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SmallBizDev Hackathons Website Terms of Use

Last updated on: May 14, 2014

 

A. Acceptance of Terms of Use

The Financial Innovations Center, Inc., d/b/a the Center for Financial Services Innovation (“CFSI”) and D2D Fund, Inc. (“D2D”) and (collectively, the “Administrators,” “we” or “us”) operate www.smallbizdevhackathon.com (our “Website”).  Your use of the Website is subject to your compliance with: (i) these terms and conditions of use; (ii) our Privacy Policy; and (iii) for certain services, any additional posted terms and conditions that apply to such services, such as, for example, the Hackathon rules (collectively, these “Terms of Use”).

By using the Website or any of the services offered through the Website, you agree to these Terms of Use.  If you do not agree to these Terms of Use, please exit this page and do not access or use the Website.

 

B. Changes to Terms of Use 

These Terms of Use may change from time to time, effective upon their posting to the Website.  Please remember to check these Terms of Use each time you visit this Website for the most current version.  Your use of our Website after such posting shall constitute your acceptance of the modified Terms of Use.

 

 C. Age Limit. 

Use of this Website is restricted to individuals fourteen (14) years of age and older.

 

 D. Content and Intellectual Property.

The content provided on this Website by the Administrators and their licensors or suppliers, including but not limited to any photographs, videos or articles (collectively, the “Content”) and all underlying software or technology used in connection with the Website (“Technology”), including but not limited to all intellectual property rights in and to the Content and Technology, is and remains at all times the property of the Administrators or such licensors or suppliers.  All rights not explicitly granted herein are reserved to the Administrators, or their licensors or suppliers, as applicable.  Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you other than as explicitly set forth in these Terms of Use.

You agree not to modify, copy, frame, distribute, reproduce, republish, download, scrape, display, post, transmit, or sell any intellectual property or Content appearing on the Website, or create any derivative works based on such Content, in any form or by any means, in whole or in part, without the Administrators’ prior written permission, unless expressly permitted elsewhere in these Terms of Use.  You may not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content.

Any use of the Content other than as expressly authorized herein, without the prior written permission of the Administrators, is strictly prohibited.  Such unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes.

The trademarks, service marks, trade names and logos, including “CFSI,” “Center for Financial Services Innovation,” “D2D,” “D2D Fund,” “Doorways to Dreams Fund,” and “SmallBizDev” used and displayed on the Website are trademarks of the Administrators or their licensors or affiliates, or of certain other third parties providing products or services in connection with the Hackathons.

All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of the Administrators and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not expressly authorized by the Administrators in writing, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Administrators.

 

 E. Use of the Website; Use Licenses.

 The Administrators grant you a limited, revocable, non-exclusive, non-transferable license to access and make personal use of the Website.  The Administrators also authorize you to print a single copy of the Content solely for your personal, non-commercial use (which, for the sake of clarity, includes participation in the Hackathons), provided that you include any copyright and proprietary notices that are contained in the Content as well as the following copyright notice “Copyright 2014, CFSI and Copyright 2014, D2D Fund, Inc.  All rights reserved.”  Any other use of the Website or the Content requires the express written permission of the Administrators.  You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access the Website.

You may not upload or republish Content on any internet, intranet or extranet site or incorporate the information contained within the Content in any other database or compilation.

You agree that (i) you will not engage in any activity related to the Website that is contrary to applicable law, regulation, or the terms of any agreements you have with the Administrators or any other parties, (ii) you will not commercially exploit any part of the Website, except as expressly permitted by the Administrators, and (iii) your limited license to view and access the Website does not constitute any permission or license to use, reuse, reproduce, distribute or otherwise exploit these materials, in whole or in any part, in any manner whatsoever, except as expressly permitted hereunder.  You may not modify, transmit, participate in the sale or transfer of, or create derivative works based upon any Content unless expressly permitted elsewhere in these Terms of Use, where applicable.

Any unauthorized use of the Website, including but not limited to misuse of any information or Content posted to the Website or any other use in violation of these Terms of Use, is strictly prohibited.

Access to the Website or the Content may not be legal in certain countries.  If you access the Website or the Content from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

F. Registration.

 You do not have to create an account in order to use or access the Website.  When registering to participate in the Hackathons, however, you will be required to provide certain personal information, including your name, employer, and contact information.  Registration for the Hackathons is conducted at eventbrite.com.

You agree to provide accurate, current and complete registration information, and to maintain and promptly update the registration information to keep it accurate and complete.  If the Administrators suspect that your registration information is inaccurate or incomplete, we may, in addition to any other available remedies, deny you the right to participate in a Hackathon.

 

 G. Restrictions on Use of Website.

When accessing or using the Website, you are strictly prohibited from and you hereby agree NOT to:

  1. use the Website to impersonate any person or entity, including but not limited to an employee of the Administrators, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  2. employ misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Website;
  3. intentionally or unintentionally violate any applicable local, state, national or international law;
  4. obtain any information from the Website using any robot, spider, scraper or other automated means for any purpose;
  5. take any action that imposes or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; or
  6. attempt to gain unauthorized access to the Website, or any computer system or network connected to the Website, for example, through hacking, password mining or any other illicit means.

 

H. Third-Party Sites

These Terms of Use concern only this Website, and do not concern any other website or internet-based services, including websites to which this Website may link (including, without limitation, developer.android.com, developer.apple.com, facebook.com, twitter.com and eventbrite.com) (“Third-Party Sites”).  We are not responsible or liable for any content, advertising, products, services, information or other materials on or available on Third-Party Sites.  We are also not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services, information or other materials on Third-Party Sites.  We have no control over Third-Party Sites, their content or their terms of use, and therefore we encourage you to review such content and terms of use prior to utilizing any Third-Party Sites or submitting any personal information to them.

 

I. General Disclaimers.

All or a portion of this Website may be temporarily unavailable from time to time for maintenance or other reasons.  The Administrators assume no responsibility for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to any person’s computer, tablet, smart phone or other hardware or software, related to or resulting from using or downloading materials in connection with the internet and/or in connection with the Website.  Under no circumstances will the Administrators be responsible for any loss or damage or personal injury or death, resulting from anyone’s use of the Website.

The Administrators have no special relationship with or fiduciary duty to you.

THIS WEBSITE, THE CONTENT ALL SERVICES AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE ADMINISTRATORS AND THEIR RESPECTIVE AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, ADVISORS, EMPLOYEES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION OR ERROR, freedom from viruses OR OTHER DEFECT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.  yOUR USE OF OUR WEBSITE AND OF ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.

Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

 

 J. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE ADMINISTRATORS NOR ANY OF THEIR RESPECTIVE AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, ADVISORS, EMPLOYEES, LICENSORS, AND SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE AND/OR ANY LINKED SITE.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR CONTENT OR ANY LINKED SITE IS TO STOP USING THIS WEBSITE, THE CONTENT, OR LINKED SITE, AS APPLICABLE.  THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF THE ADMINISTRATORS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO THE ADMINISTRATORS, IF ANY, TO ACCESS THIS WEBSITE.  YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU TO THE ADMINISTRATORS TO ACCESS THIS WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE ADMINISTRATORS, THEIR RESPECTIVE AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, ADVISORS, EMPLOYEES, LICENSORS, AND SUPPLIERS, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

 K. Release.

To the maximum extent permitted by applicable law, you hereby release, and waive all claims against the Administrators and their respective affiliates, licensors, suppliers, and each of their directors, officers, agents, contractors, partners, advisors, employees, licensors and suppliers from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Website.

 

L. Indemnification.

You agree to indemnify and hold the Administrators, their respective affiliates, its licensors, its suppliers, and each of their directors, officers, agents, advisors, contractors, partners, employees, licensors, suppliers, successors and assigns harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of the Website, (ii) your conduct in connection with the Website, (iii) or your violation of these Terms of Use or of any law or the rights of any third party, including but not limited to intellectual property rights.

The foregoing defense and indemnification obligation will survive these Terms of Use and your use of the Website.  The Administrators shall provide notice to you of any such claim, action or demand and may, in the Administrators’ sole discretion, assist you, at your expense, in the defense or settlement of such claim, action or demand.

 

 M. Termination.

In addition to exercising other remedies that may be available, we may, at any time, refuse, suspend, restrict or terminate your access to the Website, or any portion thereof, without notice and for any reason or no reason in our sole discretion.

 

N. Arbitration.

These Terms of Use will be governed by and construed in accordance with the internal laws of the State of Illinois, without regard to its conflicts of law provisions.  Any dispute, controversy or claim arising out of or relating to these Terms of Use which cannot be settled amicably shall be finally settled under the International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Non-Administered Arbitration (the “Arbitration Rules”) by one arbitrator, who must be an attorney with substantial knowledge of the laws of the state of Illinois and substantial experience in arbitrating commercial disputes under the Arbitration Rules.  The Administrators and you may, by agreement, nominate an arbitrator, but if no sole arbitrator is nominated within thirty (30) days from the date the claimant’s request for arbitration was served on the other party, the sole arbitrator shall be appointed by CPR in accordance with the Arbitration Rules.  Unless otherwise agreed, arbitration proceedings will be held in Chicago, Illinois.  The award rendered by the arbitrator will be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.  The arbitrator will have the authority to award money damages (with interest on unpaid amounts from the date due), specific performance, and temporary injunctive relief, but not the authority to award exemplary or punitive damages, and any claimed right to such damages is expressly waived.

 

O. Miscellaneous.

If any provision of these Terms of Use is found to be invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions

These Terms of Use (including, without limitation, the Privacy Policy and, for certain services, any additional posted terms and conditions that apply to such services (i.e., the Hackathon rules) represent the entire agreement between you and the Administrators relating to the subject matter hereof, and supersede any and all prior written or oral agreements between you and the Administrators with respect to such subject matter.

No waiver by the Administrators of any breach or default by you under these Terms of Use shall be deemed to be a waiver of any preceding or subsequent breach or default.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or will be forever barred.

No provision of these Terms of Use provides any person or entity not a party to these Terms of Use with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third party beneficiary rights.

Thank you for using our Website.  We hope you find the Website helpful, informative and convenient to use.  If you have any questions regarding these Terms of Use, please contact us by email at info@cfsinnovation.com.

 

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