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Last Updated: June 9, 2022
Welcome to the websites of The UHNW Institute (“Institute,” “us,” “we” or “our”) located at www.uhnwinstitute.org and www.uhnwlibrary.org (collectively, “Site”). These Terms of Use, which include our Privacy Notice (“Terms”) govern your use of our Site.
Please read these Terms carefully. By using our Site, you agree to be bound by and to comply with these Terms. If you do not agree, you are not authorized to use our Site. We may update these Terms from time to time, so please review them regularly. Your continued use of our Site after updated Terms have been posted constitutes your consent to the updated Terms. If we determine appropriate, we may notify you of updated Terms by other means.
Please note that certain areas of our Site may offer features and information that are governed by supplemental policies and terms (“Supplemental Terms”). Supplemental Terms on our Site are hereby incorporated into these Terms and govern your use of those features and related activities.
Please review our Privacy Notice and Cookie Notice, which are part of these Terms.
All content on our Site (“Site Content”) is protected by copyright and owned by UHNWI and its licensors. Our Site Content includes resources that are available to the public (“Public Resources”) and resources available only to members (“Member Resources”). Unless otherwise specified, you may reproduce one copy of Site Content only for your personal use on the condition you do not alter the Site Content or remove or alter any copyright, trademark, or other proprietary notices or attribution. If you wish to use any Site Content in another manner, please contact info@uhnwinsitute.org to request permission.
As more fully described under the Disclaimer section, Site Content is provided for general information purposes only and is not intended to be a substitute for professional (legal, financial, or other) advice. If you need professional advice or services, always consult a professional in the relevant field concerning any questions you may have.
UHNWI retains all rights in its name and trademarks, including “UHNW Institute” and related logos, and other indicia of source, whether or not registered (“Our Trademarks”). You may not use Our Trademarks without our prior written permission; in particular you may not use Our Trademarks in any manner that is likely to cause confusion about whether we are the source, sponsor or endorser of a product, service, or activity. If you wish to use Our Trademarks, please contact info@uhnwinstitute.org to request permission. All other trademarks displayed on our Site are the property of their respective owners.
To access Member Resources, you must become a member and create an account (“Account”). By creating an Account, you agree that you: (A) are responsible for maintaining the confidentiality of your login access credentials (e.g., user name and password) and for all activity under your Account; (B) may not permit others to use your Account except as UHNWI may expressly authorize; (C) will notify UHNWI immediately if you become aware that anyone has gained unauthorized access to your Account; and (D) warrant that all information you provide in connection with your Account is accurate and complete and you will update your Account as necessary.
If you open an Account on behalf of an organization, you agree to these Terms on behalf of yourself and the organization and warrant that you are authorized by the organization to open the Account on its behalf and to bind the organization to these Terms.
UHNWI reserves the right to suspend or terminate an Account or to restrict access to our Site at any time if it suspects you have not complied with these Terms or for other reasons that UHNWI determines in good faith are necessary or appropriate, including if UHNWI suspects you are using or attempting to use our Site in any way that violates these Terms or applicable laws or regulations. UHNWI is not liable to you for any loss or damage that may result from its refusal to provide you access to our Site or any section of it.
Our Site may contain features that permit users to submit content that will be displayed on our Site (“User Content”). When you submit any User Content, you represent and warrant that: (A) you have the right and authority to submit it; (B) you have, or have obtained, all rights and consents necessary to grant rights to UHNWI to use your User Content, including rights to any third-party material included in your User Content; (C) your User Content does not and will not violate any third party’s copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary, personal, or other right of any kind; (D) you are under no obligation that would in any way interfere with the disclosure or use of your User Content; and (E) your User Content does not contain any material or information considered confidential or provided to you with the understanding that it would not be disclosed or published. Except to the extent other rights are granted or assigned to UHNWI as described in these Terms or you enter into a separate written agreement with UHNWI in connection with submission of your User Content, you hereby grant to UHNWI an irrevocable, perpetual, worldwide, sublicensable, transferable, royalty-free license to reproduce, distribute, create derivative works of, publicly display and perform the User Content in all media now known or later developed. We have the right not to publish, to delete, and to edit User Content at any time for any reason. We do not endorse and are not responsible for User Content. You grant UHNWI the right to use your name, likeness, and biography in connection with your User Content displayed on the Site, including to promote the User Content and the Site.
By accessing our Site, you warrant that you:
• will not impersonate any person or entity or misrepresent your affiliation with any other person or entity;
• will not reproduce or resell any Site Content or services by any means;
• will use our Site and services only as explicitly authorized and in compliance with these Terms and our policies made available to you;
• will not use any Site Content or services for any revenue generating endeavor, commercial enterprise, or other purpose other than your personal, non-commercial use;
• will not use any robot, spider, site search or retrieval application, or other manual or automatic means or process to retrieve, extract, index, or data mine any data or content on our Site or in any way reproduce or circumvent the navigational structure or presentation of our Site or Site Content;
• will not take any action that imposes an unreasonable or disproportionately large load on our Site or our third-party providers’ infrastructure;
• will not imply or state that we endorse any statements, actions, goods, services, or activities; and
• will not bypass or circumvent (or attempt to bypass or circumvent) any measures we may use to restrict access to any part of our Site.
You acknowledge and agree that we have the right in our sole discretion at any time with or without notice and in whole or in part: (A) to modify or terminate our Site, Site Content and services; (B) to modify any eligibility criteria; and (C) to suspend or terminate any user’s access to our Site or services.
UHNWI does not wish to receive any confidential or proprietary ideas, suggestions, materials, or information (collectively, “Unsolicited Materials”) via our Site, email, or other means. All Unsolicited Materials will become and remain UHNWI’s property.
If you participate in UHNWI activities (e.g., a conference), you acknowledge and agree that UHNWI may take photographs and make audio/video recordings of you (collectively, “Photographs”) and you irrevocably give UHNWI the worldwide, royalty-free right to use the Photographs (and your likeness and voice depicted in them and your name) on UHNWI’s Site and in other materials and media now known or later developed in furtherance of UHNWI’s mission and any related purpose.
Release
You irrevocably release (on behalf of yourself and your successors, assigns, heirs, family members, and executors and, as applicable, any organization of which you are a representative), UHNWI and its directors, officers, employees, service providers, and agents from any claim of any nature that you have or ever may have arising out of your use of our Site, services, and Site Content and our use of your User Content and your name, likeness, voice, and other identifiable traits in connection with User Content and as otherwise described in these Terms. If you are a California resident, you waive rights under California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you reside in any other jurisdiction that places similar restrictions on a general release, you waive such restrictions to the maximum extent permissible under the applicable law.
Site Content is provided as a source of general information. You should always seek legal, financial or other advice from a professional with full knowledge of your specific circumstances when making any decisions. Laws may vary so Site Content may not be relevant or accurate for all states, countries or other jurisdictions. UHNWI reserves the right to modify Site Content, in whole or in part, without notice at any time for any reason.
OUR SITE, SERVICES, AND SITE CONTENT ARE OFFERED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE, SERVICES, AND SITE CONTENT (INCLUDING USER CONTENT), INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED TO US), AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, QUALITY, COMPLETENESS, TIMELINESS, SUITABILITY OR RELIABILITY OF SERVICES OR SITE CONTENT (INCLUDING USER CONTENT) AVAILABLE THROUGH OUR SITE OR THROUGH LINKS TO THIRD-PARTY SITES, INCLUDING THAT OUR SITE, SERVICES OR SITE CONTENT (INCLUDING USER CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES AND OTHER ISSUES CONCERNING OUR SITE, SERVICES, AND SITE CONTENT. IF YOU RELY ON OUR SITE, SERVICES OR SITE CONTENT (INCLUDING USER CONTENT), YOU DO SO ENTIRELY AT YOUR OWN RISK.
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, OR OTHER HARMFUL ELEMENTS TO OUR SITE, WE DO NOT WARRANT THAT OUR SITE, SERVICES OR SITE CONTENT (INCLUDING USER CONTENT) WILL BE FREE FROM SUCH ELEMENTS AND WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THEM.
UHNWI AND ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, LICENSEES, SERVICE PROVIDERS, AND AGENTS ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON ANY LOSS, DAMAGE, LIABILITY, OR INJURY ARISING FROM YOUR USE OF OUR SITE, SERVICES OR SITE CONTENT (INCLUDING USER CONTENT), FROM ANY THIRD-PARTY SITES OR FROM YOUR BREACH OF THESE TERMS. UNDER NO CIRCUMSTANCES WILL UHNWI OR ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, LICENSEES, SERVICE PROVIDERS OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR RELATED TO YOUR USE OF OUR SITE, SERVICES OR SITE CONTENT (INCLUDING USER CONTENT), ANY THIRD-PARTY SITES, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY DIRECT OR OTHER DAMAGES OF ANY NATURE ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, OUR SITE, SERVICES OR SITE CONTENT (INCLUDING USER CONTENT) WILL BE THE GREATER OF: (1) ANY FEES YOU PAID TO UHNWI IN THE IMMEDIATELY PRECEDING SIX MONTHS; AND (2) $US 50. SOME JURISDICTIONS MAY NOT ALLOW A LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ACCESSING OR DOWNLOADING ANY SITE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO ANY COMPUTER, DEVICE, NETWORK, SOFTWARE OR HARDWARE OR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
You agree to indemnify and hold UHNWI and its directors, officers, employees, licensors, licensees, service providers, and agents harmless against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that any of the indemnified parties may incur arising out of or relating to your use of our Site, services or Site Content (including User Content) or Third-Party Sites or your violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with all cooperation we reasonably request.
As a convenience, our Site includes links to websites, including social media networks and platforms, controlled or maintained by third parties (“Third-Party Sites”). We do not endorse any Third-Party Site and are not responsible, directly or indirectly, for any Third-Party Site’s content, activities, goods, services, policies or practices. You acknowledge and agree that you access and obtain content from any Third-Party Site at your sole discretion and risk and you expressly release UHNWI from any liability, loss, or damage of any nature arising from your use of any Third-Party Site. Any information you share with or actions you take on Third-Party Sites are governed by the applicable Third-Party Site’s terms of use and privacy policy, which you should review carefully.
UHNWI may permit links from Third-Party Sites to our Site on the condition you agree to the following by linking:
• Links must be text-based only
• By linking, you acknowledge and agree to these Terms
• You must not create frames around UHNWI’s webpages or use other techniques that alter in any way the visual presentation or appearance of our Site
• You must not misrepresent your relationship with UHNWI or present false or misleading impressions about UHNWI.
• No links to our Site may be used in a manner that implies or suggests that UHNWI approves, endorses, or is affiliated with you, your website, or your goods, services, or activities unless UHNWI has agreed in writing in each case
• UHNWI has no responsibility or liability for any content, services, or products on your website
• You agree to indemnify UHNWI against any liabilities UHNWI may incur based on a claim arising out of your website
• No link(s) to our Site may appear on any page of your website or within any context containing content that may be interpreted as libelous, obscene or criminal or that infringes or otherwise violates (or advocates the infringement or other violation of) any third party rights or is otherwise not acceptable to UHNWHI
• UHNWI reserves the right at any time and in its sole discretion to require that you remove all links or any particular link to our Site from your website and you agree promptly to comply
• UHNWI reserves the right to disable or block any unauthorized links or frames
Unless we give our prior written consent in each case, you may not: (A) frame, mirror, or archive our Site or any Site Content; or (B) use metatags or any other “hidden text” that incorporates Our Trademarks, or words confusingly similar to Our Trademarks.
These Terms, which include our Privacy Notice, are the complete agreement between you and UHNWI regarding your use of our Site, Site Content (including User Content), services and related activities and supersede all other prior agreements (oral or written) regarding its subject matter except that you will also be governed by any: (A) Supplemental Terms we provide in connection with particular features, services, products, and activities; and (B) additional agreements we enter into with respect to specific activities (e.g., submitting an article). These Terms are governed by and should be construed according to the laws of the State of New York applicable to agreements made and performed in New York without giving effect to any provisions that would result in the application of the laws of another jurisdiction. If you choose to access our Site from jurisdictions other than the United States, you are responsible for complying with all applicable local laws. You hereby irrevocably agree: (i) to bring any claim or dispute relating to your use of our Site, Site Content, and services and these Terms exclusively in the state and federal courts located in the State and County of New York; (ii) to submit to the exclusive jurisdiction of those courts; and (iii) to waive any objection to those courts based on inconvenience or other reasons. You may not assign your rights under these Terms without our prior written consent, and any attempted assignment will be null and void. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that will reflect the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law. These Terms create no joint venture, agency, partnership or similar relationship. Our failure to assert any right under these Terms will not be considered a waiver of that right unless the waiver is in writing. The word “including” in these Terms is intended to be illustrative and means “including without limitation.” These Terms may not be interpreted or construed to confer any rights or remedies on any third parties.
YOU IRREVOCABLY AGREE THAT: (A) YOU MUST BRING ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SITE, SITE CONTENT (INCLUDING USER CONTENT), AND SERVICES WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES OR YOU WILL BE PERMANENTLY BARRED FROM BRINGING THE CAUSE OF ACTION; AND (B) YOU EXPRESSLY WAIVE ANY RIGHT TO BRING ANY CLAIM IN ANY CLASS ACTION FORMAT.
If you have any questions or feedback concerning our Site, please email us at: info@uhnwinstitute.org.
