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Our Criteria & Investment Process

Our Investment Criteria

Battery Point Capital is an investment-oriented family office, formed to make control-oriented buyout investments in established lower middle-market U.S. companies as well as earlier stage, fast growing companies that are not yet profitable.

We prefer to make growth equity investments, both minority and control, in the following company types:

  • Companies in the following sectors: Manufacturing & Distribution, Business Services, Food & Beverage, Software, Technology and IT Services and Digital Media & Advertising.
  • Software Companies: we invest in growing (generally bootstrapped) software companies with developed business models and demonstrated growth potential. We look for a high percentage of recurring revenue, high gross margins, high customer lifetime value (CLV) and low customer churn.  We focus on growth potential rather than company size, but we generally require that a company has achieved product-market fit and has a clear plan to scale.
  • Traditional Companies: for established companies in other sectors (manufacturing & distribution, food & beverage, business services etc.), we seek a minimum $2 million of adjusted EBITDA and $5MM of revenue, but we will also consider fast growing but still unprofitable companies
  • While we prefer a management team prepared to work with us for a period post investment, we do have the ability to staff complete executive management teams in most cases.

Building Sales & Marketing

By far, the leading reason companies raise capital is to invest in sales and marketing. Once product-market fit is established, companies should be focused on building a great sales and marketing process.

In our experience, this requires companies to leverage the most relevant marketing channels and marketing technology in order to scale.  Whether this is executed via outsourcing or by building teams and processes internally is company specific – both approaches work, though we prefer outsourcing.

  • Companies should be building a company-specific sales process supported by strong software platforms that make closing sales, onboarding salespeople and scaling much easier
  • Companies should be building a company-specific marketing process that is measurable, scalable, and focuses on the most important channels and sources of customers
  • Companies should have a very clear idea of their various customer journeys and build a marketing plan that addresses every step of that journey

Sales & Marketing – Frequently Asked Questions

By far, the leading reason companies raise capital is to invest in sales and marketing. Once product-market fit is established, companies should be focused on building a great sales and marketing process.

In our experience, this requires companies to leverage the most relevant marketing channels and marketing technology in order to scale.  Whether this is executed via outsourcing or by building teams and processes internally is company specific – both approaches work, though we prefer outsourcing.

  • Companies should be building a company-specific sales process supported by strong software platforms that make closing sales, onboarding salespeople and scaling much easier
  • Companies should be building a company-specific marketing process that is measurable, scalable, and focuses on the most important channels and sources of customers
  • Companies should have a very clear idea of their various customer journeys and build a marketing plan that addresses every step of that journey

Sales & Marketing – Frequently Asked Questions

Most of the companies we speak to spend far too little on sales and marketing (between 0 and 5%).

Your spend will depend on the opportunity – larger markets with good opportunities and low competition demand a budget of 20% or more of revenue for sales and marketing.

The rule of thumb for established and/or smaller companies ($5mm or less in revenue) is 5-10% of revenue should be allocated to sales and marketing efforts.

For faster growing companies (30% or more YOY growth), it is not uncommon to see budgets of 30-50% of revenue.

  • SaaS companies often spend anywhere from 80 to 120 percent of their revenue on sales and marketing. It then plateaus around 50 percent from year five on.

  • High-growth technology businesses spend 25 to 45 percent of revenues on sales.

  • A new product launch can boost sales and marketing costs to 30 percent for a small business, while the steady state spend is 10 to 20 percent of revenues.

  • High revenue/low margin companies can plot their spend goals against cashflow.

We are major proponents of outsourcing sales & marketing for most of our portfolio companies, at least in the early stages. The complexity and execution risk in the modern go-to-market effort is substantial, and the requisite talent to execute is simply too hard to find.

Even for larger companies with substantial revenue, we have pushed out the horizon on bringing sales and marketing in house.  Better to allocate that capital to professional support, onboarding, training new clients etc.

For marketing to be effective, it needs to be innovative and engaging, so relying on your own staff will only get you so far. Outsourcing connects you with marketing agencies that can stay on top of new technology and trends.

In a perfect world, a company would have a clear idea of how they would allocate the capital we might provide.  The level of detail in your plan will vary by industry, but here are our general views:

  • Have a plan for which positions you will seek to fill over the investment cycle, how you will hire them, what those people are expected to deliver, how you will measure their success, etc.

  • Website should be ready to serve as an assistive platform for your go-to-market efforts and facilitate a robust and rapid customer journey.

  • Have some experience with the basic elements of the sales tech stack and martech stack that are relevant to your go-to-market efforts.

  • Have a firm grasp of your key metrics – CLV, CAC, Churn Rate, etc.

  • Know which marketing channels you plan to invest in, based on direct experience.

  • Have a game plan for investing in a content strategy based on experience and/or reasonable predictions.

  • Be able to discern between your top-of-funnel and bottom-of-funnel marketing efforts and attendant budget need.

  • Have a proven sales process that enables/accelerates the purchase cycle.

In 2020, after countless interviews with external agencies, we decided to create a joint venture with a leading database company and a leading paid media company to deliver services to our portfolio clients. 

We now have substantially more control over the fate of our investments and can deliver best-in-class services to our companies. The specialists working with our clients have decades of marketing experience.

This joint venture is focused on delivering value in the core tasks and marketing channels as we see them – SEO & content marketing, web redesign, email marketing, paid search and social media marketing.

Growing via Acquisition

At Battery Point, we often provide capital for acquisitions and we have extensive career experience in increasing the valuation of a business via M&A driven growth strategies. We are able to help our partners drive value via acquisition through the following advantages and experience:

M&A execution is our core skill. Because acquisitions are our expertise, we often focus on acquisitions to add on to our existing portfolio companies whenever possible. We have extensive in eliminating overlapping costs post acquisition, allowing our portfolio companies to concentrate on growth opportunities.

We understand the need for thorough due diligence & research. We understand that much of our return on investment in an acquisition-based strategy is based on an ability to acquire businesses in the best way possible from the start and to minimize their risk. We are aggressive in sharing our M&A experience with our portfolio companies, providing them substantial help in identifying acquisition targets that fit their criteria.  Prior, we help perform substantial industry and competitor research as well as generate valuation estimates. We can also help our companies identify underperforming businesses that can be improved through better management and proper investment in critical areas.

We are experienced in the upgrade. As soon as an acquisition is completed, we help our partners establish strong financial controls, internal reporting, eliminate unprofitable units, streamline operations, and help management to identify operational inefficiencies. We also know the importance of having excellent software and IT operations and encourage our partners to move quickly to upgrade to the best available solutions that provide enhanced business analytics to support better decision making.

We can help with use of appropriate leverage. We help our partners access debt capital to fund an acquisition strategy, as leverage sets up a much higher internal rate of return (IRR) in the long run while also allowing our companies to consider large, transformative acquisitions.  As important, we understand how to leverage the balance sheet of the target acquisition to close larger acquisitions.

Minority Equity Investments

As a growth equity investor, minority positions are more the rule than an exception, so we are prepared to work with companies to create investment structures that fit best with their objectives.  In fact, we see minority investments as potentially more advantageous than control stakes for the following reasons:

Better investments: Companies selling minority stakes often have more attractive growth prospects, specific expansion plans, and clear roadmaps for investing the capital raised

Confidentiality and reduced execution risk: Sellers often don’t want to publicize their desire to attract a third-party partner and sell a minority stake, fearing adverse publicity and customer fallout if the transaction fails. Unlike the vast majority of control deals, minority deals are typically not consummated through formal auctions.

Competitive advantage for patient capital: Minority stakes usually provide early participation in the growth of companies, and allows us to build relationships with owners rather than simply participating in a public auction. Investing in building relationships with family owners and senior managers takes time and effort, but we have learned that all the calls, meetings, and industry conferences eventually pays off.

 

We do consider a variety of factors and take certain steps when making minority investments:

When they work: Minority ownership interests can work well when the key means of value creation are related to top-line growth and governance. These include facilitating organic or inorganic cross-border growth, professionalizing management teams and processes, enhancing governance, and consolidating fragmented sectors.

When they don’t: Minority investing can become problematic, however, when the investment thesis hinges on activities such as creating value through restructuring, improving operational performance, cost cutting, and supply chain initiatives. In these instances, majority ownership and a hands-on, control-oriented approach are often more appropriate.

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Recruiting Talent

Don’t let business strategy be developed absent a thoughtful conversation on what talent needs you will have over the next months and years to execute on the strategy. In our experience, HR is too often trying to catch up to the staffing needs rather than having a measured plan in place to achieve hiring targets.

We have a process – We can conduct a thorough review of the hiring needs required for scaling

    1. Identify Organization Goals & Requirements
    2. Sourcing And Attracting The Talent
    3. Recruiting And Selecting The Talent.
    4. Employee Retention
    5. Promotion
    6. Performance Appraisal

 

Giving an unbiased view of your current team – We can see things that you cannot and can help identify key positions to be filled

Using our Rolodex – Recruiting specific players from our existing contacts and relationships to fill key posts

Getting your compensation scheme right – we can help create and implement a robust compensation program for your existing and potential C level executives

Evaluating leadership at add-on acquisitions – Due diligence of the C suite talent at potential acquisitions

Scaling the Business

When companies grow, they are increasing their revenue equally as fast as they are adding resources to enable that increase. When companies scale, on the other hand, they add revenue at a faster rate than they take on new costs. When establishing a scaling strategy for your business, you should have the following long-term goals in mind:

  • An established value ladder of products/services
  • Available subscription packages
  • High customer retention rates
  • Diverse income streams
  • Predictable revenue

 

Standardizing your processes: Scaling requires you to move beyond the start-up phase and standardize workflows so that they’re able to cope with increased market demands.  Leveraging technologies and full-suite solutions (i.e. QuickBooks) can help business owners grow their company while saving time and keeping upfront costs low.

Aside from automation, standardizing your business processes is another essential element of scaling. When you bring in new team leaders and middle managers, you must document and distribute a clear set of instructions to the personnel responsible for handling a certain activity.  These instructions should be repeated regularly and will ultimately convert an otherwise complex task into a structured regimen. Whenever confusion arises within the team, they can refer to the process checklist rather than you.

Identifying core competencies: To operate at scale, business leaders need to concentrate on mastering the company’s core competencies. For example, in every company, there are daily or weekly tasks that generate more leads and greater revenue than others. These are the tasks that must be prioritized on your business’s schedule, as they are the ones that stimulate growth.  Knowing how to scale a business begins with being able to identify where you offer the most value to clients and customers and aggressively ramping up those specific operations. We can offer a fresh perspective and key insights in this regard.

Leveraging equity: To execute your plan, you need funding to leverage and complement your equity capital. We have extensive experience in securing funding for small businesses, some that are standard, some that are new to the market – traditional term loans, short-term loans, business lines of credit, SBA loans, invoice financing, recurring revenue loans (based on MRR or ARR), etc.

Our Privacy Policy

Last updated: July 30, 2021 This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Battery Point Capital LLC, 5050 SE Burning Tree Circle.
  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
  • Country refers to: Florida, United States
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Personal Data is any information that relates to an identified or identifiable individual.
  • Service refers to the Website.
  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • Website refers to Battery Point Capital, accessible from www.batterypointcapital.com
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Usage Data

Usage Data

Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
  • Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available here.
  • Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies here: All About Cookies by TermsFeed. We use both Session and Persistent Cookies for the purposes set out below:

  • Necessary / Essential Cookies Type: Session Cookies Administered by: Us Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
  • Cookies Policy / Notice Acceptance Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
  • Functionality Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.
  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
  • To manage Your requests: To attend and manage Your requests to Us.
  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
  • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
  • With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children’s Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

  • By email: team@batterypointcapital.co

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Terms and Conditions

Last updated: June 30, 2021

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Florida, United States
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Battery Point Capital, Delray Beach, FL.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. 
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Battery Point Capital, accessible from www.batterypointcapital.co
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: team@batterypointcapital.co

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