NICHE MFO TERMS AND CONDITIONS OF USE
Last Updated: May 16, 2018
PURPOSE AND ACCURACY OF SITE CONTENT
- Purpose and Accuracy. The Content is provided by us and certain third parties and is for informational purposes only. The Content has been obtained from, or is based on, sources believed by us to be reliable, but is not guaranteed as to its accuracy or completeness. The Content is provided without obligation on our part and on the understanding that any person or entity who acts upon it or changes his, her or its investment position in reliance on it does so entirely at his, her or its own risk. The Content is current only as of the date it is first posted and may no longer be true or complete when viewed by you. Additionally, the Content may be changed or amended without prior notice, but we do not undertake any obligation to update any Site or Content.
- Target Audience. The Content is directed only at persons or entities in the jurisdiction(s) where access to such Content and use of such Content is not contrary to any applicable law or regulation. Accordingly, you are responsible for informing yourself of and complying with any such restrictions.
- No Offer. Nothing on the Site constitutes, or is intended to constitute, an offer (or an invitation to make an offer) to buy, sell or otherwise transact in any investment fund and/or strategy or investment referred to on the Site, to transact in any other security or financial instrument, or to provide any investment services or advice in any jurisdiction.
- No Advice. Nothing on the Site constitutes, or is intended to constitute, a personal or professional investment recommendation or investment advice of any kind. Unless separately and expressly agreed, we neither provide investment advice to, nor receive and transmit orders from, nor carry on any other investment services and activities for you or any Site users.
SITE ACCESS AND USE
Your right to access and use the Site applies only to your personal, non-commercial use of the Site. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
If you wish to make any use of material on the Site other than that set out in this section, please address your request to: email@example.com.
- Prohibited Use. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. If you improperly use the Site, we may aggressively enforce our intellectual property and other rights to the fullest extent of the law.
- must treat all registration information as confidential and must not disclose it to any third party or allow any third party to access any Site using your login name and password;
- are prohibited from using anyone else’s login name or password;
- are responsible for any use of the Site by any third party who accesses the Site using your login name and/or password; and
- shall notify us immediately if you suspect any unauthorized use of the Site or of your login name and/or password.
- Geographic Limitations. Using the Site may be prohibited or restricted in certain countries or jurisdictions. Registration for and use of the Site are void where prohibited. To the extent that the Site is not legal in your jurisdiction, you may not use the Site. If you access or download any information from the Site in breach of any law or regulation of the jurisdiction in which you reside or are currently located, we disclaim all responsibility for such behavior to the greatest extent permitted by law.
If you use the Site from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Site. In addition, by using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country for which the United States has embargoed goods. By using the site, you also represent that neither you nor your affiliates have been (a) identified by the United States Department of Treasury as a “Specially Designated National” or (b) placed on the United States Commerce Department’s Table of Deny Orders.
- Interference of Service. You must not interfere with or disrupt the Site or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any the Site is rendered or displayed in a User’s browser or device.
- Content Removal. Niche MFO reserves the right, but has no obligation, to monitor the information or material you submit to the Site or post in the public areas of the Site. Shuttle has the right to remove any such information or material that, in its sole opinion:
- violates, or may violate, any applicable law,
- upon the request of any third party.
- Ownership of The Content. You may download or copy parts of the Content only to the extent such download is expressly permitted in writing on the Site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Site or any related software.
- License to Posted Content. By submitting information or content to your account, you automatically grant, and you represent and warrant that you have the right to grant, to the Site and its users, an irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
INVESTMENT IN ANY OF THE FUNDS AND/OR STRATEGIES DESCRIBED ON THE SITE CARRIES SUBSTANTIAL RISK, INCLUDING THE POSSIBLE LOSS OF PRINCIPAL. THERE IS NO GUARANTEE THAT THE INVESTMENT OBJECTIVES OF THE FUNDS AND/OR STRATEGIES WILL BE ACHIEVED AND RETURNS MAY VARY SIGNIFICANTLY OVER TIME. INVESTMENT IN THE FUNDS AND/OR STRATEGIES DESCRIBED ON THE SITES IS NOT SUITABLE FOR ALL INVESTORS.
PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS.
INVESTORS SHOULD ONLY INVEST IN A FUND ONCE THEY HAVE THOROUGHLY REVIEWED THE PROSPECTUS AND KEY INVESTOR INFORMATION OR OTHER OFFERING DOCUMENT FOR THE FUND AND CAREFULLY CONSIDERED THE RELEVANT INVESTMENT OBJECTIVES, RISKS, CHARGES AND FEES. INVESTORS MAY WISH TO CONSULT AN INDEPENDENT FINANCIAL ADVISOR FOR PERSONAL AND SPECIFIC INVESTMENT ADVICE BEFORE INVESTING.
We and our partners, officers and/or employees may have holdings in the investment funds that are referred to on the Site and may otherwise be interested in transactions that you effect in those funds.
DISCLAIMER OF WARRANTY
THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SHUTTLE NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “NICHE MFO PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO NICHE MFO OR VIA THE SITE. IN ADDITION, THE SHUTTLE FUND PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE NICHE MFO PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE NICHE MFO PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITE; (B) THE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE DELIVERY OF THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE NICHE MFO PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE SHUTTLE FUND PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE SHUTTLE FUND PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE SHUTTLE FUND PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF SHUTTLE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE SHUTTLE FUND PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE NICHE MFO PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
NICHE MFO IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with Niche MFO must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
GOVERNING LAW & VENUE
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Site, please notify Niche MFO at firstname.lastname@example.org as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing: 1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 2. Identification of the copyrighted work that you claim is being infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Site; 4. Information reasonably sufficient to permit Shuttle to contact you, such as your address, telephone number, and e-mail address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to Niche MFO.