Terms of Service
LAST UPDATED: December 21, 2005
Hedge Funds Care Web Site Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. YOUR USE OF THE SITE (AS DEFINED BELOW) CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT.
This Terms of Service agreement (the "Agreement") is between you ("you") and Hedge Funds Care ("HFC," "we," "us"), concerning your use of the Internet world wide web site currently located at http://www.hedgefundscare.org/ (together with any successor site(s) and all Services (as defined below), the "Site").
1. Acceptance of Terms. The Site is made available by HFC subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which we may provide to you by any reasonable means, including without limitation posting the revised draft of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any of our sponsors or local chapters collectively, "Affiliated Entities") shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
If you have any questions regarding the meaning of application of this Agreement, please direct such questions to DThompson@hedgefundscare.org. For purposes of this Agreement, "including" shall mean "including, without limitation."
2. Description of the Services. We provide users of the Site with access to certain specialized content and services concerning HFC and the Affiliated Entities, HFC’s and the Affiliated Entities’ charitable campaigns, and benefits, functions and other events sponsored by HFC and the Affiliated Entities (such content and services, collectively, the "Services"). All content and services made available through the Site that were not made available as of the "LAST UPDATED" date above, shall automatically be deemed to be part of the Services when they are first made available through the Site.
3. Information Submitted Through the Site. Your submission of information through the Site is governed by HFC’s Privacy Policy, (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy. Whenever you provide information about yourself through the Site, you agree to provide true, accurate, current and complete information and to maintain and update it promptly. You agree that if any information you provide through the Site is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.
4. Rules of Conduct. While using the Site you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the following rules of conduct. You will not:
- Post, transmit, or otherwise make available, through or in connection with the Site:
- Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
- Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment.
- Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
- Any material, non-public information about a company without the proper authorization to do so.
Additionally, you acknowledge and agree that you (and not HFC) are responsible for, without limitation, obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.
5. Submissions. For any materials you submit through the Site (each, a "Submission"), you grant HFC and the Affiliated Entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license: (a) to use, reproduce, distribute, adapt (including edit, modify, translate, and reformat), transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed, for HFC’s and the Affiliated Entities’ business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law; in each event, without compensation to you. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this Section, and that such Submission, and your provision thereof to and through the Site, complies with all applicable laws, rules and regulations, including U.S., foreign and local laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
This Section shall survive any termination or expiration of this Agreement, for any reason.
6. Donations, Contributions and Purchases. If you wish to make a donation or contribution through the Site, or if a product or service (for example, a ticket to a benefit or other event) is made available through the Site for purchase and you wish to purchase such product or service, (each such donation, contribution or purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION (AS DEFINED ABOVE). Any such information provided through the Site will be treated by HFC in accordance with the Privacy Policy. By submitting such information, you grant HFC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Descriptions and images of, and references to, products or services on the Site do not imply HFC’s or any Affiliated Entity’s endorsement of such products or services. HFC reserves the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any product or service; to honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. Price and availability of any product or service offered through the Site are subject to change without notice. Refunds and exchanges shall be subject to HFC’s refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through Site, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any taxes that may be applicable to your Transactions, and you agree that such taxes, if any, and the reporting of any such taxes, are not the responsibility of HFC.
7. HFC’s Proprietary Rights. The information and materials made available through the Site, including the Services, are and shall remain the property of HFC and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by HFC to access and use the Site, you may download one (1) copy of any content on the Site to any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized in advance by HFC, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.
Trade names, trademarks and service marks of HFC include without limitation "HEDGEFUNDSCARE.ORG," ‘HEDGEFUNDSCARE.COM,” "Hedge Funds Care," and any associated logos. All trademarks and service marks on the Site not owned by HFC are the property of their respective owners. The trade names, trademarks and service marks owned by HFC, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of HFC trade names, trademarks or service marks without our express prior written consent.
8. Links. The Site may provide links to other web sites and online resources. Because HFC has no control over such sites and resources, you acknowledge and agree that neither HFC nor the Affiliated Entities are responsible for the availability of such external sites or resources, or endorse or are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that HFC and the Affiliated Entities do not endorse such sites, and are and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
HFC shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
9. Limitations of Liability and Disclaimer of Warranties. HFC is a distributor only, and not a publisher, of the Site. THE SITE (INCLUDING THE SERVICES) AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE.
HFC AND THE AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. NEITHER HFC NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER HFC NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY HFC OR ANY THIRD PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us at DThompson@hedgefundscare.org with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
10. Indemnity. You agree to defend, indemnify and hold harmless HFC and the Affiliated Entities, and their respective directors, officers, employees, agents, shareholders, licensors, sponsors and representatives, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any Transaction; (c) any violation of this Agreement by you or through your account; or (d) any allegation that any Submission or other materials that you make available through the Site or Services infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
11. Termination. This Agreement is effective until terminated. You agree that HFC, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if HFC believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that HFC may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that HFC and the Affiliated Entities shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files.
12. Jurisdictional Issues. The Site is controlled and operated by HFC from the United States, and is not intended to subject HFC to the laws or jurisdiction of any state, country or territory other than that of the United States. HFC does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
13. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. This Agreement is governed by and shall be construed in accordance with the laws of the United States and the State of New York, U.S.A., without regards to its principles of conflicts of law. You agree to exclusive jurisdiction by the federal and state courts located in the County of New York in the State of New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and HFC relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and HFC relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, in HFC’s discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
14. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation web site: http://www.eff.org/pub/Censorship/Ratings_filters_labelling/.
15. Rules for Sweepstakes, Contests, Raffles and Similar Promotions. Any sweepstakes, contests, raffles or similar promotions that may be made available through the Site will be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, raffle or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. HFC urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities.
16. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send HFC a notice requesting that HFC remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send HFC a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Alyson Loria, (212) 967-0322 x341 - 70 W. 36th Street, Suite 1404, New York, NY 10018. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
17. Information or Complaints. Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to DThompson@hedgefundscare.org. You may also contact us by writing to Hedge Funds Care, 70 W. 36th Street, Suite 1404, New York, NY 10018, or by calling us at (212) 967-0322 x347. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
The Site and this Agreement ©2005 HFC. All rights reserved.