Terms and Conditions

Visitor Agreement

Last Updated: April 24, 2012

This Visitor Agreement is a binding legal agreement between you and the Family Office Exchange (“FOX”). Please read it carefully. By accessing this website (including by automated means), you accept its terms.

General Provisions

The web is an evolving medium. If we need to change the terms of this Visitor Agreement in the future, we will post the revised Visitor Agreement on our site and update the “Last Updated” date, above, to reflect the date of the changes. By continuing to use this website after we post such changes, you agree to the terms of this Visitor Agreement, as modified. If you have comments or questions about our site, please send them to us at help@familyoffice.com.

We reserve the right to deny access to this website, or any service provided via this website, to anyone who violates this agreement or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others. We may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.

The site is provided to you on an “as is” and “as available” basis. We disclaim all responsibility for the availability, timeliness, security, or reliability of the site or any feature or software included in the site.

How You May Use This Content

The materials hosted on the FOX site are made available only for your personal, noncommercial use. All content and other material on this website is the property of FOX and/or its licensors and is protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this Visitor Agreement, you may not copy, distribute, display, reproduce, perform, create derivative works from, or otherwise exploit any of the content or other material on this site. You may display and occasionally print or store a single copy of an individual page of our website for your personal, noncommercial use provided that you keep intact all credits and copyright and other proprietary notices, but you may not otherwise reproduce, store or distribute copies of any content or other material found on this site, in any form (including electronic form), without prior written permission from the copyright owner. For information about requesting permission to reproduce or distribute materials from the site, please either visit our Knowledge Center and review our Content License Agreement or contact us at web@familyoffice.com.

You are free to establish a hypertext link to our site so long as the link does not state or imply that we sponsor, endorse, or are affiliated with you or your website. However, you may not, without our prior written permission, frame or inline link any of the content of our site, or incorporate into another website or other service any of the content or other material you find on our site.

Registration

To access certain areas of our site, you will be required to register as a FOX member or as a user of the FOX Public Network. Our use of any information you provide to us or that we gather while you are visiting our site is governed by the terms of our Privacy Policy

You agree to provide accurate, current and complete information about yourself as prompted by our registration forms.  You may not sell, share or otherwise transfer your registration information.

We reserve the right to reject or terminate use of any username that we deem inappropriate. You are responsible for maintaining the confidentiality of your password, and are responsible for all activities (whether by you or by others) that occur under your username. To protect against unauthorized access to your account, be sure to log out when you finish using the site. Do not disclose your password to any third party. If you believe your account or password has been compromised, you should immediately change your password by logging into your account and accessing the “Change Password” feature. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security of which you become aware.

Your Conduct When Using Our Site

Our site may include features that allow registered users to interact with each other on the site and to post content for display on the site. While we reserve the right to monitor site content, it is up to our registered users to ensure that the comments on FOX remain polite and informative.

Please respect the rights of others to their opinions.  If you see something on the site that you believe is inaccurate, or about which you hold a different opinion, feel free to post a comment in response. By participating in discussions or posting content to FOX, you agree that you will not:

  • Use the site to impersonate any person or entity, or misrepresent your affiliation with a person or entity;
  • Interfere with or disrupt any servers or networks used to provide the site or its features;
  • Use the site to engage in or to instigate or encourage others to engage in illegal activities or to cause injury or damage to any person or entity;
  • Gain unauthorized access to the site, or any account, computer system, or network connected to this site;
  • Use the site to post or transmit any unlawful, threatening, harassing, abusive, libelous, obscene, or pornographic content;
  • Use the site to post or transmit any information or content that violates or infringes the rights of others, including information or content that invades the privacy or violates the right of publicity of any person or that is protected by copyright, trademark or other proprietary right, without permission;
  • Use the site to post or transmit any content or material that contains a virus or other harmful component;
  • Use the site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, unless we have authorized such use;
  • Gather for marketing purposes any email address or other personal information that has been posted by other users of the site;
  • Engage in personal attacks, harass or threaten another user, or deliberately disrupt any discussion on the site;
  • Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; or
  • Use any automated mechanism to collect information from our site in any manner that fails to respect the Robots Exclusion Protocol

Your Responsibility for Information and Content You Submit

You acknowledge that you are solely responsible for the text, comments, and other information and content that you post on or submit to this website, or share with others using this site.  By submitting or posting information or content to FOX, you represent and warrant: (1) that you are 18 years of age or older; (2) that you are the owner of all content you submit or are making your posting or submission with the express consent of the owner; (3) that the content you post or submit will not violate or infringe the rights of others; (4) that the information and content you post or submit will not violate the rights of, or cause injury to, any person or entity; and (5) that you will indemnify and hold harmless us and our directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of any information or content that is displayed on or submitted via the site by you or by others using your username and password.

You alone are responsible for the information and content you post or submit to FOX.  We do not control the information or content that you or others may post or submit to or otherwise transmit through the site.  You are responsible for creating backup copies of any information or content you submit or post to our site. We will not be responsible for the deletion of, or the failure to store, display or transmit, any information or content submitted by you.

You understand that we have no obligation to monitor any areas of the site through which users can supply information or content. However, we reserve the right, in our discretion, to screen user submissions and to edit, move, delete, and/or refuse to accept any submissions that in our judgment violate this Visitor Agreement or otherwise are unacceptable or inappropriate, whether for legal or other reasons.

Our Rights to Use and Disclose Content You Submit

When you submit any material to our site, you are not giving up any ownership rights you otherwise have in such content. However, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you by username as the author of any of your submissions. You understand that technical processing of the site, including content you submit, may involve transmission over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for our use of any materials you submit.

We may preserve content you submit, and may disclose such content if required to do so by law or if, in our judgment, such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce this Visitor Agreement; (c) to respond to claims that any content you submit violates the rights of third parties; or (d) to protect the rights, property, or personal safety of our site, us, our affiliates, our officers, directors, employees or representatives, our licensors, other users, and/or the public.

Online Commerce

Certain sections of this site may allow you to purchase products and services that are provided by FOX and/or third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of third-party products or services.  If you make a purchase from a third party on our site, or on a third-party website that you have accessed via a link on our site, the information obtained during your visit to that provider partner’s online store or site, and the information that you provide in connection with the transaction may be collected by both the provider partner and us. A provider partner may have privacy and data collection practices that are different from ours.  We are not responsible for the privacy and data collection practices of these provider partners. When you purchase products or services on or through the site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services.  For more information regarding a provider partner, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that provider partner’s website or contact the provider partner directly.  You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or any of our affiliates, arising from your purchase or use of any products or services made available by third parties through the site.

The products available on our site are  not available in physical form.  Items purchased from our Knowledge Center are digital and will be made available for downloading or via streaming media after completing your purchase.  Learning Events that are purchased are for registrations for a future live event.  No purchase will result in a physical item being shipped to any physical address that you may provide.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the site. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so.  When making a purchase for a third party that requires you to submit the third party’s personal information to us or a provider partner, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Trademarks and Service Marks

FAMILY OFFICE EXCHANGE®, FOX™, OFFICE COMPLEXITY INDEX®, FAMILY OFFICE BLUEPRINT®, VOICE OF THE WEALTH OWNER®, WEALTH ADVISOR FORUM™, FINANCIAL EXECUTIVE FORUM™, FOX EXECUTIVE COUNCIL™, FOX SENIOR MANAGEMENT COUNCIL™, FOX INVESTMENT COUNCIL™, OWNER/OPERATOR COUNCIL™, BUSINESS OWNER COUNCIL™, GLOBAL FAMILY COUNCIL™, FINANCIAL EXECUTIVE COUNCIL™ and MULTI-FAMILY OFFICE COUNCIL™ are service marks and trademarks of Family Office Exchange.  The names of other products and services referred to on the site may be the trademarks or service marks of their respective owners.  You may not use any trademark or service mark appearing on this site without the prior written consent of the owner of the mark.

Notice of Copyright Infringement

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed on this website in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Family Office Exchange, 100 S. Wacker Dr., Suite 900, Chicago, IL  60606, or by email to web@familyoffice.com.  Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed; (2) a description of the location of the allegedly infringing material on this site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.  Please note that the contact information provided in this paragraph is for suspected copyright infringement only.  Contact information for other matters is provided elsewhere in this Visitor Agreement or on the site.

Disclaimers

General

Throughout our site, we may provide links and pointers to websites maintained by third parties.  Our linking to such third-party sites does not imply that we endorse or sponsor such sites, or the information, products or services offered on or through the sites.  Neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control any information, products or services that third parties may provide on or through our site or on websites to which we link. 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 our site or on any website to which we link 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 site and the Internet generally.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING PUBLIC POSTING AREAS, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF USE OF THIS SITE OR MATERIALS ON THIS SITE OR ANY INFORMATION OR CONTENT MADE AVAILABLE ON OR VIA THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Your interactions with companies, organizations, advisors and/or individuals found on or through our site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations, advisors and/or individuals.  You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.  You also agree that, if there is a dispute between users of this site, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and our affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such dispute and/or our site.

If you are dissatisfied with the site, or any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site.

FOX Advisor Directory

The content on this site, including opinions, data and other information, is provided by FOX for your personal information only, and is not intended to be a recommendation or endorsement of any investment advisory firm, nor is it intended to be used for trading or investment purposes or as an offer to sell or the solicitation of an offer to buy any securities, financial products or investment advisory services.  FOX is not an investment adviser or broker-dealer and does not provide investment advice or recommendations to buy or sell securities, to hire any investment advisor or to pursue any investment or trading strategy.

The information contained in the advisor directory profiles, reports, presentations and other information on this site has been provided to FOX by third parties. FOX does not guarantee the accuracy of or endorse the views or opinions given by any third party content provider to this site. FOX shall not be liable for any errors, inaccuracies or delays in such content, or for any actions taken in reliance thereon.

FOX does not assume any responsibility or liability for information accessed via links to or from third party sites. The existence of such links should not be construed as an endorsement, approval or verification by FOX of any content available on linked sites. FOX provides these links as an accommodation to you and solely for information purposes. By providing access to other sites, FOX is not recommending the purchase or sale of products or services provided by the sponsoring organization of any linked sites. FOX does not review, monitor or supervise the content of any linked sites. If you choose to access a linked site, you do so at your own risk.

FOX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ANY CONTENT PROVIDED, OR AS TO THE FITNESS OF THE INFORMATION FOR ANY PURPOSE.

The listing of any firm in the advisor directory, as well as any related profile, report, presentation or other information on this site does not constitute a recommendation or endorsement by FOX of any firm listed therein, nor does it constitute any form of investment, legal or tax advice. The information contained in any profile, report presentation or other information regarding Advisers has been provided by such advisor without independent verification by FOX. Accordingly, FOX makes no representation or warranty as to the accuracy or completeness of such information and assumes no liability for any inaccuracies or omissions therein.

Knowledge Center

Certain of the information contained in the Knowledge Center section of our site is supplied by third parties.  FOX does not assume any responsibility or liability for information contained therein.  FOX does not guarantee the accuracy of or endorse the views or opinions given by any third party content provider to this site.  FOX shall not be liable for any errors, inaccuracies or delays in such content, or for any actions taken in reliance thereon.  Nothing contained herein should be interpreted as a recommendation or endorsement by FOX that you should make any purchase or sale or participate in any transaction, or hire any investment advisory firm.

Limitations of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE BE LIABLE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES MADE AVAILABLE ON OR THROUGH THIS SITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY STATE LAW.

Indemnification

You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the site, violation of this Visitor Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us. We will make reasonable efforts to provide you with notice of any such claim, but our failure to provide such notice will not relieve you of these obligations.

Miscellaneous

This agreement constitutes the entire agreement between us and you with respect to the subject matter of this agreement and supersedes all previous and contemporaneous agreements, proposals and communications on this subject, whether written or oral. This agreement is personal to you, is not intended to benefit any third party, and does not create any third party beneficiaries.You may not assign this agreement to anyone.

This agreement will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. By using this site, you consent to the exclusive jurisdiction and venue of the state and federal courts in Cook County, Illinois in all disputes arising out of or relating to this agreement or use of this website. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the site or this Visitor Agreement must be filed by you within one year after such claim or cause of action arose or be forever barred.

This site is operated from a site in the State of Illinois. FOX makes no representations that materials on 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.

If any provision of this Visitor Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of this Visitor Agreement will remain in full force and effect.

The waiver or failure of FOX to exercise any right provided for herein will not be deemed a waiver of any further right hereunder.

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