By accessing or using this Brahman Capital Corp. ("Brahman Capital") website (the "Site"), you hereby accept and agree to comply with the terms and conditions set forth in this User Agreement. This User Agreement is a binding agreement between you and Brahman Capital, and governs your access and use of the Site, which includes, without limitation, any text, graphics, user interfaces, information, data, tools, products, services, and other content (together, "Content") available on or through the Site. You may contact Brahman Capital by e-mail at IR@bccny.com with questions about the terms and conditions of this User Agreement.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF, AND AGREEMENT TO ABIDE BY, THIS USER AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS USER AGREEMENT, DO NOT USE THE SITE.
1. Brahman Capital grants you a limited right to use the Site.
2. The Site is owned by Brahman Capital, its affiliates, and/or third parties.
3. You make certain representations and warranties regarding your use of the Site.
o you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement;
o you have not, and you will not, enter into any agreement or perform any act which might contravene the purposes and/or effects of this User Agreement; and
o you will not delete any Content.
4. All Content is for informational purposes only.
5. There are various risks you assume in relying on the Content.
6. If Brahman Capital provides you with a password, you must keep your password and certain Content confidential.
7. Brahman Capital is not liable for any technological problems and any impact they may have.
8. Brahman Capital is not responsible for information on any third party website that is referenced in, or accessible or connected by hyperlink to, the Site.
9. Brahman Capital has the right, but not the obligation, to monitor and record activity on the Site and respond as it deems appropriate.
10. BRAHMAN CAPITAL DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE THAT THE LAW ALLOWS IT TO DISCLAIM.
o FITNESS FOR A PARTICULAR PURPOSE, AND
o NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
11. BRAHMAN CAPITAL'S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. You will be responsible for any liability to Brahman Capital that arises out of your breach of this User Agreement or your use of the Site.
o your use of the Site,
o your breach of this User Agreement or any representation, warranty, or covenant made by you in this User Agreement,
o your violation of any applicable law, statute, ordinance, regulation, or of any third party's rights, or
o claims asserted by third parties that, if proven, would place you in breach of representations, warranties, covenants, or other provisions contained in this User Agreement.
13. YOU AGREE TO RESOLVE BY ARBITRATION ANY CONTROVERSY ARISING BETWEEN YOU AND BRAHMAN CAPITAL AND/OR ANY OF OUR RESPECTIVE CONTROL PERSONS, PREDECESSORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND EMPLOYEES.
o Arbitration is final and binding on the parties.
o The parties are waiving their right to seek remedies in court, including the right to jury trial.
o Pre-arbitration discovery is generally more limited than, and different from, court proceedings.
o The arbitrators' award is not required to include factual findings or legal reasoning and any party's right to appeal or to seek modification of rulings by the arbitrators is strictly limited.
o the class certification is denied; or
o the class is decertified; or
o the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this User Agreement except to the extent stated herein.
14. You will be bound by revised versions of this User Agreement that Brahman Capital posts on the Site.
15. You are bound by certain other general conditions.