CONTAIN IMPORTANT INFORMATION REGARDING YOUR OBLIGATIONS, ACCESS TO INFORMATION AVAILABLE ON THE SITE AND THE LIMITS OF BHC'S LIABILITY. THESE TERMS OF
USE ARE SUBJECT TO CHANGE BY BHC AT ANY TIME AT ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR
1) Agreement between User and BHC
The Site is comprised of various Web pages operated by BHC. The Site is offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices. By using
the Site, you agree to be bound by these Terms as a "Visitor," which means that you simply browse the Site.
2) Linked Sites
The Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of BHC and BHC is not responsible for the
contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BHC is not
responsible for web-casting or any other form of transmission received from any Linked Site. BHC is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by BHC of the site or any association with its operators.
3) No Unlawful or Prohibited Use
As a condition of your use of the Site, you warrant to BHC that you will not use the Site for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with
any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Sites.
4) Submission License
You hereby grant to BHC the royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information
communicated to BHC through this Site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology
now known or later developed. BHC will not be required to treat any Submission as confidential, and may use any Submission in its business (including
without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not
incur any liability as a result of any similarities that may appear in future BHC operations.
5) Other Information Posted on the Site
a) The material, information and content accessible from this Site and any other World Wide Web site owned, operated, licensed, or controlled by BHC
(the "Content") is the proprietary information of BHC or the party that provided the Content to BHC or posted the Content on this Site, and BHC or the
party that provided the Content to BHC retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed,
republished, uploaded, posted, or transmitted in any way without BHC's prior written consent, except that you may print out a copy of the Content
solely for your personal use. In doing so, you may not remove, alter or otherwise render unreadable, or cause to be removed, altered or otherwise
rendered unreadable, any disclosures, legend, watermark, copyright, trademark, trade name, service mark, designation or any other proprietary notice
property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
b) You acknowledge that the Content on the Site may not represent all investment opportunities that are presented to BHC or its affiliates for review.
BHC and its affiliates retain sole discretion regarding the posting of such investment opportunities on the Site. BHC or its affiliates may choose, in
its sole discretion, not to post certain investment opportunities on the Site because it wishes to pursue such investment opportunities independently,
because it believes that the investment opportunity does not merit posting on the Site or for any other reason. Some investment opportunities may
provide preferential priority of investment to affiliates of BHC and/or limited partners of BHC.
6) Restrictions On Use
You may use this Site only for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial
purpose, without BHC's express prior written consent. For example, you may not (and may not authorize any other party to) (i) use the Site to negotiate
or participate in the purchase or sale of a security, (ii) cobrand this Site, (iii) frame this Site, or (iv) hyperlink to this Site without the express
trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that
such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with BHC in
causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
7) Access and Security
BHC will issue one login and one password for each subscription provided. All Site logins and passwords are for individual use only. BHC may change
your password from time to time. You will be responsible for the security of your password and shall immediately notify BHC of any known or suspected
unauthorized use(s) of your login or password or any other known or suspected breach of Site security. You are responsible for all usage or activity
associated with your login or password, including but not limited to use of the Site by any third party authorized by you to use your login or
password. Any fraudulent, abusive, or otherwise illegal activity are grounds for termination of your Site subscription, at BHC's sole discretion, and
BHC may refer you to appropriate law enforcement agencies.
You are prohibited from using any Services or facilities provided in connection with this Site to compromise security or tamper with system resources
and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network
probing tools) is strictly prohibited. If you become involved in any violation of system security, BHC reserves the right to release your details to
system administrators at other sites in order to assist them in resolving security incidents. BHC reserves the right to investigate suspected
BHC reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing BHC to disclose the identity of
WAIVE AND HOLD HARMLESS BHC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BHC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS
TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BHC OR LAW ENFORCEMENT AUTHORITIES.
BHC reserves the right, in its sole discretion, to terminate or suspend your access to the Site at any time for any reason.
8) Practices Regarding Use and Storage
You acknowledge that BHC may establish general practices and limits concerning use of the Services, including without limitation, limitations or
restrictions on time-length or amount of Content that may be submitted or otherwise made available to the Site. You agree that BHC has no
responsibility or liability for the deletion or failure to store any Content or other communications maintained or transmitted by the Service.
9) User Representations and Warranties
You represent and warrant that:
b) You shall, at all times, comply with all applicable laws, rules and regulations in connection with your use of the Site;
c) You shall not use the Site to infringe, misappropriate or violate the rights of BHC or third parties, including but not limited to other Site users
and Content providers.
a) You understand, acknowledge and agree that the Site is designed as an informational tool only, and that BHC is not engaged in rendering, nor is it
representing itself as rendering investment, legal, tax, financial, accounting or other professional advice or opinions of any nature whatsoever to you
or any other Site user. Furthermore, you understand, acknowledge and agree that it is your own responsibility to obtain independent investment, legal,
tax, financial, accounting or other professional advice with respect to evaluating, agreeing, establishing and/or implementing any relationship or
private investment based on any of the Content, material, information or strategies presented on the Site. Further, it is highly recommended that you
take adequate time to review and evaluate whatever Content received with whichever independent professional advisors you deem appropriate. All of the
Content in this Site, whether historical in nature or forward-looking, speaks only as of the date the Content is posted on this Site, and BHC does not
undertake any obligation to update such Content after it is posted or to remove such information from this Site if it is not, or is no longer, accurate
b) You accept total responsibility for any agreement, understanding or relationship that you enter into with any of the Content providers or other Site
users. Furthermore, you understand, acknowledge and agree that BHC, in no manner whatsoever, endorses the Content providers or other Site users or
whatever proposal may be presented by such Content providers or other Site users and that BHC shall not be held liable for any claims of any nature
whatsoever arising or resulting from any thesis or proposal of any of the Content providers or other Site users, or from any agreement, understanding,
association, private investment or relationship concluded, agreed, made or established between you and any of the Content providers or other Site
users, of any type and for any reason whatsoever.
c) You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external to this Site for the reconstruction of any lost data. BHC does not assume any responsibility or risk for
your use of the Internet.
d) The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by BHC
to its Limited Partners. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should
not rely on the Content to the exclusion of their own professional judgment. Content obtained by using this Site is not exhaustive and does not cover
all issues, topics, or facts that may be relevant to your goals. You acknowledge that BHC does not pre-screen Content. Nevertheless, BHC will have the
right, but not the obligation to refuse, remove or move any Content that is available on the Service for any reason whatsoever.
d) Any Content or other material downloaded, accessed or otherwise obtained through the use of the Site is done at your sole discretion and risk. BHC
cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other
code that may manifest contaminating or destructive properties. You acknowledge and agree that you will be solely responsible for any damage to your
computer system or loss of data that results from the download of any such material.
e) No advice or information, whether oral or written, obtained by you through or from the Site shall create any warranty not expressly stated in these
f) YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BHC
DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILTY, FITNESS, FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BHC DOES
NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BHC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE,
OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE, THAT THE RESULTS OBTAINED BY ACCESSING THE SITE WILL BE ACCURATE
AND RELIABLE, OR THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU FROM THE SITE, INCLUDING BUT NOT LIMITED
TO CONTENT POSTED ON THE SITE BY THIRD PARTIES. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BHC MAY MAKE CHANGES OR
IMPROVEMENTS AT ANY TIME. YOU, AND NOT BHC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE
ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. BHC MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
11) Limitation Of Liability
BHC, BHC'S AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS COMPENSATED BY BHC, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL
NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE,
INCOME, PROPERTY, BUSINESS OPPORTUNITY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF BHC HAS BEEN ADVISED OR HAVE ACTUAL OR
CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BHC, BHC'S AFFILIATES, AND THEIR LICENSORS,
SERVICE PROVIDERS, CONTENT PROVIDERS COMPENSATED BY BHC, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $500 OR THE AMOUNT YOU HAVE PAID TO BHC FOR THE APPLICABLE CONTENT OR SERVICE OUT OF
WHICH LIABILITY AROSE.
You will indemnify and hold BHC, BHC's Affiliates, and their licensors, content providers, service providers, employees, agents, officers, directors,
and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in
connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims or demands, including reasonable
attorney fees, made by any third party arising out of your submission of Content or use of Content accessed from this Site.
13) BHC Trademarks
Trademarks, service marks, and logos appearing in this Site are the property of BHC or the party that provided the trademarks, service marks, and logos
to BHC. BHC and any party that provided trademarks, service marks, and logos to BHC retain all rights with respect to any of their respective
trademarks, service marks, and logos appearing in this Site.
14) No Resale
You agree to not produce, copy, duplicate, sell, resell or otherwise distribute access to the Services, Content or the Site, or any portion of the Site
or the Content posted thereon for commercial purposes.
BHC retains the right to modify or discontinue, temporarily or permanently, all or part of the Site without notice. BHC will not be liable to you or
any third party for any change, modification, suspension or discontinuance of all or part of the Site.
16) Notices and Procedures for Making Claims of Copyright Infringement
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to
others without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your
work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following
information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a
description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is
located on the Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. BHC's Copyright Agent
for notice of claims of copyright infringement can be reached as follows: Mr. Andrew Tichenor, Member, Blue Heron Capital, LLC, 9030 Stony Point
Parkway, Suite 140, Richmond, VA 23235, P: 804-320-5001, F: 804-320-5111.
Notices to BHC shall be made to:
Blue Heron Capital, LLC
9030 Stony Point Parkway
Richmond, VA 23235
Attention: Andrew Tichenor
You agree that notices to you may be delivered by posting such documents or information on the Site or delivering it to you by e-mail.
not intended to convey any rights or benefits to any third party other than BHC's affiliates, nor will the Terms be interpreted to convey any rights or
benefits to any person except BHC, BHC's affiliates and you. The Terms will be governed and interpreted pursuant to the laws of Virginia, United States
of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Virginia in connection with any
dispute between you and BHC arising out of the Terms or pertaining to the subject matter hereof. The parties to the Terms each agree that the exclusive
venue for any dispute between the parties arising out of the Terms or pertaining to the subject matter of the Terms will be in the state courts in
Richmond, Virginia and/or federal courts in Richmond, Virginia.
If the performance of any part of the Terms by BHC is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot,
terrorism, earthquake, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond BHC's control, then BHC shall be
excused from such performance to the extent that it is prevented, hindered or delayed by such causes.
These Terms and Privacy Statement accepted by you constitute the entire agreement between you and BHC with respect to the subject matter of the Terms
and supersedes all prior agreements between the parties, whether written or oral, relating to the same subject matter.
If any part of the Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of
any remaining provisions. The Terms constitute the entire agreement among the parties relating to this subject matter. BHC may revise the Terms and
Privacy Statement at any time by updating the applicable posting on the Site or by sending you a copy or a notice of the updated information via
updated information has been sent to you e-mail address on file with BHC, you agree to the new Terms and/or Privacy Statement, as applicable. You agree
that no joint venture, partnership, employment, or agency relationship exists between you and BHC as a result of this agreement or use of the Site.
BHC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BHC's
right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or
gathered by BHC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BHC with respect to
the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BHC
with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.