Brandywine Financial Services Companies

ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEB SITE. USING THE WEB SITE MEANS THAT YOU ACCEPT THESE TERMS AND CONDITIONS.

These Terms and Conditions provide important information concerning your use of the Web Site. The Brandywine Companies, LLC, its subsidiaries and affiliates (collectively, the “Brandywine Companies”) make the Web Site available to you for your information and as background for the products and services of the Brandywine Companies. Your use of the Web Site is subject to the terms and conditions set forth below.

  1. TERMS OF USE. Each of the Brandywine Companies are licensed to use the names Brandywine and/or Brandywine Financial and related logos. Each of the Brandywine Companies is a separate legal entity and no legal or financial relationship is to be implied between or among any entities on the Web Site within the Brandywine Companies or such other entities. By accessing the information through the Web site made available at http://www.brandywine-financial.com, http://www.brandywinecompanies.com and related web pages (“Web Site”), you agree on behalf of yourself, and any and all persons, companies and legal entities (“your principals”) that you represent, if any, and any and all employees and agents thereof (collectively, “you” and “your”) that you have read and agree to use the Web Site in accordance with these Web Site Terms and Conditions (“Terms and Conditions”). Your continued use of the Web Site means that you agree that these Terms and Conditions legally bind you in the same manner that a signed, written, non-electronic contract does. You should not use the Web Site in any manner or attempt to access the Web Site if you are not willing to be bound and abide by these Terms and Conditions. Your continued use of the Web Site also means that you represent and warrant that you are able to enter into legally binding contracts and that you are authorized by your principals to (i) use the Web Site; and (ii) to agree to these Terms and Conditions as a legally binding contract on behalf of you and your company (or legal entity, as applicable).

  2. LICENSE TO THE CONTENT. The Brandywine Companies grants you a limited, nonexclusive, nontransferable license during the Term (defined below) to access the Web Site solely to display the Content for informational purposes only and to print and/or save copies of the Content with or on your personal computer, solely for your use in obtaining information regarding the Brandywine Companies. Any other use of the Content or the Web Site is expressly prohibited. All other rights in the Content and the Web Site are reserved by the Brandywine Companies and its licensors. The Brandywine Companies reserves all rights in the Web Site and you agree these Terms and Conditions do not grant you any rights in or licenses to the Web Site, except for this express, limited license. You will not otherwise copy, transmit, distribute, sell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another Web Site, or in any other way exploit any of the Content or any other part of the Web Site or any derivative works thereof, in whole or in part for commercial or non-commercial purposes without the express prior written permission of The Brandywine Companies. Without limiting the foregoing, you will not frame or display the Web Site (or any part of the Web Site) as part of any Web Site or any other work of authorship without the express prior written permission of the Brandywine Companies.

  3. NO INVESTMENT ADVICE OR RECOMMENDATIONS. The Web Site and the content herein are provided for information and educational purposes only. None of the information provided through the Web Site constitutes investment, legal or tax advice.

  4. JURISDICTIONAL ISSUES. The services described and the information provided through the Web Site are directed to and intended to be made available only to persons residing in the United States, and are not intended for distribution to, or use by, any person in any other country or any other jurisdiction where such distribution or use would be contrary to law or regulation, or that would subject the Brandywine Companies or any of its affiliated persons to any registration requirement within such jurisdiction or country.

  5. SERVICES. The information regarding the Brandywine Companies provided on the Web Site may change at any time. Although the Brandywine Companies has tried to provide accurate and timely information on the Web Site, please be aware that the Web Site (including without limitation the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. Accordingly, you should verify all information before relying on it, and all decisions based on information contained in the Web Site are your sole responsibility and the Brandywine Companies shall have no liability for such decisions. If you need specific details about any information contained in our Web Site, you should contact the Brandywine Companies as provided in the “Contact Us” section of the Web Site.

  6. USE RESTRICTIONS. As a condition of your use of the Web Site, you represent and warrant that you shall not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You will not submit any false, misleading or inaccurate information to the Web Site. You will abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all of your acts or omissions that occur while you use the Web Site.

  7. THIRD-PARTY CONTENT AND LINKS. The Brandywine Companies may provide links to other Web sites or resources (“Linked Sites”). You acknowledge and agree that the Brandywine Companies has no control over and is not responsible for the Linked Sites. You agree that the Brandywine Companies shall not be responsible or liable, directly or indirectly, for any damage or loss arising out of or relating to the Linked Sites, including without limitation content, property, goods or services available on the Linked Sites. Links on the Web Site are not affiliated with the Brandywine Companies unless specifically indicated. The existence of a particular Linked Site does not indicate an endorsement by the Brandywine Companies of that Web Site or any information contained on any Linked Sites. The Brandywine Companies has not reviewed the information contained on any third-party site and is not responsible for its content and does not imply the Brandywine Companies’ recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. We cannot guarantee that information contained on a linked Web Site is accurate, complete or timely. You must obtain written permission from us in order to link to our Web Site.

  8. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL INFORMATION PRESENTED IS FURNISHED "AS IS" WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE BRANDYWINE COMPANIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION REGARDING ANY CONTENT OR OTHER INFORMATION ACCESSED THROUGH THE WEB SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. NO MATERIALS OR OTHER ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN OR IN ANOTHER FORM, OBTAINED BY YOU THROUGH THE WEB SITE OR OTHERWISE, WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED TO YOU “AS IS.” THE WEB SITE DOES NOT CONTAIN ANY TAX OPINION OR TAX ADVICE, AND WE ADVISE YOU TO SEEK A PROFESSIONAL FOR SUCH INFORMATION.

  9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT EACH OF THE BRANDYWINE COMPANIES AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, ADVISORY BOARD MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES (INCLUDING WITHOUT LIMITATION ANY BROKER-DEALER ENTITIES THAT PROVIDE SERVICES FOR YOU ARISING OUT OF, OR SEPARATE FROM, YOUR USE OF THE WEB SITE) (COLLECTIVELY, “BRANDYWINE PARTIES”) SHALL NOT HAVE ANY LIABILITY TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT ARISE OUT OF OR RELATE TO THE WEB SITE OR THESE TERMS AND CONDITIONS. IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF THE BRANDYWINE PARTIES FOR DAMAGES OF ANY TYPE, EXPENSES OR LOSSES UNDER ANY CLAIM, CAUSE OF ACTION, LAWSUIT OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEB SITE EXCEED TWENTY-FIVE DOLLARS ($25.00). THE LIABILITY LIMITATIONS IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER THE CLAIM, CAUSE OF ACTION, LAWSUIT OR PROCEEDING IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER COLE COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF THE APPLICABLE DAMAGES. AS SUCH YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY APPLIES EVEN TO ANY NEGLIGENCE OF THE BRANDYWINE PARTIES.

  10. INDEMNIFICATION. You agree to defend, indemnify, and hold each of the Brandywine Companies and their respective officers, directors, advisory board members, employees, contractors, agents and affiliates (including without limitation any broker-dealer entities that provide goods or services for you arising out of, or separate from your use of the Web Site) harmless from any and all damages, costs and expenses, including without limitation reasonable attorneys’ fees, arising out or relating to any and all third party claims, demands or allegations arising out of or relating to your use of the Web Site, including without limitation arising out of or relating to your violation of the Terms and Conditions, any applicable laws, or your violation of any rights of a third party.

  11. MODIFICATIONS. Information concerning the Terms and Use of the Web Site is subject to change from time to time. The Brandywine Companies may change the Terms and Conditions from time to time. The Brandywine Companies reserves the right to modify or temporarily discontinue your access to the Web Site or parts thereof, with or without notice to you. You agree that the Brandywine Companies shall not be liable to you or any third-party for any modification to the Web Site or your access to the Web Site.

  12. ARBITRATION. You agree that all claims, disputes and controversies between the parties hereto arising out of or in connection with this Agreement or your use of the Web Site shall be resolved by binding arbitration in Philadelphia, PA in accordance with the rules of the American Arbitration Association. Any decision rendered by the arbitration panel in accordance herewith shall be final and binding on the parties hereto, and judgment thereon may be entered by any state or federal court of competent jurisdiction. Arbitration shall be the exclusive method available for resolution of claims, disputes and controversies arising out of your use of the Web Site. Notwithstanding the foregoing, either party shall be entitled to apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, permanent injunction or other equitable relief, without breach of this arbitration provision. Notwithstanding the foregoing, either you or any of the Brandywine Parties shall be entitled to apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, permanent injunction or other equitable relief, without breach of this arbitration provision.

  13. EQUITABLE RELIEF. You acknowledge that any use or threatened use of the Web Site or Content in a manner inconsistent with these Terms and Conditions shall cause immediate irreparable harm to the Brandywine Companies for which there is no adequate remedy at law. Accordingly, you acknowledge and agree that the Brandywine Companies shall be entitled to immediate and permanent injunctive relief from a court of competent jurisdiction in the event of any such breach or threatened breach by you. The parties agree and stipulate that the Brandywine Companies shall be entitled to such injunctive relief without posting a bond or other security; provided however that if the posting of a bond is a prerequisite to obtaining injunctive relief, then a bond in the amount of $1000 shall be sufficient. Nothing contained herein shall limit the Brandywine Companies’ right to any remedies at law, including without limitation the recovery of damages from you for breach of these Terms and Conditions, as applicable.

  14. COPYRIGHT AND TRADE NAMES. ALL OF THE INFORMATION ON THIS WEB SITE, INCLUDING TEXT, IMAGES, GRAPHICS AND SOFTWARE, IS THE PROPERTY OF THE BRANDYWINE COMPANIES, LLC, EXCEPT AS OTHERWISE INDICATED, AND IS PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. IN ADDITION, THE COLLECTION, ARRANGEMENT AND ASSEMBLY OF CONTENT ON THIS WEB SITE IS THE EXCLUSIVE PROPERTY OF THE BRANDYWINE COMPANIES, LLC, AND IS LIKEWISE PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS.

    Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, The Brandywine Companies designates an agent as described below, to receive notifications of claimed infringement:

    Legal name and address of service provider:
    The Brandywine Companies, LLC
    2 Ponds Edge Drive

    Chadds Ford, PA 19317

    Designated Agent:
    Janice W. Newman
    Brandywine Financial Services Corporation

    2 Ponds Edge Drive

    Chadds Ford, PA 19317
    Telephone: 610-388-9600
    Fax: 610-388-9616
    e-mail: jnewman@brandywine-financial.com

    The Web Site features trade names, logos and other trademarks and service marks that are the property of, or are licensed to, the Brandywine Companies. The Web Site may also include trademarks or service marks of third parties. All of these trademarks are the property of their owners and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner. You also agree not to use, copy, modify or display any of these marks in any manner likely to cause confusion or in any manner that disparages or discredits any Brandywine Company.

  15. NOTICE. Any notice required or allowed under these Terms and Conditions shall be deemed properly given and effective upon (a) (i) actual delivery, if delivery is by hand; (ii) upon receipt by the transmitting party of confirmation or answer back, if delivery is by telex, telegram or facsimile; (iii) five (5) days after delivery into the regular mail, postage prepaid by registered or certified mail, return receipt-requested to the respective party at the following address; or (b) if you have provided an email address, to you immediately upon transmittal of an email to such email address. Notices will be sent to the following addresses:


    If to you: Such notice will be sent to you based on the contact information you have submitted to the Brandywine Companies.

    If to the Brandywine Companies:

    Brandywine Financial Services Corporation

    2 Ponds Edge Drive

    Chadds Ford, PA 19317
    ATTENTION: General Counsel
    Telephone: 610-388-9600

    Fax: (610) 388-9616

    or at such other address as the parties may designate by notice given pursuant to this clause.

Terms & Conditions  /  Copyright © 2013 The Brandywine Companies, LLC