FOX Web Site Terms and Conditions
Binding Agreement
By using the Family Office Exchange (FOX) web site, you agree to be bound by the
Terms and Conditions specified below, as they may be amended from time to time.
FOX reserves the right to amend these Terms and Conditions at any time by posting
the amended terms to this web site. Your continued use of the FOX site constitutes
acceptance of the amended terms. If you do not agree with these Terms and Conditions
(as amended from time to time) or are dissatisfied with the FOX site or any other
terms, conditions, rules, policies, guidelines, or practices of FOX, your sole
and exclusive remedy is to discontinue using the FOX site.
Copyright Restrictions/Use of Content
The materials hosted on the FOX site are protected by United States and international
laws regarding copyrights, trademarks, trade secrets and other proprietary rights.
You are authorized to use the content on the FOX web site for internal business
purposes only. You may not copy, modify, create derivative works of, publicly
display or perform, republish, store, transmit or distribute any of the material
on this site without the prior written consent of FOX, except as follows. You
may store copies of such materials temporarily in RAM and may store files that
are automatically cached by your web browser for display enhancement purposes
and you may print a reasonable number of pages of the FOX web site for internal
business purposes; provided in each case that you do not alter or remove any
copyright or other proprietary notices included in such materials. Neither title
nor intellectual property rights to any information or material in this site
are transferred to you, but remain with FOX or the applicable owner of such
content.
Trademarks
The FOX logo and all related product and service names, designs, and slogans
are the trademarks or service marks of Family Office Exchange. All other product
and service marks on this site are the trademarks of their respective owners.
Use of FOX Web Site; Uploading Information
You agree to use the FOX web site only for lawful purposes. Unless specifically
stated otherwise, all information and material in this web site are made available
only for the purpose of providing information.
Specifically you agree not to do any of the following: (i) upload to or transmit
on the FOX web site any defamatory, indecent, obscene, harassing, excessively
violent or otherwise objectionable material, or any material that is, or may
be, protected by copyright, without permission from the copyright owner; (ii)
use the FOX web site to violate the legal rights (including the rights of publicity
and privacy) of others; (iii) intercept or attempt to intercept electronic mail
not intended for you; (iv) misrepresent an affiliation with any person or organization;
(v) restrict or inhibit other users of the FOX web site; (vi) upload or otherwise
transmit files that contain a virus or otherwise corrupted data; or (vii) download
a file or include in a message any software, files or links that you know, or
have reason to believe, cannot be distributed legally over the FOX web site
or that you have a contractual obligation to keep confidential (notwithstanding
its availability on the FOX web site).
Any content and/or opinions uploaded, expressed or submitted to a message
board, chatroom or any other publicly available section of the FOX web site,
and all articles and responses to questions, other than such content provided
by FOX, are solely the opinions and responsibility of the person or entity submitting
them and do not necessarily reflect the opinions of FOX. You understand and
acknowledge that you are responsible for whatever content you submit, and you,
not FOX, have full responsibility for such content, including its legality,
reliability, and appropriateness. By uploading or otherwise transmitting material
to any area of the FOX web site, you warrant that the material is your own,
is in the public domain, or otherwise free of proprietary or other restrictions
and that you have the right to use it, including by posting it to the FOX web
site. You grant to FOX the right to use all such content you upload or otherwise
transmit to the FOX web site in any manner FOX chooses, including but not limited
to copying, displaying or performing, or publishing it in any format whatsoever,
and modifying it, incorporating it into other material or making a derivative
work based on it.
FOX reserves the right, but does not assume any responsibility, to remove
from the FOX web site any material posted by you on the FOX web site which FOX,
in its sole discretion, deems inconsistent with the foregoing commitments, including
any material FOX has been notified, or has reason to believe, constitutes a
copyright infringement. However, FOX can neither review all material prior to
transmission on the FOX web site nor ensure prompt action with respect to objectionable
material after it is transmitted on the FOX web site. Accordingly, FOX assumes
no liability for any action or inaction regarding transmissions, communications,
or other content that is provided by third parties.
Your failure to comply with the above provisions may result in the termination
of your password to the FOX web site and may expose you to civil and/or criminal
liability.
Content
The information contained herein has been obtained from sources believed to
be reliable, but its accuracy and completeness are not guaranteed. FOX reserves
the right at anytime and without notice to change, amend or cease publication
of the information. It has been prepared solely for informative purposes. FOX
may also make improvements and/or changes in the products and/or the programs
described in this information at any time without notice.
News feeds, market quotes and other links on this web site are provided by
independent third parties and are not guaranteed to be accurate, complete, or
timely. Neither FOX nor independent third party providers shall have any liability,
contingent or otherwise, for the accuracy, completeness, timeliness or correct
sequencing of the Information, or for any decision made or action taken by you
in reliance upon the Information. The news, market quotes and links provided
are shown for your convenience only. Linked sites are independent and are not
owned or operated by FOX. FOX does not endorse any linked sites, nor does FOX
guarantee the timeliness, accuracy, completeness, or adequacy of any information
posted on the linked sites. FOX does not necessarily agree with any opinion,
outlook, or forecast stated on any linked site. FOX reserves the right to terminate,
modify or change the links, news sources and market quote sources at any time
without notice.
No Recommendation
The FOX web site is provided for informational purposes only and shall not be
construed to be a recommendation to buy or sell securities. Nothing on this
web site shall be considered a recommendation or solicitation to buy or an offer
to sell a security to any person in any jurisdiction where such offer, solicitation,
purchase or sale would be unlawful under the securities laws of such jurisdiction.
Any investment decisions you may make on the basis of any information found
on this web site is your sole responsibility.
FOX does not represent, warrant, endorse or guarantee any advertised products
or services, and the identification or listing of products, services, links
or other information on the FOX site or any linked site does not constitute
or imply any sponsorship, affiliation or recommendation by FOX. You assume all
responsibility and risk associated with the use of the FOX service and the Internet
generally.
Disclaimer and Limitation of Liability
THE FOX SITE AND INFORMATION PROVIDED ON THE SITE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER FOX NOR ANY PERSON ASSOCIATED
WITH FOX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY
OR AVAILABILITY OF THE FOX SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING,
NEITHER FOX NOR ANYONE ASSOCIATED WITH FOX WARRANTS OR REPRESENTS THAT THE FOX
WEB SITE OR THE INFORMATION PROVIDED ON THAT WEB SITE WILL BE ACCURATE, RELIABLE,
ERROR-FREE, UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE FOX SITE
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
OR THAT THE FOX SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. FOX DISCLAIMS
ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN NO
EVENT WILL FOX OR ITS CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER
ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY
TO USE, THE FOX SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION
OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE FOX WEB SITE OR THE CONTENT TRANSMITTED ON THE FOX WEB SITE, WHETHER
OR NOT THERE IS NEGLIGENCE BY FOX AND WHETHER OR NOT FOX HAS BEEN ADVISED OF
THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME OF THE FOREGOING EXCLUSIONS ARE NOT PERMITTED IN CERTAIN STATES OR COUNTRIES,
AND MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold harmless FOX, its affiliates, agents, third-party
information providers, merchants, licensors and others involved in the delivery
of the FOX web site or the delivery of products, services or information over
the FOX web site, and their respective officers, employees and directors, from
and against any and all liabilities, expenses, damages, and costs, including
reasonable attorney's fees, resulting from any violation by you of this Agreement
or otherwise arising out of your use of the FOX web site.
Privacy; Protection of Personal Information
FOX's use of your personal information is in accordance with our privacy policy
and is incorporated into by reference into these Terms of Services.
Comments and Submissions
FOX welcomes your comments. All comments, suggestions or other information sent
by you to this site (other than postings to publicly available portions of this
site such as message boards or chat rooms) are for internal use by FOX or its
advertisers or business partners or in response to solicitations on this site,
will become FOX's property, you agree that all intellectual property rights
therein are transferred to FOX.
Compliance
This site is operated from a site in the State of Illinois, USA. FOX makes no
representation that materials in this site are appropriate or available for
use in other locations. If you access this site from other locations, you are
responsible for complying with local laws.
Contact
Please contact us at Family Office Exchange LLC, 312-327-1200 or e-mail to fox@familyoffice.com if you become aware of any content that you believe to be in violation of these
Terms of Services, including without limitation, claims that any content on
the FOX web site infringes the copyright of a third party.
Miscellaneous
These Terms and Conditions shall be governed in all respects by and construed
in accordance with the laws of the State of Illinois, USA, without regard to
its conflicts of law principles. These Terms and Conditions, as they may be
amended from time to time, completely and exclusively state the agreement between
you and FOX with respect to the FOX web site, and no other terms that may have
been communicated to you orally or in any other manner shall have any force
or effect. Any cause of action you may have with respect to the FOX web site
must be commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. Exclusive jurisdiction over any
cause of action arising out of these Terms and Conditions or your use of the
FOX web site shall be in either the Circuit Court of Cook County, Illinois,
or the Federal District Court for the Northern District of Illinois. You agree
to submit to the jurisdiction of such courts.
If any part of these Terms and Conditions is unenforceable, the unenforceable
part shall be construed to reflect, as nearly as possible, the original intentions
of the parties. The other provisions of these Terms and Conditions shall remain
in full force and effect.
FOX's failure to insist upon or enforce strict performance of any provision
of these Terms and Conditions shall not constitute a waiver of the provision.
Neither a course of dealing or conduct between you and FOX nor any trade practices
shall be deemed to modify these Terms and Conditions.
Personal Information
Internally, any personal information gathered is used to communicate with you,
process and respond to your requests, and provide you with information regarding
the products and services we make available. Personal information is never sold,
rented, or used for other purposes. FOX employees and contractors are bound
by strict confidentiality agreements and any misuse of client information will
be grounds for disciplinary action.
Members Only
To access the Members Only portion of our site, FOX members are assigned a username
and password. "Cookies" are used to verify this identification information when
logging onto this portion of our site. Cookies are identifiers which a website
can send to your browser to keep on your computer, and contain information such
as a user ID that allows access to secure portions of a site, or to track the
pages you've visited.
Surveys
From time to time, our site requests information from users via surveys. Participation
in these surveys is completely voluntary and the user therefore has a choice
whether or not to disclose this information. Information requested may include
contact information, demographic information, and other data in answer to survey
questions. Survey results will be used for purposes of gathering industry data
for FOX members, or for monitoring or improving the use and satisfaction of
this site.
Links
This website contains links to other sites. Please be aware that FOX is not
responsible for the privacy practices of such other sites. We encourage our
users to be aware when they leave our site and to read the privacy statements
of other sites that collect personally identifiable information. This privacy
statement applies solely to information collected by this site.
Affiliates
On occasion, FOX will rely on third party affiliates to assist us in providing
the services and products we offer to you. For example, we may call upon one
or more affiliates to assist us in providing a group discount on services and
products for FOX members. Any affiliate receiving information from FOX will
receive only the minimal amount of information necessary to support the services
offered by FOX, and will be contractually obligated to preserve that information
in confidence. These affiliates will be contractually prohibited from using
any information supplied to them for any purpose other than to support FOX services.
Contact
Occasionally, we may contact you regarding products and services that we believe
would be of interest to you. If you would like to request that we not contact
you, please send an e-mail to jcisek@familyoffice.com.
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