THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. Limited License to Access and Use the Site
Socium grants you a limited, nonexclusive license to display and otherwise use portions of the Site solely for your own private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use. You must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer, or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software, or code obtained from the Site. Use of our trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from such use of ours trademarks inures to our benefit.
Except as specifically permitted herein, nothing contained in the Agreement or the Site grants or will be construed to grant to you or any third party any right, title, or interest in, or any license or right to access, use, or reproduce, any image, text, software, code, trademark, logo, or service mark contained in the Site, including, without limitation, the name or logo of Socium or any of our affiliates. Socium reserves, and will enforce to the fullest extent possible, all rights that we may have with respect to copyright, trademark, trade dress, and other intellectual property ownership of all materials contained in the Site.
Any violation of the Agreement may result in an immediate revocation of your access to the Site and may subject you to liabilities for breach. In addition, we are under no obligation to accept any individual as user of the Site, and may accept or reject any user in our sole and complete discretion.
The Site is available for individuals 18 years or older. By accessing and using the Site, you represent and warrant that you are at least 18.
3. No Unlawful or Prohibited Use
As a condition of your use of the Site, you warrant to Socium that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You will not send us false or misleading information. You will not use the Site to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme. You will not access or use the Site to collect any market research for a competing business. You will not e-mail, transmit, or otherwise send us any content that: infringes any copyright, trademark, right of publicity, or other proprietary or contractual rights of any person or entity; or is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;. You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Site. You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file. You will not use any automated device or software that enables automatic submissions to the Site without human intervention or authorship. You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means.
Please let us know about inappropriate content. If you find something that violates our Usage Guidelines, let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Site, or any portion of the Site, without notice and remove any content that does not adhere to these Usage Guidelines.
4. Important Disclosure For All Persons Accessing This Site
The contents of the Site are provided for informational purposes only and contain information prepared in good faith by Socium. No information on the Site should be construed as investment or financial advice. The Site is limited to the dissemination of general information pertaining to Socium’s services.
This Site does not constitute an offer to sell or the solicitation of an offer to purchase any securities. Information contained on this Site is accurate only as of its date, regardless of the time of delivery, and does not purport to be complete, nor does Socium undertake any duty to update the information set forth on this Site. No information or material available through the Site is to be relied upon for the purpose of making or communicating investment or other decisions.
The information contained on this Site does not purport to present a complete picture of the financial position, activities, results, actions and/or plans of Socium or any fund or account managed by Socium’s customers. No assurance can be given that investment objectives will be achieved.
The information included on this Site is based upon information reasonably available to Socium as of the date noted. Furthermore, the information included on this Site has been obtained from sources that Socium believes to be reliable; however, these sources cannot be guaranteed as to their accuracy or completeness. No representation, warranty or undertaking, express or implied, is given as to the accuracy or completeness of the information contained on this Site, by Socium, its members, partners or employees, and no liability is accepted by such persons for the accuracy or completeness of any such information.
5. Communications to Us
We shall be free to use for any purpose whatsoever any ideas, concepts, know-how, or techniques contained in any communications you send to us, including, but not limited to, feedback, comments, suggestions, and the like, including, but not limited to, for the development, production and marketing of products and services that incorporate such information, without compensation to you.
6. No Warranties
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER SOCIUM NOR ANY OF ITS AFFILIATES WARRANT THE SUITABILITY, RELIABILITY, AVAILABILITY, ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SITE OR THE MATERIALS PROVIDED ON THE SITE, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE. SOCIUM AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, EXPECTED RESULTS, OR ANY ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. FURTHER, SOCIUM DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL OPERATE ERROR FREE OR IS FREE FROM VIRUSES, WORMS, OR OTHER DESTRUCTIVE OR HARMFUL CODE. SOCIUM MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, OR FINANCIAL DECISIONS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
7. Limitation on Liability
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) SOCIUM AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE SHALL BE LIMITED TO $50.
You agree to defend, indemnify, and hold harmless us, our affiliates, and our and their respective officers, directors, employees, successors, licensees, and assigns from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Site. We shall provide notice to you of any such claim, action, or demand and shall assist you, at your expense, in defending any such claim, action, or demand. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
9. Compliance with Applicable Law
The Site and its servers are based in the United States. We make no claims concerning whether the Site’s content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or its content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
10. Links to Third Party Websites
Socium has not reviewed any of the websites that may be linked to or from the Site, and is not responsible for their content. Socium is not responsible for the privacy practices of such other websites. Your linking to or use of any off-site pages or other websites is at your own risk. Socium’s inclusion of links to other websites does not imply any endorsement of the material located on or linked to by such websites.
11. Termination of the Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
12. Binding Arbitration
In the event of a dispute arising under or relating to this Agreement or the Site (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in the State of New Jersey may enforce the arbitrator’s award. The arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, if applicable, or otherwise pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the “JAMS Rules”). Such disputes will be resolved by the arbitrator as determined under the JAMS Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Short Hills, New Jersey. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
13. Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
14. General Terms
The Agreement is governed by the laws of the State of New Jersey, without reference to its conflicts of laws provisions. You hereby irrevocably and unconditionally consent to the jurisdiction of, and venue shall lie in, any federal or state court located in the State of New Jersey as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site. You expressly agree that the Site shall be deemed passive that does not give rise to personal jurisdiction over Socium, either specific or general, in jurisdictions other than New Jersey.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. The Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Sections 5, 6, 7, 8, 12, 13 and 14 shall survive termination of the Agreement.
Copyright 2016 Socium LLC. All rights reserved.
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