BayMed Venture Partners

BayMed Terms of Use

Welcome, and thank you for your interest in BayMed Venture Partners (“BayMed,” “we,” or “us”) and our website at www.baymedvp.com (the “Sites”). These Terms of Use are a legally binding contract between you and BayMed regarding your use of the Sites. Please read the following terms carefully before using the Sites. By using the Sites, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including the BayMed Privacy Policy (together, the “Terms”). If you are not eligible, or you do not agree to the Terms, then you do not have our permission to use the Sites.

Eligibility

You must be at least 18 years of age to use the Sites. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; and (b) your use of the Sites is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

Changes to the Terms

We may periodically make changes to these Terms. When we do, we will update the “Last Updated” date noted. It is your responsibility to review the most recent version of these Terms and remain informed of any changes. You agree that your continued use of the Sites after the effective date of any changes will constitute your acceptance of the changed Terms for your continued use. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

Changes to the Sites

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Sites without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites.

Limited License

Subject to these Terms, BayMed grants you a limited, revocable license to access and use the Sites solely for non-commercial purposes to learn more about BayMed products and services. No other use of the Sites is authorized.

Restrictions

You must comply with all applicable laws when using the Sites. Except as may be expressly permitted by applicable law or expressly permitted by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any information or material available on the Sites (“Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Sites or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to the Sites; (d) use the Sites or Site Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Sites; (f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Sites; (g) use the Sites in a manner that threatens the integrity, performance, or availability of the Sites; or (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Sites or Site Content.

Ownership

The Sites are owned and operated by BayMed, Ltd. We or our licensors retain all right, title, and interest in and to the Sites and Site Content and any trademarks, logos, or service marks displayed on the Sites or in Site Content (“Marks”). The Sites, Site Content, and Marks are protected by applicable intellectual property laws and international treaties. Except as expressly authorized by BayMed, you may not make use of the Sites, Site Content, and Marks.

Privacy

Please read the BayMed Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms. By using the Sites, you acknowledge and agree that any information you provide to us (whether or not it is considered personal information) will not be subject to any conditions of confidentiality, non-use or non-disclosure other than those expressly stated within the Privacy Policy.

Links and Third Party Content

The Sites may contain links to third party products, services, and websites. We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.

Additionally, if you follow a link or otherwise navigate away from the Sites, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party websites to which you navigate to from the Sites.

Feedback

BayMed may provide you with a mechanism to provide feedback, suggestions, and ideas about the Sites or us (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide in any way, including in future modifications to the Sites, our products, or services. You hereby grant us an unrestricted, perpetual, worldwide, fully transferable, irrevocable, royalty-free right to exploit the Feedback in any manner for any purpose.

Disclaimer of Warranties

YOUR USE OF THE SITES AND SITE CONTENT IS AT YOUR SOLE RISK. THE SITES AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BAYMED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITES OR SITE CONTENT, AND YOU RELY ON THE SITES AND SITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BAYMED OR THROUGH OR FROM THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. HOWEVER, BAYMED DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT BAYMED IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

Limitation of Liability

BAYMED WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BAYMED HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITES AND SITE CONTENT. UNDER NO CIRCUMSTANCES WILL BAYMED’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES OR SITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnity

You will indemnify and hold BayMed, and affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Sites or Site Content, your violation of these Terms, or your violation of any rights of a third party through use of the Sites or Site Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

General Terms

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and BayMed regarding your use of the Sites. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Legal Notices

These Terms are governed by the laws of the state of California without regard to conflict of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Sites will lie in the state and federal courts located in San Francisco, California, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of BayMed to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by BayMed in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.

Privacy Policy

BayMed Venture Partners (“BayMed,” “we,” “our,” and/or “us”) value the privacy of individuals who use our website. This privacy policy (the “Privacy Policy”) explains how we collect, use, and share information from or about BayMed website users (“Users”) or their devices. By using our website, you agree to the collection, use, disclosure, and procedures this Privacy Policy describes. Beyond the Privacy Policy, your use of our website is also subject to our Terms of Service.

Information We Collect

We may collect a variety of information from or about you or your devices from various sources, as described below.

A. Information You Provide to Us.

Communications. When you communicate with us, we may receive additional information about you. For example, when you communicate with us, we will receive your name, phone number, email address, website address, and other information you choose to provide.

B. Information We Collect When You Use Our Website.

Location Information. When you use our website, if you allow us, we will receive information about your location. We also infer your more general location information (for example, your IP address may indicate your more general geographic region).

Device Information. We receive information about the device and software you use to access our website, including internet protocol (IP) address, web browser type, operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, and push notification tokens.

Usage Information. To help us understand how you use our website and to help us improve it, we receive information about your interactions with our website, like the pages or other content you view and the dates and times of your visits.

Information from Cookies and Similar Technologies. We and third party partners collect information using cookies, pixel tags, or similar technologies. Our third party partners, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time and across different services. Cookies are small text files containing a string of alphanumeric characters. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our website.

Please review your web browser’s “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies from the website, you may not be able to utilize the features of the website to their fullest potential.

How We Use the Information We Collect

We use the information we collect:

To provide, maintain, improve, and enhance our website;
To communicate with you, provide you with updates and other information relating to our website, provide information that you request, or respond to comments and questions;
For marketing purposes, such as developing and providing promotional and advertising materials that may be useful, relevant, valuable or otherwise of interest to you;
To de-identify and aggregate information collected through the website and use it for any lawful purpose.
To find and prevent fraud, and respond to trust and safety issues that may arise;
For compliance purposes, including enforcing our Terms of Service or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and
For other purposes for which we provide specific notice at the time the information is collected.

How We Share the Information We Collect

Affiliates. We may share any information we receive with our corporate affiliates for any of the purposes described in this Privacy Policy.

Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of our website.

Analytics Partners. We use analytics services such as Google Analytics to collect and process certain analytics data. These services may also collect information about your use of other websites, apps, and online resources. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/, and opt-out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

As Required By Law and Similar Disclosures. We may access, preserve, and disclose your information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others’ rights, property, or safety. For the avoidance of doubt, the disclosure of your information may occur if you post any objectionable content on or through the website.

Merger, Sale, or Other Asset Transfers. We may disclose and transfer your information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our business or assets.

Consent. We may also disclose information from or about you or your devices with your permission.

Third Parties

Our Services may contain links to other websites, products, or services that we do not own or operate. We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Policy does not apply to your activities on these third party services or any information you disclose to these third parties. We encourage you to read their privacy policies before providing any information to them.

Security

We make reasonable efforts to protect your information by using physical and electronic safeguards designed to improve the security of the information we maintain. However, as our website is hosted electronically, we can make no guarantees as to the security or privacy of your information.

Children’s Privacy

We do not knowingly collect, maintain, or use personal information from children under 13 years of age, and no part of our website is directed to children. If you learn that a child has provided us with personal information in violation of this Privacy Policy, then you may alert us at info@baymedvp.com.

International Visitors

Our website is hosted in the United States and intended for visitors located within the United States. If you choose to use the website from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the website. By providing any information, including personal information, on or to the website, you consent to such transfer, storage, and processing.

Pose a Question

If you have questions about your privacy on the website or this privacy policy, please contact us at info@baymedvp.com.

Changes to this Privacy Policy

We will post any adjustments to the Privacy Policy on this page, and the revised version will be effective when it is posted. If we materially change the ways in which we use or share personal information previously collected from you through the website, we will notify you through the website, by email, or other communication.

Advisors and Team Members

All advisors and team members have committed to BayMed at closing.

Contact Information

If you have any questions, comments, or concerns about our processing activities, please email us at info@baymedvp.com.

Last Updated: March 2021