TERMS OF USE
Welcome and thank you for using Women in Funds! We offer two platforms through the Women in Funds websites (collectively, the “Site”):
(a) an informational platform (“Women in Funds Public Site”) where Women in Funds provides information about the organization; and
(b) a members-only platform (“Women in Funds Private Site”) where members of Women in Funds (“Members”) gain access to member benefits including the member forum where Members can post comments, join groups, chat with other members, read the blog, access articles, search topic content, access private event invitations, and access the members only CLE podcast programming (“Member Benefits”)
Women in Funds, the Site, and any other services we offer, including our events, CLE podcast, WhatsApp group, and volunteer opportunities are referred to herein as the “Services”.
These Terms of Use (the “Terms of Use”) govern your access to and use of the Services, so please read them carefully before using the Services. Our Terms of Use help ensure that our Services work smoothly for you, for our other users.
What we do
Women in Funds:
Women in Funds is a private membership program and social community that provides women in the investment fund industry and the industries that support it with meaningful opportunities to further their values, make connections, find inspiration to remain engaged in the industry, and become more extraordinary by learning new skills and expanding their network. These opportunities are provided through Women in Funds hosted events, partnerships with sponsoring or supporting organizations, private dinners, connections to game changers, inspiration, educational materials, introductions to members and non-members.
Member – Members have access to our private events, receive Women in Funds emails, and have access to a broader community of investors and innovators.
Sponsors – Sponsors contribute financially to Women in Funds events. Members who are annual Sponsors in the Corporate Sponsor Series are offered private opportunities not available to single Event Sponsors.
Acceptance of Terms of Use
By accessing and using the Site, registering for Women in Funds Private Site or otherwise manifesting your acceptance, you accept and acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which are hereby incorporated by reference. As our business grows we may revise these Terms of Use and the Privacy Policy periodically. If we do, we will post the changes on the Site. Your continued use of the Services after any changes are posted constitutes your acceptance of the new Terms of Use.
These Terms of Use and the Privacy Policy apply to all users of the Services, including, without limitation, Members, Sponsors, and other users who are contributors of content, information, and other materials or services, registered or otherwise (collectively, “Users”).
Age Restriction
You must be at least 13 years of age to use the Services.
To assist you in navigating the Terms of Use for the Private Site, we have broken out the terms.
Member: If you are a Member, Women in Funds gives you access to an expansive community of motivated, senior ranking women and men in the investment fund industry. We introduce you to a broader community of innovators. We inspire, educate and create a thought provoking conversation intended to catalyze the forward momentum of women.
Member Registration/Setting Up An Account: To access Women in Funds and certain other Services, you are required to register for an account (an “Account”) and provide current, accurate, identification, contact and other information.All information provided through the registration process needs to be accurate so that we can provide the Services to you and provide our other users with accurate information when applicable. You are responsible for maintaining the accuracy and completeness of this information and also for maintaining the confidentiality of your username and password (“Unique Identifier”). We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are responsible for all activities that occur under your account, including activities of others to whom you have provided your username or password, and shall notify Women in Funds immediately of any unauthorized use of your account, unauthorized disclosure or distribution of your Unique Identifiers to any third party, or any other breach of security.For security purposes you may not select or use as a username oname: (i) a name of another person with the intent to impersonate that person; (ii) a name that violates the property rights or publicity rights of any other person; or (iii) a name that is otherwise offensive, vulgar or obscene. We reserve the right in our sole discretion to reject the registration or cancel a username.
No Investment or Financial Advice: Users should note that no information made available through the Services should be construed as investment or financial advice. Women in Funds does not provide Users with investment or other advice, and no information or material available by Women in Funds to Users through the Services is to be relied upon for the purpose of making or communicating investment or other decisions. Women in Funds is neither a law firm nor an accounting firm, and no content or communication made available through the Services should be interpreted as legal, accounting, or tax advice.
Payment and Billing: Certain of our Services require the payment of a ticketing fee (the “Paid Services”). By subscribing to or paying for a Paid Service or completing a Platform Transaction through the Site, you are agreeing to pay the amount charged to you by the applicable Service.We use third-party payment processors (each, a “Payment Processor”) to process your credit card payment linked to the transactions on your Account on the Services (your “Payment Account”) for use of the Paid Services or for completion of a Platform Transaction. The processing of payments will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to these Terms of Use. We are not responsible for error by the Payment Processor. By choosing to use Paid Services or by completing a Platform Transaction, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right, but do not have an obligation, to correct any errors or mistakes that it makes even if it has already requested or received payment.The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Payment Account upon demand.If the amount to be charged to your Payment Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Your Commitments to Women in Funds and the Other Participants:
Content:
You are solely responsible for all information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, messages or other materials that you upload, post, publish or display (collectively, “Post”) or email or otherwise transmit or use via the Services.For the protection of all of ours Users, you agree to not use the Services to Post, email or otherwise transmit any content that:
infringes any intellectual property right or privacy or other right of any other person or entity or violates any law or contractual duty;
you know is false, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, vulgar, pornographic, offensive, or is otherwise inappropriate as determined by us in our sole discretion;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
impersonates any person or entity, including any of our employees or representatives; or
includes anyone’s identification documents or sensitive financial information.
or, in the sole judgment of Women in Funds, restricts or inhibits any other person from using or enjoying the Services, or which may expose Women in Funds or its users to any harm or liability of any type.
For the protection of our Services and business, and so that we can continue to provide the Services, you agree not to:
interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
harvest or scrape any content from the Services;
decompile, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application);
modify, translate, or otherwise create derivative works of any part of the Services.
You must comply with all applicable local, state, national and international laws and regulations and you also agree to provide accurate, up-to-date information.
Use of Users Personal Information:You agree not to use the personal information of other Users in any manner other than as expressly permitted herein.
Other Rights That We Have:
Modifications to Services: The Services may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Services (or a part of the Services) from time to time without prior notice to you. Please backup any information you want to keep as we have no responsibility for the deletion or failure to store any data or other content maintained or transmitted by the Services. We reserve the right to terminate Accounts.
User Content: All content added, created, uploaded, submitted, distributed, or posted to the Services by Users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, non-revocable, fully paid, sub-licensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in any media now known or hereafter devised and for any purpose. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including any privacy rights, publicity rights, and any intellectual property or proprietary rights.You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.If you are eligible to use the Services, you are granted a limited license to access and use the Services and the Services Content and to download or print a copy of the Services Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
Services Content: The Services contain content, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Women in Funds (collectively referred to as the “Services Content”). The Services Content may be owned by the Company or by third parties. The Services Content is protected under both United States and foreign laws. Unauthorized use of the Services Content may violate copyright, trademark, patent, trade secret and other laws. You have no rights in or to the Services Content, and you will not use the Services Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from Women in Funds. You must retain all copyright and other proprietary notices contained in the original Services Content. You may not sell, transfer, assign, license, sublicense, modify, scrape, rent or create derivative works from the Services Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Services Content in any way for any public or commercial purpose. The use or posting of the Services Content on any other website or in a networked computer environment for any purpose is expressly prohibited.The trademarks, service marks, and logos of Women in Funds (“Women in Funds Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Women in Funds. Other company, product, and service names use in the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the Women in Funds Trademarks, the “Trademarks”). Nothing in or through the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the 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 the use of the Women in Funds Trademarks inures to our benefit. Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Services Content may be retransmitted without our express, written consent for each and every instance.You acknowledge that all content, including Services Content and User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
Communications with and Submissions to Women in Funds: Although we encourage you to communicate with us through the Services, and/or via email, we do not want you to, and you should not, send us any content that contains confidential information. With respect to all communication you send to us through the Services, and e-mails you send to us, including but not limited to, responses, submissions, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you. You retain all copyrights and other intellectual property rights in and to anything you submit through or post to the Services. You hereby do and shall grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all communications and submissions you provide to us (in an anonymized and aggregate basis) in any media now known or hereafter devised and for any purpose.
Things We Are Absolutely Not Obligated to Do:
Verify Accuracy of Third Party Content and Links:The Services contain third party content and provide links to webpages and content of third parties (collectively, “Third Party Content”). Women in Funds does not control, endorse, investigate, diligence, or adopt any Third Party Content, and makes no representations or warranties in connection therewith. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators.
Term of Agreement and Termination:
Termination: You agree that we may, at our discretion, terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Violation of Terms: If you violate any part of these Terms of Use, your permission to access and/or use the Services Content and the Services automatically terminates.
Disputes with Women in Funds:
ARBITRATION, CLASS ACTION WAIVER, AND WAIVER OF JURY TRIAL – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by these Terms of Use to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
Indemnification:
You shall defend, indemnify, and hold harmless Women in Funds, its subsidiaries and affiliates, and each of their respective officers, directors, employees, advisers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Use, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity.
Disclaimers; Limitations; Limitation of Liability; Release:
Limitation of Liability:IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONSULTANTS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL WOMEN IN FUND’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Release: By using the Services, you agree to release, discharge and hold harmless Women in Funds and its subsidiaries, directors, employees and affiliates (the “Women in Funds Entities”) from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site. If you are a California resident, you waive California Civil Code ¤1542, which says: “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.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
Warranty Disclaimer: THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
Copyright Policy – Intellectual Property Rights:
We respect the intellectual property of others and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please review our DMCA Copyright Policy.
Miscellaneous:
Laws and Arbitration:The Terms of Use constitute the entire agreement between you and Women in Funds and govern your use of the Services, superseding any prior agreements between you and Women in Funds with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Use will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Women in Funds agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF USE. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Women in Funds to enforce any provision of these Terms of Use will not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable, then that provision will be limited to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect. The arbitration agreement will survive the termination of your relationship with us.
Other: Accessing the Services is prohibited from territories where the Content or Services are illegal. If you access the Services from other locations, you do so at your own initiative and risk, and you are responsible for your compliance with local laws.We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use or by the relationship between Women in Funds and its users, Creators or Sellers.
Contact:
You may contact us at the following address: Women in Funds, 378 Union Ave, Office C, Brooklyn, NY 11211
Policy Effective Date: This policy is effective from January 1, 2024 until further notice.