. As long as you comply with the terms of these Terms and Conditions of Use, Battle Investment Group grants you a non-exclusive, non-transferable, limited right to access and use this Website. Battle Investment Group may revoke such right at any time without notice or liability.

You agree not to exploit, reverse-engineer, decompile, interrupt or attempt to interrupt the operation of this Website in any way. This Website is operated by, or on behalf of, Battle Investment Group. Not all products and services (if any) listed on this Website are available in all jurisdictions. To the extent that access, distribution and/or use of this Website would be deemed illegal by applicable law in any regulatory jurisdiction then such access, distribution and/or use by you is prohibited.

You also agree not to: (i) alter or remove any copyright, trademark, or other protective notices, (ii) use the Website in a manner that could, directly or indirectly, disable, overburden, impair, pose harm or other safety concerns, (iii) transmit or distribute any viruses, malware, or other harmful code, and (iv) use or encourage or facilitate others’ use of any portion of the Website for any unlawful purpose or in violation of applicable law, including for any purpose that is fraudulent, libelous, defamatory, obscene, pornographic, profane, indecent, or otherwise inappropriate, or is otherwise unlawful. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violation of these Terms and Conditions of Use, including blocking access to the Website, or taking other corrective actions, we deem appropriate.

Responsibility for User’s Material

You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Battle Investment Group will fully cooperate with any law enforcement authorities or court order requesting or directing Battle Investment Group to disclose the identity of anyone posting such materials.

Transmitted Material

Internet transmissions are never completely private or secure. You understand that any message or information you send through this Website may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to Battle Investment Group does not cause Battle Investment Group to have any special responsibility to you.

Linked Sites

This Website may contain links to other Internet websites. Battle Investment Group provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Website. Links from this Website to any other website do not mean that Battle Investment Group approves of, endorses or recommends that website. Battle Investment Group disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other website.

Accounts

To create an account, you must provide certain information about yourself. You must be at least eighteen (18) years of age or older to register for an account. By registering, you acknowledge and agree that you are at least eighteen (18) years of age, and that the information you have provided is true, accurate, complete, and correct as of the date of registration, and that you will promptly update your registration information, should it change. During the registration process, you must select a password. It is your responsibility to ensure that your password remains confidential. By registering, you agree that you will not allow others to use your account and that you are fully responsible for all activities that occur under your account. You agree to notify Battle Investment Group immediately in the event of unauthorized use of your password or account, or of any other breach of security relating to your account. Battle Investment Group is not liable for any loss, damage, or purchase resulting from your failure to maintain the confidentiality of your account as provided herein.

User Content

Except as may otherwise be provided for in our Online Privacy Policy, any material, information or other communication you transmit or post to this Website, including any data, feedback, questions, comments, suggestions, or the like is and will be treated as, non-confidential and non-proprietary (“User Content”). By providing User Content, you grant Battle Investment Group a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, exploit, and publish such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for any legitimate business purpose, in any media formats, and through any media channels as permitted by law (collectively, “Use Rights”). By providing User Content, you represent and warrant to us that you either own such User Content (including any copyright and other intellectual property rights therein) or have obtained sufficient authority, consents and rights in and to the User Content to provide the Use Rights.

Battle Investment Group’s Right to Change These Terms and Conditions of Use or Content on this Website

Battle Investment Group may add to, change or remove any part of these Terms and Conditions of Use at any time without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Website apply as soon as they are posted. By continuing to use this Website after any changes are posted, you are indicating your acceptance of those changes. Battle Investment Group may add, change, discontinue, remove or suspend any other content posted on this Website, at any time, without notice and without liability.

Disclaimer of Warranties and Damages; Limitation of Liability

BATTLE INVESTMENT GROUP IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES RELATED TO THE USE OF THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE) IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, ERRORS, BUGS, AND DEFECTS, AND YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS WEBSITE, BATTLE INVESTMENT GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING: (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (ii) ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (iii) ANY WARRANTY THAT THE WEBSITE OR ITS CONTENT WILL BE SECURE, ACCURATE, COMPLETE, ERROR-FREE, UNINTERRUPTED, TIMELY, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY DESIRED OUTCOME. THE WEBSITE AND ITS CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, ARE GENERAL IN NATURE AND NOT TAILORED TO INDIVIDUAL CIRCUMSTANCES, AND ARE NOT TO BE RELIED ON FOR ANY PURPOSE. BATTLE INVESTMENT GROUP, ITS LICENSORS, AND THEIR RESPECTIVE SERVICE PROVIDERS ASSUME NO RESPONSIBILITY OR LIABILITY FOR (A) THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF ANY INFORMATION AVAILABLE THROUGH THE WEBSITE OR ITS CONTENT OR (B) ANY HARM RESULTING FROM YOUR DOWNLOAD OF, ACCESS TO, OR USE OF THE WEBSITE OR ITS CONTENT, INCLUDING HARM CAUSED BY VIRUSES OR OTHER DESTRUCTIVE FEATURES. SOME JURISDICTIONS DO NOT PERMIT THE FOREGOING DISCLAIMERS AS TO INDIVIDUALS, IN WHICH CASE THEY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BATTLE INVESTMENT GROUP’S NEGLIGENCE, BREACH OF CONTRACT, OR TORT, SHALL BATTLE INVESTMENT GROUP BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES AND/OR LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, OR LOSS OF GOOD WILL RELATED TO OR ARISING OUT OF YOUR USE OF THE WEBSITE OR WEBSITE CONTENT, WHETHER FORESEEABLE AND WHETHER OR NOT BATTLE INVESTMENT GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BATTLE INVESTMENT GROUP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO BATTLE INVESTMENT GROUP IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY.

You are responsible for undertaking suitable precautions to scan for computer viruses and to maintain a back up of all data and/or equipment.

Indemnity

You agree to indemnify, defend and hold harmless Battle Investment Group and its affiliated entities, and each of their respective owners, officers, directors, employees, agents, successors and assigns from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to reasonable attorneys’ fees and costs of investigation) arising from or in connection with: (i) your use of the Website; (ii) any violation of these Terms and Conditions of Use; (iii) any breach of any representation or warranty you have made; or (iv) any infringement of any intellectual property or other right of any third party. Battle Investment Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any such matter without Battle Investment Group’s prior written consent. You agree that your obligation to indemnify shall survive any termination of these Terms and Conditions of Use.

Governing Law

Any dispute arising out of or relating to these Terms and Conditions of Use or your use of this Website shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and you hereby consent to personal jurisdiction in such courts and waive any objection based on inconvenient forum.

General Provisions

These Terms and Conditions of Use and any additional terms posted on this Website together constitute the entire agreement between Battle Investment Group and you with respect to your use and access of this Website. Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without reference to its conflict of laws rules. Any provision of these Terms and Conditions of Use that, by its nature or express terms, is intended to survive the termination or expiration of these Terms and Conditions of Use shall survive and remain in full force and effect, including without limitation, the following provisions: Disclaimer of Warranties and Damages; Limitation of Liability; Indemnity; User Content; No Offer of Securities; and this General Provisions section. Battle Investment Group shall not be liable for any failure or delay in performing its obligations under these Terms and Conditions of Use where such failure or delay results from any cause beyond its reasonable control, including, without limitation, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, or failures of the internet or telecommunications infrastructure. These Terms and Conditions of Use shall not be assignable, either in whole or in part, by you. We reserve the right to assign the rights and obligations under these Terms for any reason and in our sole discretion.

Contacting Battle Investment Group

If you have any questions please contact the Battle Investment Group team at information@battleinvestmentgroup.com or call us at 404 458-0387.