This Agreement governs your use of the Hedge Fund Marketing Alliance (HFMA) website and all related information and services received by you in connection with this site (the “Service”, the “Website”, or “Site”).
1. Limitations on Use.
a. Content available through HFMA and related services (including but not limited to images, text, illustrations, video and audio clips) is owned or controlled by HFMA, or third party providers of the content and is protected by copyright and other intellectual property laws of the United States and other jurisdictions. Display or distribution of the content available through HFMA is strictly forbidden without written authorization by an authorized officer of HFMA.
b. By this agreement you agree not to sell, publish, distribute, retransmit or provide other forms of access to the content received through HFMA to anyone, including your fellow employees.
c. You agree not to post any content from HFMA to newsgroups, mailing lists or electronic bulletin boards, without explicit written consent from an authorized officer of HFMA.
d. You agree that you will not, in any way, modify, move, add to, delete or otherwise tamper with the information contained on the HFMA web site, nor will you decompile, reverse engineer, dissemble or otherwise unlawfully use any of the software, copyrighted or trademarked material, trade secrets or other proprietary information contained in HFMA web site.
e. HFMA reserves the right to terminate or restrict your access to our services at our sole discretion and without limitation. We also may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive. We may also release current or past user information in the event we believe that you are in violation of this Agreement, or that you have used the Service to commit unlawful acts, or if the information is subpoenaed and/or if we deem it necessary and/or appropriate.
2. Accuracy of Your Information.
You agree to (a) provide true, accurate, current, and complete information about yourself in connection with your use of this site, and (b) maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you is untrue, inaccurate, not current, or incomplete, HFMA has the right to restrict and refuse any and all current or future use of the Service.
3. Modifications to Service.
We may change the terms of this Agreement or modify or discontinue, temporarily or permanently, the Service at any time and without notice. You agree that HFMA shall not be liable to you or any third party for any modification or discontinuance of the Service. A current version of the Agreement is available at all times by visiting the HFMA website. Use of HFMA and related services after changes are made to this Agreement signifies that you accept and agree to be bound by such changes.
4. International Customers.
International customers, note that information that you provide to us is being sent to the United States. By subscribing to HFMA, you consent to your data being sent to the United States.
5. Third Party Web Sites, Services and Software.
We may link to, or promote, web sites or services from other companies on HFMA or offer you the ability to download software from other companies. Some of these links may be affiliate or sponsored links, meaning HFMA may receive a commission if you purchase from the other companies. This content or links may not always be identified as affiliate related, thus you should assume all links are affiliate or sponsored. You agree that we are not responsible for, and do not control, those web sites, services and software. We do not make any representations regarding the quality of any product or service contained at any such site.
6. Accuracy of Service’s Information.
We endeavor to keep information available on the HFMA web site accurate. However, we make no guarantee of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the opinions, data and/or information available. You acknowledge that any reliance upon such opinions, data and/or information obtained from or through HFMA is at your sole risk.
7. Communications and Data.
HFMA is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption or any other reasons.
8. No Investment Advice.
HFMA does not provide investment recommendations or advice of any kind. The information on the Site is intended for educational and informational purposes only. Prior to making any investment decision, hiring an investment manager, or purchasing tools, services, technology or other products, you should consult with your financial and legal advisors. HFMA and its content contributors shall not have any liability for decisions based upon content provided on the Site.
9. No Endorsement.
HFMA does not verify, endorse or otherwise vouch for any potential product or service provider on this Site. HFMA makes no representation concerning a firm’s qualifications. In the event of a dispute between you and any firm, you shall indemnify and hold harmless HFMA as provided below arising out of or in any way connected with such disputes.
10. Communications with Potential Employers and Other Third Parties.
You are solely responsible for all information submitted to potential employers and other third-parties resulting from your use of the Service, including, but not limited to, your biographical and contact information, salary or fee proposals submitted to potential employers and other third parties, and all further communication with them. You shall indemnify and hold harmless HFMA and other indemnified parties in accordance with this Agreement.
11. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.
YOU AGREE THAT YOUR ACCESS TO AND USE OF HFMA AND THE CONTENT AVAILABLE THROUGH THIS SITE IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT . HFMA MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES HFMA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. HFMA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR INFORMATION OBTAINED THROUGH THE SERVICE (INCLUDING ANY LINKS TO THIRD PARTY WEB SITES) OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
HFMA AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND LICENSORS WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF HFMA FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF HFMA HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend, and hold HFMA and its parent company, Job Search Digest, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties including, without limitation, reasonable attorneys’ fees, in connection with any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any use by you or any user of your account of the information and services provided by or through HFMA.
13. No Partnership, Agency, Etc.
You and HFMA are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Any controversy or claim arising out of or relating to this Agreement or the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, and any court having jurisdiction thereof may enter judgment on the arbitration award. The arbitrator shall provide written reasons for the award. Either you or HFMA may seek any interim or preliminary relief from a court of competent jurisdiction in San Diego County, California necessary to protect the rights or property of you or HFMA pending the completion of arbitration.
We may discontinue or change HFMA and its related services, or their availability to you, at any time. You may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in California. Any term, condition, or provision of this Agreement that is determined for any reason to be unlawful, invalid, void or unenforceable shall not affect any other portion of this Agreement.