TERMS AND CONDITIONS

 Effective as of February 1, 2018

These Terms of Use (these “Terms”) apply to the New Voices Fund website located at www.newvoicesfund.com and any other website or application offered by us, or our subsidiaries and affiliates which references or links to these Terms (collectively, the “Website”). The site is the property of New Voices General Partner, LLC (“New Voices Fund,” “we” or “us”). These Terms do not apply offline and do not alter the terms of any other agreement that you may have with us or our subsidiaries and affiliates.  These Terms do not apply to any third-party websites or services linked or referenced by our Website.  You should refer to the respective privacy policies and terms of use of such third-party services to determine your rights with respect to such services.  
PLEASE READ THESE TERMS CAREFULLY. YOUR USE OF THE WEBSITE REFLECTS YOUR ACCEPTANCE OF THESE TERMS. BY ACCESSING AND USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.  If you disagree with any portion of these Terms, your sole remedy is to immediately discontinue using the Website.  Your access of our Website for the limited and exclusive purpose of reviewing these Terms of Use does not constitute your acceptance unless you make any further use of our Website.

DISCLAIMER: The content appearing on New Voices Fund website or online resources is presented exclusively for informational purposes. You understand and agree that New Voices Fund does not use this website to provide financial or investment advice or any other professional advice and that you may not rely on any statements made on this website as though it were professional advice. The website may provide selected information concerning investments. Such information is not intended or provided as financial or investment advice. Such information is not a substitute for the advice of a trained investment professional.

PRIVACY: Along with these Terms, please read our Privacy Policy and refer to it before you submit any personal information to the Website. The Privacy Policy is hereby incorporated and made part of these Terms.

1. Who May Use Our Website. Except as otherwise set forth herein, you may only use our Website if you can form a legally binding contract. You must use the Website in compliance with these Terms and all applicable laws. If you submit information to us through this Website, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Submission of information through this website by anyone under the age of 13 is strictly prohibited. 

2. Mobile Services. If you access the Website using a mobile device, application, or if permitted, via text message, you are responsible for any and all service fees associated with any such mobile access, including all applicable message and data rates and fees imposed by your wireless carrier, and for complying with all terms of use imposed by your wireless carrier. New Voices Fund does not represent or warrant that the Website will be compatible with your mobile device.

3. Use of Website Content. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Website or any content, information, software, products or services obtained from the Website, for any commercial purpose or enterprise, without our prior written permission. You may not use the Website or any content within the Website for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of New Voices Fund, its subsidiaries and affiliates or other individuals.

You may display the pages of the website and, subject to any expressly stated restrictions or limitations relating to specific material on the Website, electronically copy, download onto your personal computer, mobile device or other technology used to access the Website, and print single hard copy portions of the pages from the Website solely for your own internal, noncommercial, lawful use. If you make other use of the Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

You may not (a) decompile, disassemble or reverse engineer the Website or any portion thereof, (b) attempt to gain unauthorized access to the Website, any portion thereof or any other computer systems or platforms through the Website, (c) use any automatic device, program, algorithm or methodology, or engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or any content on Website, or (d) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website to its source. You agree that you will not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
We reserve the right, at any time, to modify, suspend or discontinue our Website and/or any content provided on the Website without notice to you.

4. Intellectual Property. Except where the contrary is expressly stated, New Voices Fund and its licensors own all right, title and interest in and to the Website, all the text, content, graphics, interfaces, code and materials thereon, the look and feel, selection and arrangement, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to all intellectual property and proprietary rights therein. Your use of the Website does not grant to you ownership in, or rights to, any of the foregoing. The Website is copyrighted as a collective work under the United States’ and other copyright laws, and is the property of New Voices Fund. The collective work includes works that are licensed to New Voices Fund. Unless otherwise indicated on the Website, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, New Voices Fund, its subsidiaries and affiliates and their respective licensors. These Terms do not grant any license or other authorization to use the Marks. 
Please note that the unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by federal law enforcement agencies and is punishable by up to five years in prison and a fine of $250,000.

If you believe that material on our Website infringes your rights under copyright law, please contact us by U.S. Mail at the following address: 11 Ranick Drive, South Amityville, New York 11701.  Your letter should include:

  • A detailed description of the copyrighted work that is allegedly infringed;
  • A description of the location of the allegedly infringing material;
  • Your contact information, including your address, telephone number, and, if available, email address;
  • Your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
  • Your statement, 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
  • 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.

5. Your Data. You agree that you are solely responsible for the accuracy of any and all information input by you or provided by you to New Voices Fund (the “User Data”). You agree that User Data shall not include, and you shall not provide to New Voices Fund, anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, violates the privacy rights of any third party, or contains anything that is obscene, defamatory, harassing, offensive or malicious. You authorize New Voices Fund to collect, access, store, modify, publish, display, create derivative works of, and otherwise use your User Data in order to provide the Website and as otherwise set forth in these Terms.

6. Unsolicited Submissions. Any non-personal information, remarks, suggestions, ideas, graphics or material you submit to us by email, download, or otherwise (“Unsolicited Submission”), is non-confidential, and automatically becomes New Voices Fund’s property upon receipt, including all rights therein, without any compensation to you. We have no obligation to review or use any Unsolicited Submissions or to keep them confidential, but if we elect to use them, we are free to use and repurpose such Unsolicited Submission for any purpose. Specifically, we are free to use any ideas or concepts contained in any such Unsolicited Submission for any purpose whatsoever, without any compensation to you. By providing us with any Unsolicited Submission, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Unsolicited Submission(s). New Voices Fund does not waive any rights it may have to similar or related ideas previously known to it or developed by its employees and representatives, or obtained from sources other than you.

7. Acceptable Use. You are prohibited from using our Website to transmit or share content that:

  • Contains illegal content or promotes illegal activities with the intent to commit such activities.
  • Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
  • Stalks, harasses or harms another individual.
  • Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
  • Violates intellectual property, privacy, or other rights of third parties. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights.
  • Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
  • Interferes with the Website.
  • Otherwise violates our Terms of Use or Privacy Policy.

You also are not allowed to:

  • Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
  • Reproduce, transfer, sell, resell, or otherwise misuse any content from our Website, unless specifically authorized to do so.
  • Access, tamper with, or use non-public areas of our systems, or the technical delivery systems of our providers, unless specifically authorized to do so.
  • Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Encourage or help anyone do any of the things prohibited under this Acceptable Use section.

8. Linking. The Website may contain links to other websites and content, which may be of interest to you. New Voices Fund is not responsible for the content or use of any other websites linked to the Website. Your linking to any other website is at your own risk, and you should be aware that, unless otherwise indicated, these Terms no longer govern. Please be mindful of this as you link to other outside websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any outside website to which you navigate.

9. Electronic Communications. The communications between you and us use electronic means, whether through the Website or via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

10. Modifying and Terminating Our Website. We are constantly changing and improving our Website. We may add or remove functions, features, or requirements, and we may suspend or stop all or part of the Website altogether. Accordingly, New Voices Fund may terminate your use of all or part of the Website for any reason. None of New Voices Fund, its participating institutions, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents shall have any liability to you for any such action. You can stop using our Website at any time.

11. Disclaimers. 
YOU UNDERSTAND AND AGREE THAT NEW VOICES FUND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE AVAILABILITY, PERFORMANCE, QUALITY OR RESULTS OF THE WEBSITE.  THE WEBSITE IS DESIGNED SOLELY TO PROVIDE INFORMATION THAT YOU MAY FIND OF USE.  WE DISCLAIM ANY LIABILITY RESULTING FROM ANY USE OF THE WEBSITE FOR ANY PURPOSE OTHER THAN ITS INTENDED DESIGN. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SOFTWARE, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON, ARE EACH PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  NEW VOICES FUND WILL USE REASONABLE EFFORTS TO CORRECT ANY DISCOVERED DEFECTS IN THE WEBSITE. HOWEVER, YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE CONTENT PROVIDED BY, OR THE CONDUCT OF, ANY USER AND YOU BEAR THE ENTIRE RISK OF USING THE WEBSITE AND ANY INTERACTIONS WITH US OR THIRD PARTIES THEREBY FACILITATED. NEW VOICES FUND DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEW VOICES FUND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, DATA ACCURACY, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. 
NEW VOICES FUND DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. NEW VOICES FUND DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING (I) THE USE OF CONTENT ON THE WEBSITE, OR (II) WITH RESPECT TO THE COMPLETENESS, ACCURACY, QUALITY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE OF THE WEBSITE OR ITS CONTENT, OR (III) THAT THE WEBSITE OR RESULTS FROM USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (IV) THAT THE WEBSITE WILL BE AVAILABLE AND/OR UNINTERRUPTED AT ANY PARTICULAR TIME OR LOCATION. NEW VOICES FUND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND NEW VOICES FUND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU AGREE THAT WE, IN OUR SOLE DISCRETION, MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE WEBSITE AT ANY TIME, FOR ANY REASON. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE.

12. Limitation of Liability. IN NO EVENT SHALL NEW VOICES FUND, ITS SUBSIDIARIES AND AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS IN CONTENT, WHETHER PROVIDED OR POSTED BY THE PROTECTED ENTITIES OR OTHER USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE WEBSITE, EXCEED THE GREATER OF (A) $100.00 (UNITED STATED DOLLARS), OR (B) THE AMOUNT PAID BY YOU FOR SERVICES PURCHASED THROUGH THE WEBSITE AND THAT ARE THE SUBJECT OF THE CLAIM. 
Because some jurisdictions do not allow certain limitations on warranties, or the exclusion or limitation of liability for consequential or incidental damages, the above disclaimer and limitations may not apply to you.  The above disclaimer and limitations apply in New Jersey. 

13. Indemnification. You agree to indemnify, defend, and hold harmless New Voices Fund, its subsidiaries and affiliates, and any of their respective officers, directors, members, partners, shareholders, employees, agents, licensors or service providers from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of the Website, your transmission of any message, content, information or other materials on or through the Website, your breach or violation of the law, your violation of any third party right or your violation of these Terms of Use, or of any activity otherwise related to your use of the Website (including negligent or wrongful conduct), by you or any other person accessing the Website.

14. Jurisdictional Issues. The Website is operated out of the United States. New Voices Fund makes no representation that the Website, materials or information on the Website are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access the Website outside of the United States do so at their own initiative and are solely responsible for compliance with applicable local laws. You may not use or export any materials on the Website in violation of United States’ or any other jurisdiction’s export, re-export, or import laws and regulations.

15. Miscellaneous. These Terms and Conditions and the relationship between you and New Voices Fund are governed in all respects by the laws of the United States, including federal copyright and trademark laws, and the laws of the state of New York, without regard to its conflict-of-law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts of the state of New York.  Specifically, any and all claims and controversies arising out of and related to the Privacy Policy and these Terms of Service shall be settled in the courts of competent jurisdiction in the state of New York and you agree to submit to the personal jurisdiction of such courts. Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude New Voices Fund from seeking any injunctive or other equitable relief in courts of competent jurisdiction located in other countries and jurisdictions for protection of any New Voices Fund confidential information and intellectual property rights or to prevent loss of data or damage to its servers.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. 

By using the Website, you agree that to the extent permitted by law, any cause of action or claim you may have with respect to the Website or these Terms of Use must be commenced within one (1) year after the claim or cause of action arises or be forever barred. 
A failure or delay by New Voices Fund to insist upon, exercise or enforce strict performance of any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this Website constitutes the entire agreement and understanding between you and New Voices Fund and govern your use of the Website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and New Voices Fund (including, but not limited to, any prior versions of the Terms of Use). The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. New Voices Fund may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

16. Revisions to Terms. New Voices Fund reserves the right at any time to without notice modify or discontinue, temporarily or permanently, this or any Website or any portion thereof.  New Voices Fund may also, at any time, revise these Terms of Use.  Any such changes to the Terms of Use will be posted on this page, and we will update the “Updated and Effective” date to reflect the date of the changes.  By continuing to use this or any New Voices Fund site after the posting of such changes, you are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use.  

17. Third Party Trademarks. All trademarks and trade names that may appear on this Website are properties of their respective owners.