Terms of Use

Terms of Use

Last Updated: July 23, 2024

These Terms of Use and the Privacy Policy (collectively, the “Terms”) apply to your access and use of the Bessemer Investors website (www.bessemerinvestors.com) (the “Site”). Please read the Terms carefully. Each time that you access or use the Site, you are acknowledging and agreeing to the Terms, including any revisions then in effect. If you do not agree to the Terms, you may not view, use, or otherwise access the Site for any purpose. If you violate the Terms, your permission to use the Site will automatically terminate.

You can read our Privacy Policy here.
  1. . Access and Conduct. You may view, display, and navigate the Site only for lawful, personal, non-commercial use. Any other use of any part of the Site is strictly prohibited. You confirm that:
    ‍
    a. You are at least eighteen (18) years of age;
    b. You will not use the Site for any illegal purpose or in violation of the Terms or any applicable local, state, national, or international law, rule, or regulation;
    c. You will not impose an unreasonable burden on the Site’s infrastructure;
    d. You will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or its security features;
    e. You will not attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Site; and
    f. You will not access, monitor, or copy any Content (as defined below) or information from the Site for any purpose using any robot, spider, scraper, or other automated or manual process without our express written permission.
  2. . Trademarks and Copyrights. Bessemer Investors owns and operates this Site, which contains material that includes software, text, graphics, and images (collectively, the “Content”). We may own the Content, or it may be made available to us by arrangement with a third party. The Content is protected by United States and foreign copyright, trademark, or other laws, which unauthorized use of the Content may violate. You have no rights to the Content and must not use, copy, transmit, distribute, frame, link to, or display the Content except as permitted by the Terms or with our prior written consent. You may download Content only for lawful, non-commercial, personal use, and you must retain all copyright and other proprietary notices associated with any downloaded Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content for any public or commercial purpose. You may not use, frame, link to, or post the Content on any other website or in any networked computer environment.

    All trademarks, service marks, trade names, and logos displayed or referenced on the Site are the property of Bessemer Investors, our partner companies, or third parties. You may not use any trademark, service mark, trade name, or logo displayed on the Site for any reason, including to disparage us or any third party. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the prior written permission of Bessemer Investors or the trademark’s owner.
  3. . Third-Party Content. The Site may have links to third-party websites. These are only for your convenience. We do not control or endorse those websites or their content. You understand that we have not reviewed the content, advertising, products, services, or other materials that appear on third-party websites and are not responsible for their legality, accuracy, or appropriateness. If you leave the Site by clicking a link to a third-party website, you do so at your own risk. You agree that we are not liable in any way, directly or indirectly, for any damage or loss caused by or arising from your use of third-party websites or services.
  4. . No Advice. Nothing on the Site is intended or should be interpreted as investment advice. This Site is only for informational purposes and is not a recommendation, offer to sell, or solicitation of an offer to buy any securities, futures, options, or other financial instruments. The information provided on this 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 law or regulation or which would subject Bessemer Investors to any registration requirement within such jurisdiction or country.
  5. . Communications Not Confidential. Information submitted to this Site should not be considered secure or confidential, and we make no representation whatsoever concerning the security, confidentiality, or receipt of any such information. You should assume that any information you submit or provide through the Site might be or become publicly accessible and you should take all appropriate steps to protect your important and private information.
  6. . DISCLAIMERS OF WARRANTIES. The Site is provided “as is” and on an “as available” basis without any kind of warranty or condition, express or implied. You acknowledge and agree that you will access and use the Site at your own risk. We make no warranty or representation concerning the accuracy, reliability, or completeness of information presented on the Site, that the Site will operate error-free, or that the Site or its server are free of computer viruses, contamination, or destructive features. We specifically disclaim all warranties concerning the Site, including any implied warranties of title, merchantability, non-infringement, fitness for a particular purpose, and quiet enjoyment and any warranties that may arise from course of dealing, usage, or trade.

    Some jurisdictions, including the State of New Jersey, do not allow the disclaimer or exclusion of certain warranties. In those jurisdictions, some of the limitations described here in Section 6 may not apply to you, and instead our liability will be limited to the greatest extent permitted by law.
  7. . LIMITS ON OUR LIABILITY. By accessing the Site or providing us with personal information or other data, you expressly and unconditionally release and hold us harmless from liability for all injuries, losses, and damages of any kind that may result or arise from your access, use, inability to use, or misuse of the Site or the Content, whatever the cause, whether based on warranty, contract, tort (including negligence), or any other legal theory, and even if we have been advised of the possibility of damage. This includes all direct, indirect, incidental, consequential, exemplary, or punitive damages and damages for lost profits, business interruption, lost data, servicing or replacing equipment or data, or for delays or interruptions of the Site’s data or information stream. While we make efforts to ensure the proper and appropriate use of data by service providers that may receive your information from us, we are not responsible for any injuries, losses, or damages of any kind resulting or arising from use or misuse of your information by those service providers.

    Some jurisdictions, including the State of New Jersey, do not allow the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, some of the limitations described here in Section 7 may not apply to you, and instead our liability will be limited to the greatest extent permitted by law.
  8. . Indemnity. You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold Bessemer Investors harmless from and against any and all claims, liabilities, damages, losses, and expenses, including legal, accounting and other fees and costs, arising out of or in any way connected with (a) your access to, use of, or alleged use of the Site; (b) your violation of the Terms or any applicable law or regulation; (c) your violation of any third party’s rights, including any intellectual property, publicity, confidentiality, property, or privacy rights; or (d) any disputes or issues between you and any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification under this Section 8, in our sole discretion, and you agree to cooperate with any reasonable requests to assist us in defense of such a matter.
  9. . Modification of the Site. We reserve the right to modify, discontinue, suspend, or terminate some or all of the Site, or your access to the Site, at any time without notice or liability.
  10. . Modification of the Terms. Bessemer Investors may revise, restrict, suspend, or terminate the Terms, including the Privacy Policy and CPRA Privacy Notice, at any time without notice or liability. Revisions will become effective upon posting to the relevant pages. By viewing, using, or accessing the Site after the effective date of any revisions to the Terms or CPRA Privacy Notice, you agree to be bound by them. You may read a copy of the Terms currently in effect at any time by selecting the “Terms of Use” link on the Site. If you find any change to the Terms unacceptable, your sole remedy is to stop using the Site.
  11. . Definition of Bessemer Investors. “Bessemer Investors,” “we,” “our” and “us” includes Bessemer Securities Corporation and its parent company, affiliates, subsidiaries and related parties, and their officers, directors, employees, consultants, agents, and licensors.
  12. . Jurisdiction, Governing Law, and Miscellaneous.
     
    a. Governing Law. The Terms and all claims or causes of action based on, arising from, or relating to the Terms, including any alleged representation or warranty made in connection with the Terms or as an inducement to agree to them, will be governed by and construed in accordance with the laws of the State of New York regardless of any choice- or conflict-of-law principles. To the fullest extent permitted by law, the state and federal courts located in New York County, New York, will have exclusive jurisdiction and will be the exclusive venue for any such claims or causes of action. To the fullest extent permitted by law, Bessemer Investors and you irrevocably waive (i) all objections to the jurisdiction and venue of those courts, including that they are an inconvenient forum, and (ii) all rights to trial by jury.
    ‍
    b. Entire Agreement. The Terms are the entire agreement between Bessemer Investors and you concerning the subject matter and supersede all previous or contemporaneous agreements between you and us, written or oral, relating to the subject matter.
    ‍
    c. No Waiver. Our failure to act on or enforce any of the Terms will not be deemed a waiver. No waiver will be effective against us unless made in writing and executed by us, and no such waiver will be construed as a waiver in any other or subsequent instance.
    ‍
    d. Successors. The Terms will inure to the benefit of our successors, assignees, licensees, and sublicensees.
    ‍
    e. Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and must not have any impact on the interpretation of specific provisions.
    ‍
    f. Inclusive Terms. “Includes” and “including” respectively mean “includes but not limited to” and “including but not limited to” and must not be construed as exclusionary terms.
    ‍
    g. Severability. If any provision of the Terms is held invalid by a court or tribunal with jurisdiction, the invalidity of that provision must not affect the validity of the other Terms, which will remain in full force and effect.