I. Description of Services
“FINsearches” is a product of Financial Investment News (“Company”). “FINsearches” provides extensive and timely coverage of new and potential investment manager searches, people moves and industry news for the institutional investment marketplace via www.finsearches.com as well as newsletters “fin|daily”, “Nonprofit News” and “Emerging Manager Monthly” via e-mail distribution and websites findaily.com, npnews.com and emergingmanagermonthly.com (“Site,” or collectively, “Sites”). The Sites provide manager search leads, breaking news and information relating to personnel moves in the marketplace (collectively, “Services”). You are able to subscribe to the Sites to receive up-to-date Services. By using a Site, you accept and agree to be bound by these Terms, without limitation, when you view or access their contents and/or Services.
II. Governing Terms
A. You shall not use the Services for any illegal or unauthorized purpose. Unauthorized purposes include but are not limited to: copying, altering, modifying, or using of any of the Sites’ contents or software or data in violation of U.S. Laws.
B. You shall not use any of the Services to violate any laws in your jurisdiction (including, but not limited to, copyright laws).
C. You shall not use the Services in any manner that would compromise the Sites or Services.
D. The Company reserve the right to terminate or restrict your access to a Service if, in its assessment, your use of the Services violates or may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the Terms. Also, the Company 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.
IV. Intellectual Property
A. The Sites contain copyrighted material, trademarks and other proprietary information, including, but not limited to text, software, photos and graphics. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part.
B. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of copyrighted materials will be permitted without the express permission of the Company and the copyright owner; in the event express permission is granted, you will not acquire any ownership rights to trademarks or copyrighted materials.
C. If you want to distribute a copy of an article, or a portion of an article, made available to you by the Services to a few individuals for educational purposes, you may do so by including all copyright and other proprietary rights notices in the same form in which they appear in the Service, along with original source attribution, and the phrase “Used with permission from Financial Investment News.” Please consult the Company’s Reprint Department (phone: (212) 627-7615) for more information.
V. Subscription Fees and Payments
In order to purchase a subscription to the Services offered by the Company, you must be 18 years of age or older. You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service at the rates in effect when the charges are incurred. Subscription fees will be billed at the beginning of your subscription or renewal.
A. This Agreement will become effective on the date that an account is created and shall remain in effect for one (1) full year from the date of the account creation (“Subscription Term”).
B. Payment is due upon creation of the account.
VI. Subscription Renewal
Your subscription will NOT be renewed automatically. The Company must receive confirmation to renew subscription in order to continue providing Services after the termination of each Subscription Term.
VII. Third Party Web Sites, Services and Software
The Company may link to, advertise, or promote websites or services from third-party companies or entities. You agree that the Company is not responsible for, and does not control, the third-party websites and services. The Company is not responsible or liable for any loss or damage of any sort incurred by you as the result of your use of any third-party website or service.
VIII. Changes to Site
The Company may alter, modify, or otherwise change any Service or feature of a Site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use, with little or no advance notice.
IX. Disclaimer of Warranty; Limitation of Liability
A. You understand and expressly agree that the use of a Site is at your sole risk and that the Company, including its present and future subsidiaries, does not warranty that the Site will be uninterrupted or error-free. The Company does not make any warranty as to the results that may be obtained from the use of a Site, or as to the accuracy, validity, or reliability of the contents of the Services.
B. The Sites, are provided on an “as is” basis, without Warranties of Title or Implied Warranties of Merchantability or Fitness for a Particular Purpose, other than those that are implied by and incapable of exclusion, restriction, or modification under applicable laws.
C. You shall indemnify and hold the Company harmless from and against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorneys’ fees, personal injury, death or property damage, which you may incur arising out of or resulting from the use of the Company’s Services or the subject matter thereof. You assume all other liabilities relating to or arising from the Services or the subject matter thereof.
D. The Company does not give tax or investment advice or advocate the purchase or sale of any security or investment. You are responsible for seeking the assistance of a professional for tax and investment advice.
X. Arbitration and Waiver
By using a Site, you agree that both you and the Company, including its present and future subsidiaries, will be obligated to arbitrate disputes, claims, and controversies that arise out of or relate to your use of the Site(s) and/or the provision of content, services, and/or technology on or through the Sites, and that any such proceedings will be conducted only on an individual basis (and not as a class action). You and Company both agree to waive the right to a trial by a Court. The decision resulting from arbitration is binding upon both you and the Company.
XI. Governing Law
This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, and applicable Federal law, without regard to any conflict of laws principles. You agree that, in case of any dispute regarding any rights and/or obligations of either you or the Company under and/or related to these Terms and Services, the appropriate state courts or federal courts within the state of New York shall have exclusive jurisdiction.
XII. Force Majeure
Any delay or failure in the performance by Company to provide Services shall be excused if and to the extent caused by the occurrence of a Force Majeure. Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Company, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage, terrorism, vandalism, accident, restraint of government, governmental acts, injunctions, labor strikes, and other like events that are beyond the reasonable anticipation and control of the Company, despite the Company’s reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to the Company’s failure to provide the Services under these Terms.
If any of the provisions of these Terms is held to be invalid or unenforceable in whole or in part, all other provisions of these Terms will nevertheless continue to be valid and enforceable.