Terms of Use | Bansk Group

These Terms of Use constitute a legally binding agreement between Bansk Group and its affiliates (together, “Bansk Group,” “our,” “us,” “we” or “company”) and you, the user of https://www.banskgroup.com, including any subdomain thereof (the “Site”). By accessing the Site, you acknowledge that you have read and agree to these Terms of Use. These Terms of Use govern your use of the Site. Please read these Terms of Use carefully. If you do not agree with any of the terms and conditions contained herein, please do not access the Site.

Bansk Group reserves the right to amend these Terms of Use in its sole discretion. Bansk Group will post any changes to these Terms of Use on the Site, and changes are effective immediately upon posting. Your continued use of the Site after any such changes constitutes your acceptance of the new terms and conditions. You should consult the “Terms of Use” bar on the Site each time you visit the Site. The Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Bansk Group. If you do not meet all of these requirements, you must not access or use the Site. By accessing the Site, you consent to transact business with us online and electronically.

Purpose of the Site; Not Investment Advice; No Recommendations
The information presented on or through the Site is made available solely for informational purposes in relation to Bansk Group and its current and potential investments and other business ventures. Bansk Group does not warrant the accuracy, completeness or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. Bansk Group disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. Bansk Group is registered with the U.S. Securities and Exchange Commission as an investment adviser, which does not imply a certain level or skill or training.

The Site is not intended to provide legal, business, tax, accounting, investment or other advice. You agree not to construe any of the Content (as defined below) provided in connection with the Site as legal, business, tax, accounting, investment, financial or other advice. You agree that the Content provided in connection with the Site does not, and shall not be deemed to, constitute an offer to sell, or a solicitation to any person to buy, any security or similar investment. You understand that none of the Content constitutes a recommendation that you or any other person purchase, sell or hold any security, company, investment product or similar investment, or that you should pursue any investment strategy, and the Content is not to be relied upon for the purpose of making investment or other decisions.

Regulatory Disclosures
The Content provided on or through the Site may include information regarding past and/or present investments managed by Bansk Group, its affiliates and/or its personnel. It should not be assumed that investments made in the future will be comparable in quality or performance to the investments described herein. Further, references to past and present investments should not be construed as a recommendation of any particular investment or security. Information relating to any current or prior investments have been included for illustrative purposes only and have been selected in order to provide examples of the types of investments managed by Bansk Group. Current and previous investments listed on the Site are not to be considered a complete list of all investments historically managed by Bansk Group. The investments listed should not be assumed to have been profitable. Any past performance information on the Site is not necessarily indicative, or a guarantee, of future results.

Certain information contained on the Site constitutes “forward-looking statements.” All forward-looking statements represent only the intent and belief of Bansk Group as of the date such statements were made. None of Bansk Group or any of its affiliates (i) assumes any responsibility for the accuracy and completeness of any forward-looking statements or (ii) undertakes any obligation to disseminate any updates or revisions to any forward-looking statement contained on the Site to reflect any change in their expectation with regard thereto or any change in events, conditions or circumstances on which any such statement is based. Due to various risks and uncertainties, actual events or results may differ materially from those reflected or contemplated in such forward-looking statements.

Privacy Policies
In addition to these Terms of Use, your use of and access to the Site is also subject to our Website Privacy Policy (the “Privacy Policy”), which is incorporated by reference herein, as applicable. Our Privacy Policy contains additional terms relating to our potential collection, use and disclosure of your personal information, as applicable. You agree that you have read, agreed to and understand our Privacy Policy, as applicable.

User Accounts
If you choose, or are provided with, a user name, password or any other piece of information as part of Bansk Group’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information. You agree to notify Bansk Group immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Bansk Group has the right to disable any user at any time in Bansk Group’s sole discretion for any or no reason, including if, in Bansk Group’s opinion, such user has violated any provision of these Terms of Use.

Prohibited Conduct
You agree that you are responsible for your own conduct while using the Site and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable law, rules or regulations. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable law, rules or regulations. By way of example, and not as limitation, you agree that you may not:

use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use of the Site;
attempt to gain unauthorized access to the Site or the computer systems or networks connected to the Site through hacking, password mining or any other means;
create user accounts by automated means or under false or fraudulent pretenses;
utilize any data provided on the Site (including third-party provided data) for purposes other than evaluating Bansk Group investment opportunities; transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature; defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; email or transmit any inappropriate, defamatory, infringing, obscene, or unlawful content;
run Maillist, Listserv, or any form of auto-responder or “spam” on the Site;
use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, including to engage in the practices of “screen scraping,” “database scraping,” retrieving or indexing any portion of the Site, collecting information about its users for any unauthorized purpose or any other activity with the purpose of obtaining content or other information;
interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
download any file posted that you know, or reasonably should know, cannot be legally distributed in such manner;
impersonate another person or entity;
remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
use the Site for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state securities or blue sky laws or regulations, securities exchange or self-regulatory organization’s rules or regulations, or equivalent laws or regulations in foreign jurisdictions);
use the Site for any commercial purpose whatsoever other than for your personal use.

Ownership
The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks”) found on the Site and any and all information and content available through the Site (including strategies, policies, business plans, research, concepts and other information (collectively, the “Content”)) are proprietary to Bansk Group or its licensors and are protected by intellectual property rights and unfair competition and other laws. You may not use any Mark or Content without the express written permission of the owner (whether Bansk Group or otherwise), and nothing contained in these Terms of Use or anywhere on the Site shall be construed as granting any license or right to use any Mark or Content.

Third-Party Links
From time to time, Bansk Group may provide links from the Site to websites operated by third parties. Bansk Group’s decision to do so is in no way an endorsement of these sites. Bansk Group does not monitor, edit or control such third-party sites and is not responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to follow links to such websites is at your sole risk. When you click on a link to another website, you will be leaving the Site. If you have any questions regarding a linked site, please direct them to the administrator of the relevant site. Bansk Group reserves the right to terminate any link at any time.

Disclaimer of Warranties
THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, ARE PROVIDED WITHOUT WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY BANSK GROUP, EITHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. BANSK GROUP FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.

Limitation of Liability
BANSK GROUP DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE OR THE CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, BANSK GROUP IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE SITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THE SITE, OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.

UNDER NO CIRCUMSTANCES WILL BANSK GROUP BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity
You agree that you will be solely responsible for, and that you will defend, indemnify and hold Bansk Group, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use or otherwise resulting from your use of the Site. Bansk Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Bansk Group for all liabilities, losses or damages. You agree to provide Bansk Group with whatever cooperation it reasonably requests.

Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, UNLESS OTHERWISE REQUIRED BY LAW.

Miscellaneous
You may not assign or otherwise transfer these Terms of Use or your rights or obligations under it without Bansk Group’s prior written consent, and any attempted assignment or other transfer in violation of this provision shall be null and void. Bansk Group may assign these Terms of Use or any rights under these Terms of Use without your consent and without notice. Nothing in these Terms of Use may be used to construe you and Bansk Group as joint venturers, co-employers, partners or agents of each other, and neither you nor Bansk Group has the power to obligate or bind the other in any way whatsoever. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect. The failure of Bansk Group at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law rules. The Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this Terms of Use. Unless otherwise agreed in writing by you and us, any controversy, claim, action, or dispute arising out of or relating to these Terms of Use, or any alleged breach thereof shall be resolved solely and exclusively by a binding arbitration process administered by the American Arbitration Association (“AAA”). The arbitration hearing shall take place in the State of New York and be conducted in accordance with the AAA’s Commercial Arbitration Rules, with the following exceptions if in conflict: (a) one arbitrator who is a retired judge shall be agreed to by the parties, or if the parties cannot agree, then each side shall submit a list of three names, and the arbitrator shall be chosen by AAA; and (b) each party to the arbitration will pay one-half of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator. The arbitrator shall award to the prevailing party, if any, its costs, expenses, expert witness fees, arbitration fees paid, and attorneys’ fees reasonably incurred in connection with the arbitration. Such arbitration must be commenced within one (1) year after the claim or cause of action arises. Notwithstanding the foregoing, either Bansk Group or you may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision. You irrevocably consent to the jurisdiction of any state or federal court sitting in the District of New York.The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

Headings and captions throughout these Terms of Use are for convenience only and should not be considered part of these Terms of Use. The word “including” means “including without limitation.” If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, contact us at (646) 827-8710.