Privacy and Terms of Use

Privacy Statement

This Blue Heron Capital, LLC Privacy Statement ("Privacy Statement") governs your use of the Blue Heron Capital, LLC ("BHC") website ("Site"). Please carefully review this Privacy Statement. Your use of the Site is an acknowledgement that you have read and understood the Privacy Statement and your agreement to be bound by it. If you have questions about our privacy practices, you can send an e-mail to info@blueheroncap.com. Your use of the Site also constitutes your acknowledgement that you have read and agreed to the Site's Terms of Use. Please review the Terms of Use.

User Information that BHC May Collect

In order to secure the Site against unauthorized use and access and to continuously improve the content, features and performance of the Site for the benefit of all users, BHC may collect and maintain information as necessary to uniquely identify individual users and to monitor and track patterns of usage of the Site.

In particular, BHC may collect and store any and all of the following types of information and data, among others, in relation to each individual, identifiable user of the Site:

  • name, business address, telephone and email address;
  • configuration profiles, preferences and settings;
  • internet protocol (IP) address, location information and communications data;
  • operating system and browser type;
  • records of resources accessed, transactions conducted and other usage activities.

The Site may also employ "cookies" (small data files stored on and read from the hard disk of a user's computer) to associate usage of the Site with individual users and to obtain certain information about a user's general internet usage, settings and environment. A user may refuse to accept cookies by making changes to the settings of the user's web browser.  

BHC does not guarantee the confidentiality or security of any information transmitted to BHC or any other person through the Site.

The Site may provide links to third party sponsors or other web sites. These sponsors and web sites are independent of the Site and regulated by their own policies and procedures. BHC disclaims all responsibility for the privacy of any information provided to any third party sponsor or web site. 

Storage, Transfer and Security of User Information

User information that BHC collects and maintains may be stored on, and may be transferred among, servers and other facilities owned or operated by BHC, any of its affiliates and their authorized subcontractors and service providers, located within or outside the United States or the European Economic Area (EEA). In addition, user information may be handled and processed by staff of BHC, its affiliates and such subcontractors and service providers at such locations. By submitting any user information to BHC, including by any use of the Site, the user acknowledges and agrees to the foregoing collection, storage, transfer and processing of such user information.

Subject to the Terms of Use, PLC will undertake reasonable efforts consistent with industry practices to maintain the security of user information against unauthorized access. However, the transmission of information through the internet is not completely secure, so PLC does not guarantee the security of user information transmitted to or from the PLC Websites. Any such transmission is at the user's own risk.

How BHC May Utilize User Information

BHC, its affiliates and their authorized subcontractors and service providers may utilize user information, including any personal or personally identifiable information, in the following ways:

  • to present Site in a manner suited to a user's preferences, and the characteristics and configuration of the user's computer, operating system, browser software, network and internet connection;
  • to provide users with information and access to services and features that they request from BHC;
  • to notify users of changes to the Site;
  • to provide third parties with usage statistics, in aggregated form not identifying individual users; and
  • in any other way authorized by a user, including as permitted by the Terms of Use.

In addition, BHC may send marketing materials (through the Site, email and other means) about services offered by BHC, its affiliates, or other third parties, that might be of interest to users on the basis of user information they have provided. Users are entitled to decline to receive such solicitations (opt out) by notifying BHC at: info@blueheroncap.com.

Permitted Disclosures of User Information by BHC

In limited circumstances, including the following, BHC may disclose user information to government authorities or third parties:

  • to comply with a valid order of any court or regulatory body of competent jurisdiction;
  • to BHC's affiliates; 
  • to successors or assigns resulting from an acquisition of the stock or assets of BHC or its affiliates; and
  • otherwise as contemplated by this Privacy Statement, the Terms of Use or any agreement between a user and BHC.

BHC reserves the right to change this policy at any time, and without prior notice. Any changes to the Privacy Statement will govern your usage of the Site when posted. BHC suggests that you review this policy each time that you access the Site.

General Terms of Use

IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS WEB SITE ("SITE"), WHICH IS PROVIDED BY BLUE HERON CAPITAL, LLC ("BHC"). THESE TERMS OF USE 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 ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

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 appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates BHC's intellectual 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 prior written permission of an authorized representative of BHC. For purposes of these Terms of Use, "cobranding" means to display a name, logo, 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 violations of these Terms of Use.

BHC reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing BHC to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. YOU 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:

a) You will use the Site in accordance with these Terms of Use, as they may be in effect from time to time;

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.

10) Disclaimer
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 or complete.

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 Terms of Use.

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.

12) Indemnity
You will indemnify and hold BHC, BHC's Affiliates, and their licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, 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.

15) Modifications
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.

17) Notice
Notices to BHC shall be made to:

Blue Heron Capital, LLC
9030 Stony Point Parkway
Suite 140
Richmond, VA 23235

Attention: Andrew Tichenor
P: 804-320-5001
F: 804-320-5111

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.

18) Miscellaneous
These Terms of Use are made and entered into by BHC and you and are for the sole protection and benefit of BHC, BHC's affiliates and you. The Terms are 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 e-mail. By continuing to access this Site after revised Terms of Use or Privacy Statement have been posted on the Site or a copy or notice of the 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.