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Brian Keane

Linkedin

BS, Cornell University
MBA Harvard University

In addition to being a senior advisor at Battery Point Capital, Brian co-founded Seabrook Partners in January 2011. Prior to Seabrook Partners, he spent five years as a Managing Director and National Head of the Capital Strategies Group at Citigroup and then Morgan Stanley following the sale of Smith Barney by Citigroup to Morgan Stanley. The Capital Strategies Group provided M&A services to middle-market companies in the U.S. During the five years Brian ran the Group, it completed more than 110 transactions with aggregate value exceeding $3 billion.

Brian spent three years at Aether Systems, first as Executive Vice President, Corporate Development and later as President, Enterprise Solutions Division, Aether’s largest operating division. Brian was instrumental in transforming Aether from a 20-person private company with an annual revenue run rate of $1 million into one of the leading wireless data companies in the world with annual revenues in excess of $100 million. He was responsible for managing the company’s acquisitions, joint ventures and public equity and debt offerings.

Brian ran the East Coast Technology Group at Smith Barney in New York where he worked from 1988-1998. Brian began his investment banking career at E.F. Hutton in 1986 and later worked for Robertson, Colman & Stephens in San Francisco.

Timothy Shea

Linkedin

BA, Rutgers University
JD, Georgetown University 

At Battery Point Capital (BPC), Tim specializes in analyzing company and brand positioning, go-to-market strategies, and digital marketing/sales enablement for all BPC portfolio companies. He also oversees our joint venture with The Inforefinery, a leading lead generation firm.

Tim has over 25 years experience in the public and private capital markets, investment banking and asset management.  As an investment banker and capital markets specialist, he has raised more than $10 billion of debt and equity capital for companies in the retail, utility, energy, manufacturing and technology industries.  

While a capital markets specialist at Chase, Merrill Lynch, and ABN Amro, Tim specialized in corporate finance advisory, rating agency advisory and capital structure optimization for large public companies like Walmart, International Paper, General Motors, and General Electric.  As an adviser at Citigroup, Morgan Stanley and Wells Fargo, Tim advised entrepreneurs on growing, improving and selling their businesses.  

Jay Wright

Linkedin

BS, Georgetown (summa cum laude)
JD, University of Chicago

Jay Wright has over twenty years of experience in finance and public markets. As the Chairman, Chief Executive Officer or Chief Financial Officer of three public companies over the past eleven years, he has structured numerous private and public financing transactions. He also served as Chief Financial Officer for TAMSCO, a privately held government contractor, which he helped sell for $83.5 million in 2003, and was a founding shareholder of Chesapeake Government Technologies, which was acquired by Widepoint Corporation (Amex: WYY) in 2004. He has expertise in all aspects of structuring private placements and in creating exits via mergers and acquisitions and open market sales.

Previously, Mr. Wright worked as an investment banker with Merrill Lynch in New York and a mergers and acquisitions lawyer with Foley & Lardner in Chicago and Skadden, Arps in New York. Mr. Wright received his law degree from the University of Chicago Law School and his Bachelor’s degree in Business Administration from Georgetown University, summa cum laude, where he also serves as an adjunct finance professor. Mr. Wright is a member of the Illinois state bar and is Series 7, 24 and Series 66 qualified. Mr. Wright is the co-author of Finance and Accounting for Nonfinancial Managers, Sixth Edition (Perseus Books, 2010).

Kevin Singer

Linkedin

U Pennsylvania, MBA, (honors)
Michigan, BS, (cum laude)

Kevin has over 30 years of investment banking experience.  Kevin has worked on a broad range of M&A and corporate finance transactions, both domestic and cross-border, including leveraged buyouts, acquisitions, divestitures, initial public offerings, high yield financing transactions and private capital raises. 

As an investment banker at Salomon Brothers, Merrill Lynch and Bank of America, Kevin’s clients have included corporations, boards of directors, private equity firms and individual owners.  Kevin’s transactions have spanned a large range of industries, including packaging, consumer products, transportation, oil and gas, renewable energy and health care. 

Representative clients include International Paper, Sealed Air, Chesapeake, Grief Industries, Kennametal, Plastipack, MeadWestvaco, AGCO, True Brew, Spear Power Systems, H2Bev, Shorty’s, and Saratoga Chips.

Our Experience

Our Process & Resources

Venture Marketing

For growing companies that are light on cash and strong on promise. Skip the capital raise and start growing now.

Through our in-house marketing platform, Scale Partners, we offer a solution for early stage companies.

  • No capital needed
  • Forget lead gen, it’s demand gen
  • Initiate and scale your go-to-market immediately

Visit Scale Partners

FAQs
Calculate Your ROI
Submit Application
Sample Agreement
  • Execute go-to-market w/o capital raise
  • No change to existing equity
  • Experienced marketing team
  • Flexible marketing agreement
  • Ability to purchase any content from Scale Partners for use on your own website

Who should apply – The Company must be generating revenue, have an established product/service with a short list of satisfied clients (product-market fit), and the capacity to grow (solid onboarding and CX).

Venture Marketing: What is it?

  • The purpose of venture marketing is to provide early-stage or small companies, with little investment capital, access to an outsourced marketing team to get through the initial stages of go-to-market and revenue build.
  • The concept is straightforward – the Scale team creates their own marketing platform/website, builds it’s own databases, conducts it’s own direct marketing, and receives a commission for each sale.
  • There is a shadow equity component. It is structured as a Commission Buyout Fee.  Specifically, the company will have the option to buyout the contract at any time but must pay a termination fee to the reseller if/when the Company seeks to bring marketing in house, sell the Company etc. If the partnership works well, our termination fee grows as we increase our sales.

Overview of rights and duties of each party:

Reseller Rights/Obligations

  • We agree to a minimum commitment period of 3 months
  • We can build a separate website & develop messaging (available for sale to Company)
  • We have the right to use any existing content
  • We can create content (available for sale to Company)
  • We can email to our database of proprietary leads
  • We can conduct our own paid media marketing
  • We have the right to terminate contract (30 days notice) at anytime after the 3 month commitment period

Company Rights/Obligations

  • Company is obligated to update us on client wins and begin paying commissions within 30 days of receiving payment from referral
  • Company has right to purchase copy of site and content for a an agreed upon (stated in the contract) amount at anytime during the contract period and after the contract expires. 
  • The Company has the right to address any factual errors in site and email content

Process

  • Education process – Company conducts full marketing due diligence with our team
  • All lead flow will be captured in our CRM system and be passed to Company
  • Leads can be subject to initial level of qualification (which can result in a higher commission rate)
  • Meetings will be set up in Company sales calendar for Company sales team
  • We will have access to the Company’s CRM system to track wins, close rates etc.

Calculate Your Venture Marketing ROI

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Reseller Calculation Compact

Assumptions

Yearly Results

$
50
50
25
3
3
$
$
$
$
$
$
$
$

FAQs

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General

How do you determine the % commission?

The general reseller commission rates in the market can range dramatically, from as low as 5% to as much as 50%. We look at your revenue model, pricing structure, the lifetime value of the contracts, your close rate history, etc.  

Why would Scale Partners elect to cancel?

We have the right to cancel the contract at anytime after the 3 month commitment period. Generally, if either 1) the close rates are low or 2) the response to our efforts is low (low traffic to our site, low content engagement etc.), we won’t continue our marketing efforts. Prior to terminating our efforts, we always work with the client to improve what we can before terminating our efforts.

How does the termination fee work?

The termination fee is designed to reward us for taking on a marketing commitment without any (or minimal) upfront fees.  We designed it to be a proxy equity stake. It isn’t actually equity and isn’t reflected as such on your cap table.

In a perfect world, we expect the termination fee to be relevant in only two situations – the company is purchased or the Company decides to move all selling and marketing efforts in-house.

Should you decide to hire your own marketing team at some point, you can end the contract and either pay us the entire termination fee at once, or simply allow us to collect commissions on the clients we produced for the next X years, the X being the termination multiple.

Process Questions

How long does it take to get started?

In our experience, it can take anywhere between two weeks and two months to get a marketing website launched and ready for conducting campaigns.  This is really a function of the complexity of the product or service and the amount of content creation that is available from the Company at the outset.

What kind of time commitment can I expect?

We designed this program to require a minimum amount of your time prior to execution.  Too many marketing companies foist a new and heavy marketing burden onto companies that simply don’t have the staff and experience to participate. There is a reasonable amount of due diligence that will be required upfront so that we can understand the Company and the content we will need to produce.

If the program works well, clearly we expect the Company to reinvest some of the new revenue and profits into a better marketing and closing effort. This  could be more of their own content ideas, better UX or CX software etc.

How does the lead hand off work?

At the start, we will discuss the right CRM system to use, if you don’t have one. Most CRMs have an API that would allow us to easily pass leads into your CRM system that you can then run through your own selling and onboarding process.

If you don’t have one, we will set one up for you but we will charge a nominal set up fee, depending on which CRM system you choose.

Offices in
New York, NY
Delray Beach, FL
Miami, FL
Potomac, MD
 
Privacy Policy
Terms & Conditions

Looking to scale your go-to-market effort?

Visit Scale Partners

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Interested in revenue share marketing?
Ready to start your outbound strategy?
Looking to syndicate your content (lists)?

Download a Copy to Review

Overview of the Agreement

  • Scale Partners (“marketing agent”) will produce and host a separate website (“marketing website”) for the purpose of generating leads for the Company. The marketing website will be based on the existing site for the Company.
  • The purpose of the marketing website will be to generate leads for the Company in an independent effort by the marketing agent.
  • These leads will be passed on to the Company via their CRM system. The marketing agent can monitor the progress of the lead closing rates by accessing the CRM system, and the Company will have access to monthly traffic reports of the marketing website.
  • The marketing firm will be paid a portion of all revenue that comes from the lead for the life of that contract. The Company can terminate this commission agreement by paying a commission termination fee, described herein.
  • The marketing agent will be subject to minimum website traffic requirements and will produce reports for the Company to confirm these minimum requirements.
  • The Company can purchase content and website features from the marketing agent subject to the schedule contained herein.

 

Marketing Agent’s Right to Create New Content/Marketing Website: The marketing agent will have sole discretion over the content and structure of the marketing website, with the exception of correcting factual information at the request of the Company.

Marketing Agent’s Right to Use Existing Content: The marketing agent will have the right to publish (on the marketing website) and distribute (via email and social media) any existing content (text, articles, videos, etc.) from the Company’s current website.

Referral Commission: Once a lead becomes a customer of the Company, ____% of all revenue that is paid by that customer to the Company is to be paid to the marketing agent within 30 days of the Company receiving that revenue.

Commission Termination Fee: If the Company elects to terminate the contract and the marketing agent is currently generating commissions at the time of the Company’s election to terminate the contract, the Company is required to pay a multiple of  ____ times the annual run rate of the current months commissions due to the marketing agent.  Example: If the current month’s commissions due are $10,000 then the annual run rate of commissions is $120,000.

Lead Hand Off:  The Company will be required to maintain their own CRM system to provide information on all leads passed by the marketing agent. Leads that are generated through the marketing agent’s efforts will be passed to the Company via the Company’s CRM system. The marketing agent will have access to this CRM system on a “read only” basis, which will provide the marketing agent with the ability to monitor close rates, win rates etc.

Company’s Ability to Purchase Content, Tools/Entire Marketing Website: The Company will have the ability to purchase any content and website pages/features produced by the marketing agent for the website and for campaigns, according the pricing schedule contained in this agreement. The Company will also have the right to purchase the marketing website and all content and analytics at any time during the life of the contract or after the termination of the contract, according to the price in the schedule. The marketing agent has the right to negotiate prices for any content, tools and the entire website, but there will be a stated price that the Company can pay for any content, tools and the entire site.

Content and Website Purchase Schedule:

___ cents per page for written content (articles, blog items etc.)

___ dollars for the entire website and content*

*Any tools, plug-ins, features that require a subscription will be assumed/paid for by the Company.

Notice – Enforcement of Marketing Agent’s IP Rights in Content: Marketing agent will use anti-plagiarism software to measure the level of similarity between our new content and the Company’s content. We will use plagiarism software to compare our content to the Company’s website content.

Exclusivity: The marketing agent will not conduct lead generation activities for any other company that is considered a direct competitor of the Company unless and until this contract is terminated. A direct competitor is any other company selling ________products or services.  The Company can conduct any marketing efforts on its own behalf and generate its own leads, and these leads will not be subject to the fee agreement contained herein. However, the Company will not engage any other lead generation company during the life of this contract so long as the minimum milestones contained herein have been met in the last two months.

Obligations of Confidentiality: Both parties agree to keep each other’s confidential information confidential. This means that they cannot disclose the information to any third parties without the written consent of the other party.

Renegotiation: Either party may request to renegotiate the terms of this Agreement at any time upon 30 days’ written notice to the other party. The parties shall use their best efforts to negotiate in good faith to reach a mutually agreeable amendment to this Agreement.

Google Analytics Reports: The marketing agent will provide the Company, on a monthly basis, a report on all website activity related to the marketing website.  This report will include basic traffic statistics as provided by Google Analytics.

Termination Rights of Agreement: The parties can jointly agree to terminate this agreement at any time. Either party may individually terminate this agreement upon 30 days’ written notice to the other party, subject to the following limitations:

  • Minimum 90 day marketing commitment: The marketing agent will engage in lead generation efforts for a minimum of 90 days and will meet the minimum marketing effort milestones during this period..
  • One year commitment from Company: The Company can unilaterally terminate this agreement at any time either 1) after one year has passed since the inception of marketing efforts (defied as the first campaign that contains at least 500 marketing contacts) or 2) the minimum marketing milestones haven’t been met for at least two months in succession


Minimum marketing milestones: The following marketing milestones must be met by the marketing agent each month that the contract is in existence:

____ email campaigns per month

____ website visitors per month

These milestones will be confirmed via Google Analytics (or similar software) reports from the marketing agent, and this report will be provided to the Company within 15 days after each month.

Reach out and start a conversation with our team.

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

.

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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