TERMS AND CONDITIONS FOR USE OF PRODUCTS AND SERVICES PROVIDED BY FAMILY OFFICE LISTS LLC
ALL SALES ARE FINAL – WE APPRECIATE YOUR UNDERSTANDING.
These terms and conditions (“Terms and Conditions”) administer the use of this website provided by Family Office Lists LLC (“FOL”) and the Service and/or product (as hereinafter defined and together termed the “Product”) by the person who uses the Product, having signed up for and/or purchased the Product (the “User”), and the company or other organization with or for whom the User works is affiliated or employed, and for which the User’s use of the Product relates (the “Client Organization”) (hereinafter together termed the “Client”). The Product refers to both paid and free versions or portions of the site. Use of this website constitutes the Client’s acceptance of these Terms and Conditions and acceptance takes effect immediately on first use of the Product. Acceptance of these Terms and Conditions constitutes full acceptance of all these Terms and Conditions, and agreement to be bound thereby. FOL reserves the right to amend these Terms and Conditions at any time and the Clients continued use of the Product implies consent to any updated Terms and Conditions. FOL hereby agrees to furnish the Client and the Client hereby agrees to license and utilize this online Product from FOL (the “Product”) only in accordance with these Terms and Conditions. The Product consists of any and all information made available to the Client on FOL website.
The Agreement and any modification thereto shall be governed and construed under the laws of the United States of America. The Client agrees to the exclusive jurisdiction of the American courts.
Use of Product
FOL grants the User a limited, non-exclusive, non-transferable license to access and utilize the website solely for its own internal or personal purposes. The User agrees not to copy the data in whole or in part, for the purpose of publishing the information, reselling the information or for retaining a local copy of the data to use as an in-house data source or to further populate an existing in-house database, including but not limited to contact and e-mail lists. The use of any content available on any of the FOL websites must be in accordance with these Terms and Conditions.
The Product is for information purposes only and does not constitute and should not be construed as a solicitation or offer, or recommendation to acquire or dispose of any investment or to engage in any other transaction, or advice of any nature whatsoever. If the Client seeks advice rather than information it should seek an independent advisor and hereby agrees that it will not hold FOL responsible in law or equity for any decisions of whatsoever nature the Client makes or refrains from making following its use of the Product.
While FOL uses reasonable efforts to obtain information from sources which it believes to be reliable, FOL makes no representation or warranty that the information or products contained in the Website are accurate, reliable, up-to-date or complete. The Client acknowledges that FOL has used a variety of public and other sources to create the Product, and that if the Client believes that any of the information contained therein is inaccurate or misrepresented, the Client will bring this to the notice of FOL, provide information to assist FOL in correcting any such deficiencies or errors, and that the Client will take no further action in law or equity with respect to such inaccurate or misrepresented information or the Client’s belief thereof. The Client further agrees that FOL will attempt to rectify such errors in good faith, and that such action will be deemed to fulfill FOL and its agents’ obligations to the Client. The information and opinions contained in the website are provided by FOL for the Client’s personal use and informational purposes only and are subject to change without notice. Nothing in the Product constitutes, and nor should it be construed as, investment, legal, tax or other professional advice and it should not be relied on in making an investment or any other decision. FOL does not provide investment advice and no portion of the data provided should be used for making investment decisions. The Client should obtain relevant and specific professional advice before making any investment decision.
Use of Data
Except as expressly permitted hereunder, the Client may not duplicate or redistribute any Data obtained from FOL into hard copy, machine readable formats, or any other form without written authorization from FOL. The Client will not publish, resell or disclose any Data. The Client also agrees not to download, nor knowingly permit any third party, to download Data onto computers, discs, diskettes, or any other media other than into temporary storage for printing purposes, except as specifically authorized in the Download Agreement. In the event of a suspected breach or violation of any of the foregoing conditions, or in the event the Client becomes aware of a threat to any FOL copyright, the Client shall cooperate with FOL to protect FOL copyrights by assisting in identifying to whom copies of such Data have been supplied.
The Product may include the ability to enable the Client to download listings in spread sheet or other format of information related to the financial firms and people included in the Product, either including or excluding address, and e-mail information. The data and information derived from such data downloads is for use exclusively by the Client, and may not be disclosed, transmitted or passed to any third party without the prior written approval of FOL. Furthermore, the data and information derived from such data downloads may not be used by the Client for the purposes of mass mailing, taken here to mean the sending of either letters or e-mails of essentially the same content to more than one thousand separate recipients within a one week time frame, without the prior written approval of FOL.
The User acknowledges that the Product and any data contained therein including, but not limited to, names, addresses, phone, fax, and e-mails are strictly for personal or internal business use and may not be used for mass mailings as described above.
Use of Product
The Client undertakes not to copy and not to modify the Product in whole or in part, nor commercially to exploit the same, and that it will not disclose any Data received by it through its use of the Product to any third party outside the Client’s organization. Usernames and passwords are personal to the individual User, and multiple Users within a single Client Organization will each require an individual username and password. The Client undertakes not to reveal the Client’s username or password to any other person (either body corporate or natural) and acknowledges that any breach of security resulting in the use of its username and/or password by any third party constitutes material breach of the terms of the Agreement. The Client further acknowledges that the Client will be liable, and FOL will be entitled, to proportionate compensation from the Client, therefore: such compensation in all cases will exceed the subscription fee that would, ceteris paribus, apply to the use of the Product by such third party or third parties.
The Client hereby agrees that FOL may adjust the Data in a manner that will allow FOL to uniquely identify Data provided to the subscriber. The Client accepts that this is a legitimate security precaution on the part of FOL, and accepts further that in the event that any third party has access to Data that can be identified as having the Client’s unique adjustments, a first indication breach of security and of these Terms and Conditions and the Agreement on the part of the Client may be assumed by FOL. In the event that the Client suspects that its username or password has become known to any third party, it is the responsibility of the Client to, and the Client undertakes that it will, promptly inform FOL, change its password, and take all reasonable steps to preserve the secrecy of its new password. Except as expressly permitted hereunder, the Client may not, and hereby agrees that it will not, disseminate the data to other individuals or companies in any manner.
Clients, users, and firms listed or wishing to be listed on the FOL website are invited to contribute data to FOL. Such data contributions are voluntary, however any Client or user so contributing data acknowledges that, unless a specific written agreement to the contrary has been entered into by FOL any data so contributed may be used by FOL without restriction, other than its usual practice of taking reasonable efforts to ensure that such data is accurate and correct. In submitting such data the Client or user hereby agrees that it does not breach any confidentiality agreement, copyright or intellectual property right (at law or in equity) and acknowledges that FOL may use such data as Data forming part of the Product and assume copyright thereof. FOL reserves the right to review or screen Content posted or submitted to the Site and to remove, edit, or refuse to post any Content.
Ownership of Product
The User acknowledges that the data, copyrights, title and other intellectual proprietary rights – including, but not limited to, the search methodologies, data fields, layout of the search results – shall remain the property of FOL.
When the Client or User accesses certain links in the FOL website it may leave the FOL website. FOL has not reviewed any of the websites linked to the FOL website and does not endorse or accept any responsibility for the content of such websites, nor the products or services or other items described on or offered by such websites, nor the data protection practices of or policies on such websites. All risk associate with the Clients use of links to third-party websites is assumed solely by the client.
Limitations of Liability
While FOL uses reasonable efforts to prepare and provide the Product to the Client, neither FOL nor its agent shall be liable for any failure or inability to provide the Product due to any event, condition or circumstances beyond FOL reasonable control. In providing the Data, FOL relies upon sources that it believes to be reasonably accurate, but Client agrees that FOL cannot and will not verify the accuracy, completeness or timeliness of the Data or any work or product or projections based upon such Data. The User acknowledges that the Data is derived from a variety of public sources and private sources for which the reliability may not be accurately ascertained. The Client acknowledges that any information derived from the Product is intended only for general research purposes.
FOL provides to the Client the Product and Data hereunder on an “as is” basis and without warranty of any kind. The Client hereby waives all other warranties either expressed or implied, including but not limited to any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, security or accuracy, compatibility, non-infringement or otherwise, including time of performance. FOL does not warrant that the provision of the Product or Data will be uninterrupted or error or virus free, nor do they make any warranties (express or implied) as to any results use of the same. The Client expressly agrees that it uses the Product and Data at its own sole risk. Accordingly, neither FOL nor its agent nor the Suppliers will in any way be liable to the Client or any other entity for any inaccuracies, errors, omissions, delays, damages, claims, liabilities or losses, regardless of cause, in or arising from the use of the Product or Data, or for any damage or delays to the Client’s hardware, software or data caused by or incidental to the use of the Product.
Neither FOL nor its agents shall be liable for any loss or damage resulting directly or indirectly from mistakes, omissions, interruptions, delays, errors, any act, event, or defect, whether human or mechanical, occurring in the course of furnishing the Product or Data including, but not limited to, computer virus, online failure, failure of performance by third parties, fires, explosions, floods, labour disputes or mechanical breakdown. Notwithstanding the foregoing, if FOL. and/or its agent is deemed liable to the Client for any reason, whether arising in contract, tort, strict liability or otherwise, FOL total liability including that of its agent hereunder shall be limited to the lesser of one thousand dollars (USD) or an amount no greater the total subscription costs and fees previously paid by the client to FOL. FOL shall not be liable for any special, consequential, exemplary or punitive damages, including, but not limited to, lost profits, whether or not it or they are aware of the possibility thereof. The Client further agrees that no action, regardless of form, arising from or pertaining to the Product or Data may be brought by the Client more than six (6) months after the event giving rise to such action has occurred.
The Client shall defend, indemnify and keep indemnified and hold FOL and its agents and Suppliers harmless against any claim, liability, loss, injury, damage, cost or expense (including, but not limited to, reasonable legal fees) incurred by FOL or its Suppliers arising from the Client’s (or that of any unauthorized user using the Client’s username or password) access or use of the Product, unless such claims or damages result from the gross negligence or willful misconduct of FOL in providing the Product to the Client.