LAST UPDATE OF THIS POLICY – November 19th, 2022
At Black Mountain Investment Group, LLC (“BMIG”) maintaining our customers’ trust and confidence is of paramount importance. We are committed to safeguarding your personal information and providing you with facts and options about how this information may be shared. Please read this notice to learn more about our privacy policies and the options available to you.
Information That We Collect. As part of providing you with our services, we obtain nonpublic personal information about you, which may include the following:
Information we receive from you on applications or other forms including name, address, social security number, assets and income. Information about your transactions with us or others.
Information That We Share & Why It Is Important. We use or share information in a limited and carefully controlled manner. We do not disclose any nonpublic information about our customers or former customers to anyone, except as permitted by law, unless authorized by you. Instances in which we may share your information with nonaffiliated third parties include:
Inclusion of certain names (institutional clients only) on a Representative Client List. The Representative Client List is contained in our standard marketing material and examples of those who may receive the list include: existing clients, prospective clients, consultants for prospective clients and prospective hedge fund managers. The majority of BMIG’s assets under management are institutional assets. As a result, institutional assets in general are perceived as stable capital sources and hedge fund managers tend to be biased towards favoring these assets. As we meet with prospective hedge fund managers, we believe our Representative Client List gives BMIG an advantage when trying to gain access to funds that accept capital on a limited basis.
(NOTE: The Representative Client List includes language stating that the names on the list are not to be construed as an endorsement or recommendation of BMIG’s services.)
Disclosure to companies that provide services necessary to effect a transaction that you request or to service your account such as prime brokers, accountants, banks, attorneys or administrators. Disclosure to government agencies, courts, parties to lawsuits, or regulators in response to subpoenas. In such cases, we share only the information that we are required or authorized to share.
Collection of Information
In general, you can browse the non-password-protected sections of the Website without telling us who you are or revealing any personal information about yourself. We automatically track certain information that your browser makes available whenever you visit a website. This information includes your Internet Protocol address, browser type, browser language and one or more files that may uniquely identify your browser. We may use this information to do internal research on our users’ demographics, interests and behavior to better understand, protect and serve you and our clients. This information may include the URL from which you just came (whether this URL is on the Website or not), to which URL you next go (whether this URL is on the Website or not), your computer browser information and your IP address. We use this information to operate, develop and improve our services.
If you apply for a password to access password-restricted areas on this Website, you must provide to us your name, mailing address, email address, phone number, personal financial data, investment portfolio and other investment information.
Use and Disclosure of Information
The security of your account information is important to us. Only those persons who need your information to perform their job have access to it. In addition, we maintain physical, electronic and procedural security measures that comply with federal regulations to protect your information. Our employees have limited access to your personal information based upon their responsibilities. All employees are instructed to protect the confidentiality of your personal information as described in these policies, which are strictly enforced.
You agree that we may use personal information about you to analyze Website usage, improve our content and product offerings and customize the Website’s content, layout, and services. These uses improve the Website and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Website.
We may also share information about you if we believe that disclosure is required under law. For example, we may need to disclose information in response to a subpoena or to cooperate with regulatory or law enforcement authorities.
If you prefer that we not disclose nonpublic personal information about you to nonaffiliated third parties (through our Representative Client List), you may “opt out” of those disclosures. This means that you may direct us not to include your name on our Representative Client List (other than disclosures permitted by law).
Control of Your Password and Personal Information
You are responsible for all actions taken with your user name and password. Therefore, we recommend that you do not disclose your password to anyone. You may not allow others to use your user name or password to access or use any part of this Website. If your password has been compromised for any reason, you should contact us immediately for a new password.
You can review and change the information that you submit to us by contacting us at email@example.com. You can change your User ID, email address, contact information, financial information, other personal information and user preferences. You must promptly update your personal information if it changes or is inaccurate.
On your request, we will deactivate your password and remove your contact information and financial information from our active databases. Your password will be deactivated promptly based on your account activity and in accordance with our deactivation policy.
Your information is stored on our servers located in the United States. We use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy, which may include encryption, “firewalls” and Secure Socket Layers. We treat data as an asset that must be protected against loss and unauthorized access. We employ security techniques to protect such data from unauthorized access by users inside and outside the company. However, “perfect security” does not exist on the Internet.
Persons under age 18 are not eligible to use the Website.
Conditions Of Use
Changes to this policy
California Consumer Protection Act
Click here to learn about our practices regarding the collection, use and disclosure of personal information about California residents who are covered by the California Consumer Privacy Act, and how covered individuals can exercise their rights.
Cayman Islands Privacy Notice
Black Mountain Investment Group, LLC and its subsidiaries (referred to collectively as BMIG or “we” or “our”) are committed to respecting the privacy of all individuals.
This Privacy Notice (“Notice”), our website notice, your subscription agreement, and any other agreements between you and us, set out the basis by which BMIG processes personal data with respect to the private investment funds we manage domiciled in Nevada and the Cayman Islands. Please read the following carefully to understand our views and practices regarding how we handle personal data.
If you are an individual investor, this will affect you directly. If you are an institutional investor that provides us with personal data on individuals connected to you for any reason in relation to your investment with us, this will be relevant for those individuals and you should transmit this document to such individuals or otherwise advise them of its content.
For purposes of applicable data protection law (in particular, the Cayman Islands Data Protection Act, 2017 (Law 33 of 2017)), the relevant Cayman Islands private investment fund into which you are subscribed and as managed by Black Mountain Investment Group, LLC is the “data controller” of your personal data.
Personal Data We collect
We collect and process the following personal data:
Information you give us:
If you are inquiring about or investing in our products (including, where you invest in Black Mountain Investment Group, LLC managed funds or separately managed accounts), then we process your personal data – including your name, address, e-mail address and phone number, financial information, personal description, photograph, ID documentation (including your passport or ID card), information about your dependents or beneficiaries, as well as information about your investments in BMIG funds.
You may provide us information about you when you correspond with us by phone, e-mail or other electronic means, or in writing. This includes information you provide when you subscribe to any of our funds, search our website, make inquiries, submit information or content to our site, when you report a problem with our site – including your name, email address, postal address, telephone number and facsimile number.
Information we collect about you: with regard to each of your visits to our website, we automatically collect the following information: technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products, services or issues you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page, and any phone number used to call our customer service number.
Information we receive from other sources:
We are part of a global group of companies which manages funds and provides other financial services.
We also work closely with third parties (for example, banks and other financial institutions, business partners, placement agents, introducers, law firms, accountants, consultants, sub- contractors in technical, payment and delivery services, analytics providers, search information providers) and may receive information about you from them.
Public information about you, including public record searches, bankruptcy filings, pending litigation, judgments and liens, and criminal databases for use in required “Know Your Customer” activities, Anti-Money Laundering activities, sanctions screening, and other legal requirements to which we are subject.
Information about other people:
If you provide information to us about any person other than yourself, such as your relatives, your executors, next of kin, your advisers or your suppliers, you must ensure that they understand how their information will be used, and that they have given their permission for you to disclose it to us and for you to allow us, and our outsourced service providers, to use it.
Purposes and Legal Basis
We will ask you for consent to collect or process your personal data on certain occasions, for example, and as stated below, where necessary in order to contact you with information about products and services that might be of interest to you.
We also process your personal data when we need to do this to fulfill a contract with you, such as to give effect to your investment in a BMIG fund or separately managed account (including verifying your identity), or when required by law, such as if we receive a request from law enforcement or other government officials.
We also process your personal data when it is in our legitimate interest to do this and when this interest is not overridden by your data protection rights. In particular:
- we will use your personal data to provide services to you, and to respond to any comments or requests you may send us;
- we monitor use of our website, and use your personal data to help us monitor, improve and protect our services and website, both online and offline;
- we monitor investor accounts to prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable law and regulation; and
- we will use personal data in connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of such information in connection with legal process or litigation).
For example, we have a legitimate interest in the effective administration of the BMIG funds and separate accounts we manage and our business, and in ensuring the security and integrity of our website.
We have carried out balancing tests for all the data processing we carry out on the basis of our legitimate interests, which we have described above. You can obtain information on any of our balancing tests by contacting us using the details set out later in this Notice.
Disclosure of Your Personal Data
We may share your personal data with our subsidiaries and/or affiliates:
- to administer and service private investment funds in which you are invested; and
- to the following individuals employed by such subsidiaries and affiliates on a need to know basis, including without limitation, their respective attorneys, compliance professionals, human resources
We will also share your personal data with trusted third parties including:
- Banks and other financial institutions which, for example, act as administrators, trustees, brokers or custodians on behalf of the BMIG funds and separate accounts we manage;
- Firms conducting Anti-Money Laundering, “Know Your Customer” and AEOI tax review with respect to BMIG’s onboarding of new investors with respect to its funds and separate accounts we manage;
- Legal, accounting, and other advisers, consultants and professional experts, correspondents, and suppliers and service providers of any of the above, and each of their associated businesses;
- Business partners, suppliers and sub-contractors only for the purposes of performance of any contract we enter into with them or you. We take reasonable steps to ensure that our staff protect your personal data, and are aware of their information security obligations;
- Placement agents and introducers; and
- Analytics and search engine providers that assist us in the improvement and optimization of our site.
We may disclose your personal data to third parties:
- If we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- If Black Mountain Investment Group, LLC, its business, or its assets are acquired by a third party, in which case personal data held by it about its users, suppliers, or customers will be one of the transferred assets;
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions (Legal) and other agreements; or if we reasonably consider this necessary; or to protect the rights, property, or safety of BMIG, our users, our customers, or others; and
- For the purposes of crime prevention and fraud protection.
We, or trusted third parties on our behalf, may contact you by email or post with information about products and services that might be of interest to you. Where necessary, at the time that you provide your personal data to us, you will be given the opportunity to indicate whether or not you are happy for us to use your personal data in order to tell you about such products or services.
Where We Store Your Personal Data and How We Protect it
Some of the Black Mountain Investment Group, LLC subsidiaries and/ or affiliates and third parties to whom BMIG discloses your personal data (as described above) are located in countries outside the Cayman Islands or the EU that do not provide a level of protection to personal data equivalent to that provided by your home country.
Due to the international nature of our business, your personal data may be transferred to jurisdictions that do not offer equivalent protection of personal data as under the Data Protection Legislation. In such cases, we will process personal data or procure that it be processed in accordance with the requirements of the Data Protection Legislation, which may include having appropriate contractual undertakings in legal agreements with service providers who process personal data on our behalf. While we take reasonable steps to protect your personal data from loss or destruction, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our site; any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorized access.
You have various rights with respect to our use of your personal data:
- Informed: You have the right to be informed about the purposes for which your personal data are processed.
- Access: You have the right to request a copy of the personal data that we hold about you. Please note that there are exceptions to this right, so that access will be denied if, for example, making the information available to you would reveal personal data about another person, or if we are legally prevented from disclosing such information. You are entitled to see the personal data held about you. If you wish to do this, please contact us using the contact details provided below.
- Accuracy: We aim to keep your personal data accurate, current, and complete. We encourage you to contact us using the contact details provided below to let us know if any of your personal data is not accurate or changes, so that we can keep your personal data up-to-date.
- Restricting: You have the right to restrict the processing of your personal data.
- Objecting: In certain circumstances, you also have the right to object to processing of your personal data and to ask us to block, erase and restrict your personal data. If you would like us to stop using your personal data, please contact us using the contact details provided below.
- Complaints: If you believe that your data protection rights may have been breached, you have the right to lodge a complaint to the applicable supervisory authority (such as the Ombudsman in the Cayman Islands) or to seek a remedy through the courts.
- Breaches: You have the right to be informed of a personal data breach (unless the breach is unlikely to be prejudicial to you).
- Deletion: You have the right to require us to delete your personal data in some limited circumstances.
- Marketing: You have the right to stop direct marketing.
Please note that there are exceptions to these rights, if, for example, we are under a legal obligation to continue to process your personal data.
When we ask you to supply us with personal data we will make it clear whether the personal data we are asking for must be supplied so that we can provide the products and services to you, or whether the supply of any personal data we ask for is optional.
End User License Agreement (EULA):
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the videogame, application, software, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will be provided by Black Mountain Investment Group, LLC, or any one of its subsidiaries or affiliated companies, including without limitation Black Mountain Marketing, LLC, Black Mountain Aviation, LLC, and Black Mountain Wellness, LLC. (collectively referred to as “BMIG”).
BMIG reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 9.
1. GRANT OF LICENSE.
1.1 BMIG (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or BMIG terminates this EULA. You must in no event use, nor allow others to use,the Product or this License for commercial purposes without obtaining a license to do so from BMIG. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
As applicable, certain parts of the Product may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms: for instance, if the Product is featuring a VoIP application, then You must comply with the associated wireless data service agreement when using the Product). Please review such additional terms and costs carefully.
1.3 While using the Product, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by BMIG. In all cases, You may only use the Product according to anticipated use of the Product.
For example purposes, and without limiting BMIG’s rights to take action against You, You may not:
a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;
c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on BMIG’s servers and/or the Product and/or those of its service providers and partners;
d. create, supply or use alternative methods of using the Products, for example server emulators;
e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
f. transmitting or communicating any material or content which, in the sole and exclusive discretion of BMIG, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
g. harassing or threatening any other users in the Product;
h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of BMIG’s personnel;
i. falsely claim to be an employee or representative of BMIG or its partners and/or agents;
j. falsely claim an endorsement in connection with the Product or with BMIG.
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by BMIG or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, BMIG’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without BMIG’s prior permission and, if applicable, BMIG’s licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by BMIG.
This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
3. ACCESS TO THE PRODUCT
3.1 THE PRODUCT MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE PRODUCT WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR COMPUTER ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE PRODUCT THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL BMIG BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR COMPUTER BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE PRODUCT. AN INTERNET CONNECTION, A BMIG ACCOUNT AND INSTALLATION OF THE BMIG CONNECT CLIENT SOFTWARE AND REGISTRATION WITH ENCLOSED SINGLE-USE SERIAL CODE MAY BE REQUIRED TO PLAY AND ACCESS ONLINE SERVICES AND FEATURES OF THIS PRODUCT. RESTRICTIONS OF AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS.
3.2 If You are using the Product on a Compatible Mobile Terminal, this Section 3.2 is applicable to You and to Your use of the Product:
For this EULA, “Compatible Mobile Terminal” designates any portable device capable of connecting to Internet to access the Products. The term Compatible Mobile Terminals covers in particular feature phones, smartphones , tablet computers, and personal digital assistants (PDAs).
a. Product Access. To use the Product on a Compatible Mobile Terminal, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain features may depend on the capacities of Your Compatible Mobile Terminal and of the electronic communication network. BMIG may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers.
4. CONSENT TO MONITOR.
When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to BMIG, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third party program, this License and Your access to the Product may be terminated with or without additional notice to You.
However, please note that BMIG is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product, including in game chats. Such communications are the sole responsibility of the user in question.
5. LIMITED WARRANTY FOR PRODUCT PURCHASED AS A PHYSICAL MEDIUM.
If You purchased Product as a physical medium (CD, cartridge or DVD-ROM), this Section 6 is applicable to You:
BMIG warrants that the physical medium containing the Product shall be free from defects in material and workmanship for a period of ninety (90) days from the date of Your purchase of such medium. In the event that the medium containing the Product proves to be defective during that time period, BMIG will, at BMIG’s option, free of charge, (a) correct any defect, (b) replace the Product, (c) substitute a similar Product of equal or greater value (in the event the Product is not longer being manufactured by BMIG or available in BMIG’s inventory), or (d) refund Your money when You present BMIG with written proof of purchase of the defective medium. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. When returning the Product for warranty replacement please send the original Product disc, cartridge or DVD, as applicable, only in protective packaging and include: (1) a photocopy of Your dated sales receipt; (2) Your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) You are encountering and the hardware and system on which You are running the Program.
6. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. BMIG BMIG’s LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. BMIG DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL BMIG, BMIG’s LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH BMIG OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, BMIG’s LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT BMIG, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO BMIG FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 6 SHALL AFFECT BMIG’s LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM BMIG’s NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION 6, BMIG’s LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
You are solely responsible for any damage caused to BMIG, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED BMIG AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. BMIG reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify BMIG. The provisions of this Section 7 shall remain in force after termination of this EULA.
The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and BMIG (or its licensors) may terminate this EULA, at any time, for any reason. Termination by BMIG will be effective upon (a) notice to You or (b) termination of Your BMIG Account (if any) or (c) at the time of BMIG’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
9. CHANGES TO THIS EULA OR TO THE PRODUCT.
BMIG reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on ubi.com. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
BMIG may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that BMIG may stop to support previous versions of the Product upon availability of an updated version. BMIG’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. BMIG also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.
10.1 Export Controls. The Product is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States and foreign agency or authority relating to the Product and Your use of the Product. The Product may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
10.2 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect BMIG’s initial intentions.
10.3 No Waiver. No failure or delay by BMIG (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by BMIG or by the User.
10.4 Law, Jurisdiction and Dispute Resolution.
10.4.1 To the extent permitted by applicable law, this EULA, and any disputes or claims arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any principles of conflicts of laws. This EULA shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this EULA.
10.4.2 BMIG’s goal is to provide you with a neutral and cost-effective means of resolving a dispute quickly. Thus, for any claim related to this EULA where the total amount sought (i) is equal to or more than $10,000 USD, you may, or (ii) is less than $10,000 USD, you must, initiate dispute proceedings by completing the Notice of Dispute Form accessible at https://legal.ubi.com/NoticeOfDispute/en-US . BMIG may offer to settle the claim, provided however that if the dispute is not resolved within 30 days from the date of BMIG’s offer to settle or BMIG’s receipt of the Notice of Dispute Form (whichever is later), you may invoke binding arbitration by filing a separate Demand for Arbitration accessible at https://legal.ubi.com/DemandForArbitration/en-US . A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, in person, by telephone, online, or based solely on written submissions; (b) any in person arbitration will take place in the county in which the city or town you have entered as your residence sits (and if neither is applicable, then the arbitration shall take place in San Francisco County, California); (c) either party may bring a claim in small claims court in lieu of arbitration; (d) the ADR provider may award any form of individual relief; (e) BMIG will pay all costs for non-frivolous claims; (f) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; (g) BMIG may not seek reimbursement of its attorney’s fees in connection with such arbitration; (h) in the event you receive an arbitration award greater than BMIG’s last written settlement offer, BMIG will pay a ten thousand U.S. Dollar ($10,000.00 USD) minimum recovery and twice the amount of your attorney’s fees, (i) claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You hereby agree that for any dispute or claim that is less than $10,000 USD, you waive any right to a trial (by judge or jury), you waive any right to participate as a member of a class in a class action or similar proceeding, and you will abide by the dispute resolution mechanism in this Section.
10.4.3 For any dispute that is equal to or more than $10,000 and is not resolved or arbitrated under Section 10.4.2 of this EULA, it is hereby agreed that any action at law or in equity arising under this EULA shall be finally adjudicated or determined in any court or courts of the State of California, or of the United States of America, in Los Angeles County, California and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by California law.
10.4.4 All claims you bring against BMIG must be resolved in accordance with this Section 10. All claims filed or brought contrary to this Section shall be considered improperly filed and a breach of this EULA. Should either party file a claim contrary to this Section, the other party may recover attorneys’ fees and costs up to ten thousand U.S. Dollars ($10,000.00USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.
How Long We Keep Your Personal Data
We will retain your personal data, whether or not your account is active, for as long as we believe it necessary or desirable to fulfill our business purposes and to comply with applicable law and regulation, audit requirements, regulatory requests or orders from competent courts.
Personal Data collected will be retained pursuant to our record retention policy, and in most instances will not be retained longer than nine (9) years from the date you cease to be an investor in a Black Mountain Investment Group, LLC fund or a separately managed account.
Changes to our Privacy Notice
Any changes we make to our Privacy Notice in the future will be posted on our website and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our Privacy Notice.
Questions, comments and requests regarding this Notice are welcomed and should be addressed to firstname.lastname@example.org.