Fundspire Terms and Conditions
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Date last revised 5/17/2011
Welcome to the Fundspire Inc’s website (“Fundspire Site”). Your use of the Site is subject to the following terms and conditions ("Agreement"). By registering, you (also referred to as “Fundspire Member”) agree to the terms and conditions of the Agreement. PLEASE READ THE AGREEMENT IN ITS ENTIRETY BEFORE ACCEPTING ITS TERMS AND CONDITIONS. If you do not agree to be bound by this Agreement, do not log onto the Fundspire Site and do not use it.
1. ACCEPTANCE: By registering with and using the Fundspire Site, you agree to all terms, conditions contained or referenced in this Agreement. We reserve the right, at our discretion, to update or revise this Agreement. Fundspire Inc. also reserves the right to change the terms and conditions under which the Fundspire Site and its many offerings are extended to the Fundspire Member. Your continued use of the Fundspire Site following the posting of any changes to the Agreement constitutes acceptance of those changes. Please check back often for changes as Fundspire Inc. will not send notification of changes. The most recent revision date will be posted at http://www.fundspire.com/terms-and-conditions. By accessing, viewing, or utilizing the products and/or services available on or through the Fundspire Site, you indicate that you understand and recognize this Agreement to be the legal equivalent of a signed, written contract and equally binding. Therefore, acceptance of this Agreement indicates an agreement to be legally bound by it.
2. TARGETED MEMBERS: Fundspire Inc. products and services are designed for the major participants in the institutional investment industry, including hedge funds, fund of hedge funds, investors in hedge funds, investment managers, investment consultants and financial advisors. All data and content is targeted to accredited investors in the institutional investment community.
3. NATURE OF SITE: The Fundspire Site is designed to provide analytics tools, reporting capabilities and information sources on hedge fund investments. The content on the Fundspire Site is intended for informational, research and educational purposes only. Fundspire Inc. does not provide investment advice or give recommendations on the suitability of an investment manager or their respective investment products. Accordingly, Fundspire Inc. assumes no responsibility or liability for any investment decisions made or services rendered by any institutional money manager or vendor, or any other entity featured on the Fundspire Site. We do not specifically endorse any of the investment managers and/or vendors on the Fundspire Site. Fundspire recommends seeking the advisement of an independent advisor before making an investment decision. Additional due diligence may be necessary before making an investment decision and should be based on a case-by-case basis depending on the circumstances. Fundspire Inc. shall not be held liable for investment decisions made based on content provided through the Fundspire Site.
4. SITE CONTENT: As stated, the content on the Fundspire Site is intended for informational, research and educational purposes only. The data and information collected on investment managers has been obtained from sources believed to be reliable. It is of the utmost importance to strive for the highest level of data integrity, but Fundspire cannot and does not guarantee accuracy or comprehensiveness. Fundspire relies on data provided by companies specialized on providing market and hedge fund data and Fundspire does not independently verify data accuracy. You hereby acknowledge and agree that Fundspire makes no claims to accuracy on the part of either the investment managers or Fundspire; that there may be delays, omissions or other inaccuracies in the Information; and that the Information may become unreliable because of changing market or economic situations. Any decisions made based upon information gathered herein may include incorrect information that may lead to results differing from the past. Before committing to any investment, seek the advice of an independent advisor. Past performance does not guarantee similar results in the future.
5. REGISTERED MEMBERS: Members of the Fundspire Site will consist of plan sponsors (i.e. corporate pensions, government pensions, foundations, endowments, hospitals, religious entities and other financial institutions), investment managers, financial advisors, consulting organizations and various other investment professionals whose business services the institutional investment arena. Therefore by using Fundspire Site you certified to be an accredited investor in accordance with Rule 501(a) of Regulation D under the Securities Act of 1933, as described in Exhibit A.
6. REGISTRATION AND ACCESS: To access the Fundspire Site, each Member will be required either (a) to register with Fundspire Inc. and to define a username and password, or (b) to register with a Fundspire partner authorized to sublicense access to Fundspire. Once registration is verified, the Member will be granting access using the username and password. By registering with Fundspire Inc, the Member agrees that all information provided is accurate and complete. The Member will have the ability to maintain the information and/or change the information as necessary. However, the upkeep and responsibility for security of the username and password is left entirely up to the Member. It is possible for anyone with knowledge of the Member’s information to view certain portions of the Fundspire Site and modify Member’s information. The Member hereby agrees to keep all information confidential and notify Fundspire if theft or any other perpetration of secure information occurs. Fundspire Inc. reserves the right to grant or deny access to the Fundspire Site as well as to modify or to delete a Member’s access at any time for any reason. Fundspire Inc. will not be held responsible for damages incurred due to carelessness or noncompliance with the above statements.
7. PRIVACY:
7.1 Collection and Uses of Personal Information: Fundspire considers Members' personal and business data private and operates Fundspire Site by keeping any collected information confidential. Fundspire collects personally identifiable information about you (also called a "Member"), including, but not limited to, name, address, phone number, organization name and e-mail address, from information provided by you, initially through our registration process and subsequently through other means such as survey forms or optional contact forms. Fundspire may monitor your conduct on the Fundspire Site for any lawful reason or purpose.
Generally, Fundspire uses the personal information to send information to you about Fundspire, including, but not limited to, notifications of new products, services and features and general updates on the Fundspire Site. Fundspire also uses personal information to help Fundspire create a more user-friendly website. In order to periodically make enhancements to the Fundspire Site, we will use personal contact information to allow us to gauge the interests, needs and preferences of our Members. In addition, Fundspire might also use the personal information for, without limitation:
- Fundspire Site improvement and product development
- Mailings from Fundspire
- Fundspire Site tracking and analysis
- Marketing and advertising from Fundspire
- Promotional announcements from Fundspire
- Fundspire Customer support and technical help
Fundspire restricts access to personal information to employees, contractors, and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by Fundspire confidentiality obligations.
7.2 Control of Personal Information: Personal identifiers (such as username and password) are used to verify the Member’s identity, maintain recordkeeping in our system and for other purposes. You will have access to correct or modify your particular individual profile, which includes information captured during registration through the Fundspire Site, such as name, address, title, phone, fax, email and login ID and password, by selecting the "Settings" link in the top left-side of any header page on the Fundspire Site. Upon request, Fundspire will remove a Member’s personal information from its database, thereby canceling the Member’s registration. It is the Member’s responsibility to safeguard this unique information so as not to allow unauthorized Members to view personal information. The Fundspire Site also provides Members the opportunity to opt-out of receiving all but essential communications via their e-mail accounts from our partners or Fundspire. To opt-out of e-mails, please send an e-mail to support@fundspire.com.
7.3 Considerations about Fundspire Privacy Policy: Fundspire's privacy policy applies only to this Site. Fundspire Inc. does not exercise control over any site that may be linked to from content that is displayed within content of this Site
Please note that this privacy policy may change from time to time. Fundspire expects most such changes to be minor. Regardless, Fundspire will post any policy changes on this Site and, if the changes are significant, will provide a more prominent notice (including, for certain services, email notification of policy changes).
8. CONFIDENTIALITY: Use of the internet is solely at Client's own risk and is subject to all applicable local, state, national, and international laws and regulations. While Fundspire has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the internet cannot be guaranteed. Accordingly, Fundspire and its affiliates are not responsible for the security of any information transmitted via the internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Client assumes sole and complete risk for using this Site and must make its own determination as to these matters.
9. MEMBER CONDUCT: The Member hereby agrees not to use the Fundspire Site or services in any way that is unlawful or prohibited by these terms and conditions. Uunauthorized commercial uses of the Fundspire Site, or the resale of Fundspire’s services, is expressly prohibited. The content and software on the Fundspire Site may only be used for the purposes intended by Fundspire Inc. Any other use, including the reproduction, reverse engineering, modification, distribution, transmission, republication, display, or performance, of the content on the Fundspire Site is strictly prohibited. The Member hereby agrees not to upload, post or distribute any content through the various mediums via the Fundspire Site that:
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts;
• discriminates, victimizes, harasses, degrades, or intimidates an individual or group of individuals
• attempt to gain unauthorized access to the site, network, server or other systems related to the Fundspire Site
• constitutes unauthorized or unsolicited advertising, junk or Spam e-mail, chain letters, pyramid schemes, any other form of unauthorized solicitation, or any form of lottery or gambling;
• contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or the Fundspire Site;
• collects or stores personal data about other Members; or
• violates any other applicable laws or regulations.
10. LINKS: Fundspire Inc. may, at its sole discretion, offer links to websites of various vendors and providers of institutionally oriented services. As these sites are not maintained by Fundspire, we do not guarantee or attest to the accuracy and completeness of the information obtained through these links. Accordingly, Fundspire will not be held liable for decisions made based upon information on these linked sites. These links should not serve as an endorsement for any particular vendor’s capabilities or services, as we have no control over the quality, accuracy or comprehensiveness of the information obtained. As always, an independent advisor’s assistance should be sought before making an investment decision.
11. COPYRIGHT AND TRADEMARK NOTICE:You hereby acknowledge and agree that all content and material available on the Fundspire Site is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by the Fundspire Inc, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from such materials or content, or in any manner commercially exploit any content or materials on/from the Fundspire Site. You must abide by all copyright notices, information, or restrictions contained in or attached to any content or portion of the Fundspire Site.
12. SUBMISSION: Fundspire welcomes feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "content") received through Fundspire Site or sent to a Fundspire employee in relation to the use of Fundspire Site will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Fundspire to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and You hereby waives any claim to the contrary.
13. DISCLAIMERS: All CONTENT materials, information, software, products, and services included in or available through the Fundspire Site are provided "as is" and "as available" for your use. WHILE FUNDSPIRE INC. ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE INFORMATION, CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON THE FUNDSPIRE SITE MAY INCLUDE INACCURACIES OR UNRELIABLE DATA. FUNDSPIRE INC. DOES NOT GUARANTEE THAT THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, FUNDSPIRE INC. MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE FUNDSPIRE SITE OR IN THE INFORMATION, CONTENT, PRODUCTS AND SERVICES DESCRIBED IN THE FUNDSPIRE SITE AT ANY TIME, FOR ANY REASON. YOUR USE OF THE FUNDSPIRE SITE IS SOLELY AT YOUR RISK.
14. LIMITATION OF LIABILITY: EXCEPT AS OTHERWISE EXPRESSLY PROVIDED ON THE FUNDSPIRE SITE IN CONNECTION WITH CERTAIN SERVICES, IN NO EVENT SHALL FUNDSPIRE INC. BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE FUNDSPIRE SITE OR WITH THE DELAY OR INABILITY TO USE THE FUNDSPIRE SITE, OR FOR ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES OBTAINED THROUGH THE FUNDSPIRE SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THE FUNDSPIRE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FUNDSPIRE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IF, NOTWITHSTANDING THE ABOVE, FUNDSPIRE INC. IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO THE USE OF THE FUNDSPIRE SITE, YOU AGREE THAT THE LIABILITY OF FUNDSPIRE INC. SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY MEMBER TO FUNDSPIRE INC. IN CONNECTION WITH THE SUBJECT MATTER FROM WHICH YOU CLAIM ARISES.
15. INDEMNIFICATION: You agree to indemnify, defend and hold harmless Fundspire Inc. and its affiliates, and any of their officers, directors, shareholders, employees, consultants, agents, licensors and suppliers, from and against any and all claims, liability, damages, costs and/or expenses, including but not limited to reasonable attorneys' fees, arising from your use or misuse of the site or any breach of any covenant, representation or warranty contained herein.
16. APPLICABLE LAW: This Agreement has been made in and will be construed and enforced in accordance with Delaware law, as applied to agreements entered into and completely performed in Delaware. Any action to enforce this Agreement will be brought in the federal or state courts presiding in Delaware, U.S., and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. The Fundspire Site is controlled and operated by Fundspire from its offices within the United States. Fundspire makes no representation that materials in Fundspire Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so on their own will and are responsible for compliance with applicable local laws.
17.TERM AND TERMINATION: This Agreement will take effect at the time the Member begins using the Fundspire Site, thereby indicating acceptance of this Agreement, and at each use thereafter the Member shall be deemed to have reaffirmed his or her acceptance of this Agreement. Fundspire Inc. reserves the right at any time and for any reason in its sole discretion to deny any Member access to the Fundspire Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
By accepting this Agreement, the Member hereby acknowledges that he or she has read, understood and agrees to the terms and conditions contained in this Agreement. If you have any questions about these Terms and Conditions, please contact us at support@fundspire.com
