Financial Diligence Networks
1. Registration Requirements
To request an invitation to join the Service you shall be required to provide certain information to Financial Diligence Networks. You agree to provide true, accurate, complete and current information. You are solely responsible for any information you provide in connection with the Service and your use thereof.
2. Content and Links
2.1 Content. The Service contains Content owned or licensed by Financial Diligence Networks (the “FDN Content”) and content that may be provided by users and/or third party providers (all such content, collectively, the “Third Party Content”). For the purposes of this Agreement, FDN Content and Third Party Content are referred to collectively, as “Content”). Financial Diligence Networks does not endorse or approve the Third Party Content and makes all Content available to you only as a service and convenience. Financial Diligence Networks and its third party providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of any of the Content or warrant any results from your use or reliance on the Content. Neither Financial Diligence Networks nor the third party providers are obligated to update any information or opinions contained in any of the Content. Financial Diligence Networks may discontinue offering any Content on the Service at any time without notice.
2.2 Third Party Links. Although the Service may contain links to third party sites, Financial Diligence Networks is not responsible for the content or privacy policies employed by any linked sites. Financial Diligence Networks provides these links as a convenience and does not endorse the companies or contents of any linked sites. Financial Diligence Networks bears no liability for the content appearing on any linked sites; for the use or reliance upon the information that appears upon the linked sites; and/or for the products and/or services offered therein.
3. Intellectual Property Rights
3.2 Trademarks. The trademarks, service marks, and logos of Financial Diligence Networks (the “FDN Trademarks”) used and displayed on the Service are registered and unregistered trademarks or service marks of Financial Diligence Networks. Other company, product, and service names displayed on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the FDN Trademarks, the “Trademarks”). Nothing in the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in the Service without the prior written consent of the applicable Trademark owner specific for each such use. The Trademarks may not be used to disparage Financial Diligence Networks or the applicable third-party, Financial Diligence Networks and/or third-party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Financial Diligence Networks approves the establishment of such a link by prior written consent. All goodwill generated from the use of any FDN Trademark shall inure to Financial Diligence Networks’ benefit.
3.3 Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials made available through the Service infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the Service should be sent to Financial Diligence Networks at:
Goodwin Procter LLP
620 Eighth Avenue
New York, NY 10018-1405
By email: firstname.lastname@example.org
3.4 Feedback. By providing us with feedback, suggestions and/or comments (collectively, the “Feedback”), you acknowledge that you also give to us, without charge, a worldwide, perpetual, royalty-free, non-exclusive right and license to use, share and commercialize your Feedback in any way and for any purpose on the Service. You expressly acknowledge and agree that you will not give Feedback that is subject to a license that requires us to license its software or documentation to third parties because we include your Feedback in them.
4.1 DISCLAIMER OF WARRANTIES. FINANCIAL DILIGENCE NETWORKS, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “FDN PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND/OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE FDN PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICE AND THE CONTENT AT YOUR OWN RISK. THE FDN PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE OR THAT THE SERVICE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO FDN PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
4.2 Service Access and Availability. If the Service was not available for any period or any time, Financial Diligence Networks shall not be liable. Financial Diligence Networks gives no warranties as to the accessibility, performance or availability of the Service. Temporary suspension of access to the Service or service interruption may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure or for reasons beyond our control. Financial Diligence Networks reserves the right to suspend the operation of the Service and/or any part thereof. You agree that neither Financial Diligence Networks nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on the Service.
4.3 No Recommendations or Advice Provided. Financial Diligence Networks does not make recommendations or offer investment advice of any kind. Financial Diligence Networks assumes no responsibility for the Content and/or any Third Party Content.
6. Limitation Of Liability
6.1 LIMITATIONS OF LIABILITY. IN NO EVENT SHALL ANY FDN PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE AND/OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT NONE OF THE FDN PARTIES WILL BE HELD LIABLE FOR ANY INVESTMENT LOSSES OR GAINS ARISING OUT OF AND/OR RESULTING FROM THE SERVICE (INCLUDING THE CONTENT AND THIRD PARTY CONTENT).
6.3 STATE LAW LIMITATIONS. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6.4 CLAIMS LIMITATIONS. YOU AND FINANCIAL DILIGENCE NETWORKS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FINANCIAL DILIGENCE NETWORKS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
7.1 Notice. Financial Diligence Networks may provide you with notices, including those regarding changes to Financial Diligence Networks’ terms and conditions, by email, regular mail or postings on the Service. Notice will be deemed given twenty-four hours after email is sent, three days after the date of mailing, or immediately following notice posted on the Service.