ABILITY TO ACCEPT TERMS OF SERVICE
GENERAL USE OF THE WEBSITE — PERMISSIONS AND RESTRICTIONS
- You do not collect any personally identifiable information of others, including user names or email addresses, from the Websites.
- You do not use the website for any commercial purposes without the prior written authorization of the Funds.
- You do not use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Websites in a manner that sends more request messages to the Funds servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, the Funds grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Funds reserves the right to revoke these exceptions either generally or in specific cases.
- You do not transmit or otherwise make available any content containing any “virus,” “worm,” “trojan horse,” or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- You do not alter or modify any part of the Websites.
- You do not circumvent, disable, or otherwise interfere with security-related features of the Funds’ Websites or our sites or servers (or networks connected to our Websites).
- You do not harass, threaten, embarrass, or cause distress, unwanted attention, or discomfort to a person or entity on or through the Websites or its communication systems.
- You do not transmit or otherwise make available on or through the Websites any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable, as solely determined by the Funds, and as further described below.
- The Funds reserves the right to change or discontinue any aspect of the Funds Websites at any time, for any reason, and without notice to you.
- The Funds reserve the right to suspend or terminate a user’s access to the Websites, without prior notice and at the Funds’ sole discretion.
- This list of permissions and restrictions, along with the other terms described below, is not intended to be complete, but merely illustrative. The Funds reserve the right in our sole and final judgment to determine whether conduct violates conduct requirements for the Funds Websites.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
USE OF MATERIALS ON WEBSITES
The information and materials on the Websites that include, without limitation, content, text, data, graphics, logos, images, photographs, designs, software code and files (the “Materials”) are provided by the Funds as a service to their participants. The Funds gives you permission to access, view, download, and copy (where applicable) the Materials for internal, informational, and non-commercial purposes only in your capacity as a participant or dependent in the Funds’ services and plans, and provided that you do not change the Materials and that you retain unmodified all copyright and other proprietary notices that may be contained on or in any of the Materials. This permission automatically ends if you breach any of these terms or conditions.
All trademarks, service marks, trade names, logos, and other designations (collectively the “Marks”) are the sole property of the Funds or other third parties that have granted the Funds the right and license to use such Marks. Nothing contained on the Websites should be interpreted as granting any right or license to use any such Marks without the prior written permission of the Funds or the respective owners of the Marks displayed.
RIGHT TO MONITOR AND EDITORIAL CONTROL
PROHIBITED USER CONDUCT
You agree that, while using the Websites, the Materials, or the various services and features offered on or through the Websites (including, without limitation, the Forums), you shall not:
(a) impersonate any person or entity or misrepresent your affiliation with any other person or entity;
(b) obtain or attempt to gain unauthorized access to other computer systems, Materials, information, or any services made available on or through the Websites through any means, or obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Websites;
(c) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other contact or personal information, or any other automatic means of accessing, logging-in, or registering on the Websites or for any services available on the Websites, or obtaining lists of users or obtaining or accessing other information or features on the Websites, including, without limitation, any information residing on any server or database connected to the Websites;
(d) use the Websites, the Materials, or the services on the Websites in any manner that could damage, disable, overburden, or impair the Websites or such services, or interfere with another party’s use and enjoyment thereof, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
(e) use the Websites, the Materials, or the Websites’ services or features in violation of the Funds’ or any third party’s intellectual property or other proprietary or legal rights;
(f) use the Websites, the Materials, or the Websites’ services or features in violation of any applicable law;
(g) attempt yourself or encourage or support anyone else’s attempt to circumvent, reverse engineer, decrypt, disassemble, decompile, or otherwise alter or interfere with the Websites, any Materials, or the Websites’ services, or make any unauthorized use thereof;
(h) upload, post, transmit, distribute, or otherwise publish to, on or through the Websites, any information, content, or materials that are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically, or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, incendiary, pornographic, profane, sexually explicit or indecent, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law;
(i) use the Websites or the Materials to, or in any other manner, violate, plagiarize, or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy, or rights of publicity or any other proprietary or legal right;
(j) upload, post, publish, distribute, or otherwise transmit any information or material that constitutes, contains, or disseminates a virus, spyware, or other harmful component, or that contains any embedded links, advertising, chain letters, or pyramid schemes of any kind;
(k) use, redistribute, republish, or exploit any part of the Websites or any Materials for any commercial or promotional purposes, or contact any other user of the Websites for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on the Websites; or
(l) alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Materials, or attempt to do any of the foregoing, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon.
LINKS TO OTHER WEBSITES
The Funds’ Websites may contain links (including, for example, in the form of hyperlinks, logos, banners, and widgets) to, or be linked from, other websites that are controlled or operated by parties other than the Funds. The Funds are not responsible for and do not accept responsibility for or make any representations regarding such other websites, the contents of those websites, or their privacy policies, and you acknowledge that any such links do not necessarily constitute an endorsement, approval, or sponsorship thereof by the Funds. All rules, policies, including privacy policies, and operating procedures of such other websites will apply to you while on those other websites.
DISCLAIMER OF WARRANTIES
THE MATERIALS ON THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE FUNDS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NO ADVICE OR INFORMATION OBTAINED FROM THE WEBSITE SHALL BE DEEMED TO CREATE ANY WARRANTY WHATSOEVER, AND THE FUNDS MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, TIMELINESS, RELIABILITY, VALIDITY, OR COMPLETENESS OF THE MATERIALS OR THAT THE MATERIALS WILL MEET YOUR SPECIFIC REQUIREMENTS. THE FUNDS DISCLAIM ANY DUTY TO UPDATE THE MATERIALS ON THE WEBSITES ALTHOUGH IT RESERVES THE RIGHT TO DO SO AT ANY TIME WITHOUT NOTICE. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITES OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITES. IF YOU ARE DISSATISFIED WITH THE WEBSITES, YOU SHOULD DISCONTINUE USING THE WEBSITES.
THE WEBSITES AND ANY HEALTH-RELATED INFORMATION AND RESOURCES THEREON ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR FOR THE CARE THAT PATIENTS RECEIVE FROM THEIR PHYSICIANS. ANY INFORMATION SUPPLIED THROUGH THE WEBSITES IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY, AND DO NOT CONSTITUTE NOR ARE INTENDED TO BE, OR BE A SUBSTITUTE FOR MEDICAL, HEALTH, OR OTHER PROFESSIONAL ADVICE. NOTHING IN THE WEBSITES IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. IT IS IMPORTANT THAT YOU NOT MAKE MEDICAL OR HEALTH-RELATED DECISIONS WITHOUT FIRST CONSULTING YOUR PERSONAL PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. NO CLAIMS OR ENDORSEMENTS ARE MADE OR IMPLIED FOR ANY DRUG, SUPPLEMENT, THERAPY, PROFESSIONAL, OR TREATMENT THAT MAY BE POSTED OR DISPLAYED ON OR THROUGH THE WEBSITES. WE DO NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE, OR AGREE WITH ANY WEBSITE MATERIALS OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA, OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITES CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE WEBSITES, CREATION OF AN ACCOUNT OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF.
THE WEBSITES ARE CONTROLLED AND OPERATED BY THE FUNDS FROM ITS OFFICES WITHIN THE UNITED STATES. THE FUNDS MAKE NO REPRESENTATION THAT MATERIALS ON THE WEBSITES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS, AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THE WEBSITES FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.
LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THE SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” MAY NOT APPLY TO YOU.
CHOICE OF LAW AND FORUM; MISCELLANEOUS
We respect the intellectual property rights of others, and require that the people who use the Websites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.
Copyright Agent: Peter Goldberger
25 West 18th Street, New York, NY 10011