Granite Bridge Partners LLC and its affiliates (collectively, “Granite Bridge,” “we,” or “us”) want you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect through:
Our website currently located at www.granitebridge.com and any other websites operated by us from which you are accessing this Privacy Policy (the “Websites”);
Our social media page located at https://www.linkedin.com/company/granitebridge/ (our “Social Media Page”);
HTML-formatted email messages that we send to you that link to this Privacy Policy or other communications with you; and
Offline business interactions you have with us.
Collectively, we refer to the Websites, Social Media Page, emails and offline business interactions as the “Services.”
PERSONAL INFORMATION
“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. The Services collect Personal Information, including:
Name
Postal address (including billing and shipping addresses)
Telephone number
Email address
Tax identification number or social security number
Banking or brokerage account number
Other financial information
Proof of identification, proof of residence and other verification documents
IP address (we may also derive your approximate location from your IP address)
How do we collect Personal Information?
We and our service providers collect Personal Information in a variety of ways, including:
Through the Services.
We collect Personal Information through the Services, for example, when you contact us via email, one of our online contact forms or mail, over the phone or in person.
From Other Sources.
We receive your Personal Information from other sources, for example:
Market intelligence databases or platforms
Events or conferences that you attend
We need to collect Personal Information in order to provide the requested Services to you. If you do not provide the information requested, we may not be able to provide the Services.
How do we use Personal Information?
We and our service providers use Personal Information for the following purposes:
Providing the functionality of the Services and fulfilling your requests.
To provide the Services’ functionality to you, such as arranging access to your account hosted by PEF Services LLC, and providing you with related service.
To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments or complaints, or when you request information about our Services.
To complete your transactions, verify your information, and provide you with related service.
To send administrative information to you, such as changes to our terms, conditions, and policies.
Providing you with electronic communications and/or other marketing materials and facilitating social sharing.
To send you marketing-related emails, with information about our services and other news about our company.
To facilitate social sharing functionality that you choose to use.
Analyzing Personal Information for business reporting and providing personalized services.
To analyze or predict our users’ preferences, so we can improve our Services.
To better understand your interests and preferences, so that we can personalize our interactions with you and provide you with information tailored to your interests.
To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you.
Aggregating and/or anonymizing Personal Information.
We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies you or any other individual.
Accomplishing our business purposes.
For data analysis, for example, to improve the efficiency of our Services;
For audits, to verify that our internal processes function as intended and to address legal, regulatory, or contractual requirements;
For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;
For developing new products and services;
For enhancing, improving, repairing, maintaining, or modifying our current products and services, as well as undertaking quality and safety assurance measures;
For identifying usage trends, for example, understanding which parts of our Services are of most interest to users;
For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and
For operating and expanding our business activities, for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests.
When do we disclose Personal Information?
We disclose Personal Information:
To our affiliates and portfolio companies for the purposes described in this Privacy Policy.
To our third party service providers, to facilitate services they provide to us.
These can include providers of services such as fund administration, information technology and related infrastructure provision, email delivery, website hosting, market research, accounting, tax, legal, auditing, insurance, payment processing and other services.
By using the Services, you may elect to disclose Personal Information.
On services to which you are able to post information and content (including, without limitation, our Social Media Pages). Please note that any information you post or disclose through these services will become public and may be available to other users and the general public.
Other Uses and Disclosures
We also use and disclose your Personal Information as necessary or appropriate, in particular when we have a legal obligation to do so:
To comply with applicable law and regulations.
This may include laws outside your country of residence.
To cooperate with public and government authorities.
To respond to a request or to provide information we believe is necessary or appropriate.
These can include authorities outside your country of residence.
To cooperate with law enforcement.
For example, when we respond to law enforcement requests and orders or provide information we believe is important.
For other legal reasons.
To enforce our terms and conditions; and
To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
In connection with a sale or business transaction.
We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
OTHER INFORMATION
“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. The Services collect Other Information such as:
Browser and device information
App usage data
Information collected through cookies, pixel tags and other technologies
Demographic information and other information provided by you that does not reveal your specific identity
Information that has been aggregated in a manner such that it no longer reveals your specific identity
How do we collect Other Information?
We and our service providers may collect Other Information in a variety of ways, including:
Your browser or device.
Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services you are using. We use this information to ensure that the Services function properly.
Cookies.
Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. We also gather statistical information about use of the Services in order to continually improve their design and functionality, understand how they are used, and assist us with resolving questions regarding them. We do not currently respond to browser do-not-track signals. If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services.
Pixel tags and other similar technologies.
Pixel tags. Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates.
Analytics. We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
Adobe Flash technology (including Flash Local Shared Objects (“Flash LSOs”)) and other similar technologies.
We may use Flash LSOs and other technologies to, among other things, collect and store information about your use of the Services. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also go to the Global Storage Settings Panel and follow the instructions (which may explain, for example, how to delete existing Flash LSOs (referred to as “information”), how to prevent Flash LSOs from being placed on your computer without your being asked, and how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications.
Physical Location.
We may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you do, we may not be able to provide you with the applicable personalized services and content.
How do we use and disclose Other Information?
We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Policy. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.
SECURITY
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.
CHOICES AND ACCESS
What are your choices regarding our use and disclosure of your Personal Information?
We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt out from:
(1) Receiving marketing-related emails from us. If you no longer want to receive marketing related emails from us on a going-forward basis, you may opt out by clicking the email footer link to unsubscribe or by sending an email with the subject “Unsubscribe” to info@granitebridge.com.
(2) Our sharing of your Personal Information with affiliates for their direct marketing purposes. If you would prefer that we discontinue sharing your Personal Information on a going-forward basis with our affiliates for their direct marketing purposes, you may opt out of this sharing by sending an email with the subject “Opt-out of sharing with affiliates” to info@granitebridge.com.
We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt out.
THIRD PARTY SERVICES
This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.
In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as LinkedIn, including with respect to any Personal Information you disclose to other organizations through or in connection with our Social Media Pages.
USE OF SERVICES BY MINORS
The Services are not directed to individuals under the age of eighteen (18), and we do not knowingly collect Personal Information from individuals under 18.
JURISDICTION AND CROSS-BORDER TRANSFER
Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.
UPDATES TO THIS PRIVACY POLICY
The “Last Updated” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services.
CONTACTING US
Granite Bridge Partners LLC, located at 420 Lexington Avenue, Suite 920 New York, NY 10170, is the company responsible for collection, use, and disclosure of your Personal Information under this Privacy Policy.
If you have any questions about this Privacy Policy, please contact us at info@granitebridge.com, or:
420 Lexington Avenue
Suite 920
New York, NY 10170
Because email communications are not always secure, please do not include financial account numbers or other sensitive information in your emails to us.
Please read these Terms of Service (the “Agreement”) carefully. Your use of the Site (as defined below) constitutes your consent to this Agreement.
This Agreement is between you and Granite Bridge Partners LLC (“Granite Bridge” or “we” or “us”) concerning your use of (including any access to) our site currently located at www.granitebridge.com, and any other sites operated by us from which you are accessing this Agreement (together with any materials and services available therein, and successor site(s) thereto, the “Site”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Granite Bridge through the Site, or otherwise made available to you by Granite Bridge.
By using the Site, you affirm that you are of legal age to enter into this Agreement.
If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Site and to any such Organization.
1. Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
2. Information Submitted Through the Site. Your submission of information through the Site is governed by Granite Bridge’s Privacy Policy, located at https://granitebridge.com/privacy-policy-and-terms-of-use (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.
3. Jurisdictional Issues. The Site is controlled or operated (or both) from the United States, and is not intended to subject Granite Bridge to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
4. Rules of Conduct. In connection with the Site, you must not:
Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.
Harvest or collect information about users of the Site.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Site.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without Granite Bridge’s express prior written consent.
Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark or other proprietary rights notice from the Site.
Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Granite Bridge’s express prior written consent.
Systematically download and store Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without Granite Bridge’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Granite Bridge grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Granite Bridge reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site.
5. Services; Disclaimer. The Site may make available certain services and certain information, data, materials, references, links and descriptions relating thereto (collectively, “Services”). We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of any Service. The Services are subject to change at any time without notice. Any reliance that you place on any Service is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on any Service by you, by any other user of the Site, or by any third party (including anyone who may learn of any Service).
Granite Bridge is registered with the Securities and Exchange Commission as an investment adviser under the Investment Advisers Act of 1940, as amended. Registration as an investment advisor does not imply any level of skill or training. All information contained on the Site is for informational purposes and should not be construed as investment advice. The information provided on the Site, including any information regarding Granite Bridge’s portfolio investments, is not intended to recommend any investment and is not an offer or sale of any security or investment product or investment advice. Granite Bridge provides investment advisory services to the privately offered Granite Bridge funds. Granite Bridge does not solicit or make its services available to the public or other advisory clients for purposes of investment in the Granite Bridge funds.
The Site was prepared for informational purposes only and should not be construed as legal, tax, investment or other advice. Nothing on the Site constitutes an offer to sell, or a solicitation of an offer to buy, any interest in any fund managed by Granite Bridge or any other security. Any such offer will be made only to qualified investors, only by means of a confidential offering memorandum, and only in those jurisdictions where permitted by law. Consult your own attorney, business advisor and tax advisor as to legal, business and tax advice. The information contained on the Site does not purport to be complete, is qualified in its entirety by the applicable fund documentation, and is subject to change without notice. All investments involve risk, including the loss of principal. Past performance is no guarantee of future results.
It should not be assumed that all investments identified and described on the Site were or will be profitable. The characteristics of any particular Granite Bridge portfolio company, including future portfolio companies, and Granite Bridge’s strategy with respect to any such portfolio companies, may differ materially from the portfolio company characteristics and strategies described on the Site. There can be no assurance that historical trends will continue during the life of any investment.
6. User Names and Passwords; Investor Portal. You may need to register to use part of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Granite Bridge, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Site account.
The Site may make available access to an investor portal for certain users. By accessing or using any such investor portal, you represent and warrant that you are authorized to do so with respect to the applicable customer account, and, if applicable, that you meet any other eligibility criteria for such access and use. Any such investor portal, including any materials, products or services accessible through such investor portal, may be subject to additional terms and conditions between you and Granite Bridge (collectively, “Investor Terms”). In the event of any conflict between this Agreement and the Investor Terms, the Investor Terms will control with respect to their subject matter.
7. Feedback. If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Feedback, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). In addition, you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Granite Bridge under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that any Feedback is not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Feedback that you may have under any applicable law under any legal theory.
8. Monitoring. We may (but have no obligation to) monitor, evaluate, analyze, alter, block or remove any materials before or after they appear on the Site, or analyze your access to or use of the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
9. Your Limited Rights. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Granite Bridge to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.
10. Granite Bridge’s Proprietary Rights. We and our suppliers own the Site, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include GRANITE BRIDGE and GRANITE BRIDGE PARTNERS and any associated logos. All trade names, trademarks, service marks and logos on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
11. Third Party Materials; Links. Certain Site functionality may make available access to information, products, services and other materials made available by third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Granite Bridge with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Site at any time. In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
12. Disclaimer of Warranties. To the fullest extent permitted under applicable law: (a) the Site and any Services and Third Party Materials are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) Granite Bridge disclaims all warranties with respect to the Site and any Services and Third Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made on behalf of both Granite Bridge and its affiliates and their respective shareholders, members, partners, directors, managers, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Affiliated Entities”), and their respective successors and assigns.
While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any such alteration, contact us at info@granitebridge.com with a description of such alteration and its location on the Site.
13. Limitation of Liability. To the fullest extent permitted under applicable law: (a) Granite Bridge will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of transmissions (including unauthorized interception by third parties of any transmission), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, Granite Bridge will not be liable for damages of any kind resulting from your use of or inability to use the Site or from any Services or Third Party Materials, including from any Virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the Site or any Services or Third Party Materials is to stop using the Site; and (d) the maximum aggregate liability of Granite Bridge for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of (A) the total amount, if any, paid by you to Granite Bridge solely for the right to use the Site, and (B) ten U.S. Dollars ($10.00). All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made on behalf of both Granite Bridge and the Affiliated Entities, and their respective successors and assigns.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
14. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Granite Bridge and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Site (including any Feedback); and (b) any violation or alleged violation of this Agreement by you.
15. Termination. This Agreement is effective until terminated. Granite Bridge may terminate or suspend your use of the Site at any time and without prior notice, for any or no reason, including if Granite Bridge believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and Granite Bridge may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 1–8 and 10–20 shall survive any expiration or termination of this Agreement.
16. Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Company and you are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.
You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
17. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Granite Bridge does not endorse any of the products or services listed on such site.
18. Information or Complaints. If you have a question or complaint regarding the Site, please send an e-mail to info@granitebridge.com. You may also contact us by writing to 420 Lexington Avenue, Suite 920, New York, NY 10170, or by calling us at 646-599-9900. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
19. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Granite Bridge a written notice by mail, e-mail or fax, requesting that Granite Bridge remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Granite Bridge a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Copyright Agent as follows: By mail to Granite Bridge Partners LLC, 420 Lexington Avenue, Suite 920, New York, NY 10170; or by e-mail to info@granitebridge.com. Copyright Agent’s phone number is 646-599-9900. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
20. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Granite Bridge. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” Nothing in this Agreement supersedes any Investor Terms. Without limiting the Investor Terms, this Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Granite Bridge relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Granite Bridge relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, 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. Granite Bridge will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.