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Effective: September 2008
The Web Site may provide, or third parties may provide, links to other web sites or resources on the Internet. Because BRES has no control over such sites and resources, you acknowledge and agree that BRES is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such web sites or resources. You further acknowledge and agree that BRES shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such Content, goods or services available on or through any such web site or resource.
BRES uses reasonable efforts to maintain the Web Site, but BRES is not responsible for any defects or failures associated with the Web Site or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, BRES makes no guarantees as to the web sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Web Site, including as to the accuracy, content or quality of any such web sites and information.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BRES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE WEB SITE. IN NO EVENT SHALL BRES'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless BRES, its officers, directors, members, shareholders, employees, affiliates and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys' fees, costs and expenses, arising out of or in any way connected with your access to or use of the Web Site.
This Web Site is for informational purposes only. Any information contained herein is neither an offer to sell nor a solicitation to buy securities of BRES. Interested investors should contact their respective financial representative or BRES Funds for more information on how to invest. Investors are cautioned that any past financial performance information set forth on the Web Site is not necessarily indicative of, and has no bearing on, any future results or performance.
INFORMATION ON THE WEB SITE MAY INCLUDE "FORWARD-LOOKING STATEMENTS" WHICH ARE BASED ON BRES'S BELIEFS, AS WELL AS A NUMBER OF ASSUMPTIONS CONCERNING FUTURE EVENTS, MADE BY BRES AS A RESULT OF INFORMATION CURRENTLY AVAILABLE. SUCH STATEMENTS ARE NOT A GUARANTEE OF PERFORMANCE AND ARE SUBJECT TO A NUMBER OF UNCERTAINTIES AND OTHER FACTORS, MANY OF WHICH ARE OUTSIDE BRES'S CONTROL, THAT COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM SUCH STATEMENTS. BRES DISCLAIMS ANY INTENTION OR OBLIGATION TO UPDATE OR REVISE ANY FORWARD-LOOKING STATEMENTS ON THE WEB SITE, WHETHER AS A RESULT OF NEW INFORMATION, FUTURE EVENTS OR OTHERWISE.
Termination and Modification
Governing Law and Other Miscellaneous Terms
Copyright and Copyright Notices
BRES respects the intellectual property of others, and we ask the users of the Web Site to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BRES's Copyright Agent the following information:
• an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Web Site;
• your address, telephone number, and email address;
• a 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; and
• 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.
Please contact BRES's Copyright Agent for Notice of Claims of copyright infringement at: firstname.lastname@example.org.