Terms of Use

FIRST FIVE YEARS FUND
WEB SITE TERMS AND CONDITIONS

Date of Last Revision: February 17, 2016

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

These terms and conditions of use (“Site Terms”) apply to your access to, and use of, the Web site of the First Five Years Fund (“FFYF”), located at www.ffyf.org , and any other FFYF websites, mobile applications, social media platforms, or other online products and services that link to this Privacy Policy (collectively the “Sites”).. These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with FFYF, or its subsidiaries or affiliates, for products, services or otherwise.

To the full extent permitted by applicable law, FFYF reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Sites, at any time and in its sole discretion by providing notice the Site Terms have been modified. Such notice may be provided by sending an email, by posting a notice on the Sites, by posting the revised Site Terms on the Sites and revising the date at the top of these Site Terms or by such other form of notice as determined by FFYF. Your continued use of any of the Sites following the posting of the revised Site Terms or other notice of such changes will constitute your acceptance of such changes or modifications.

1. Privacy Policy

Please refer to our Privacy Policy for information on how FFYF collects, uses and discloses personally identifiable information from its users.

2. Copyright and Limited License

Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, the FFYF logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of FFYF or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Sites for your informational, non-commercial and personal use only Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of FFYF, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

3. Trademarks

FIRST FIVE YEARS FUND, FFYF, the FFYF logos and any other FFYF service name or slogan contained in the Sites are trademarks of FFYF, and may not be copied, imitated or used, in whole or in part, without the prior written permission of FFYF or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “FFYF” or any other name, trademark or product or service name of FFYF without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of FFYF and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

4. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray FFYF or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a FFYF logo or other proprietary graphic of FFYF to link to this Sites without the express written permission of FFYF. Further, you may not use, frame or utilize framing techniques to enclose any FFYF trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without FFYF’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of FFYF or any third party.

FFYF makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of FFYF and FFYF is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. FFYF provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by FFYF of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

5. Third Party Content

FFYF may provide third party content on the Sites and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. FFYF does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that FFYF is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

6. Advertisements and Promotions; Third-Party Products and Services

FFYF may provide information about or links to third-party information, products or services on the Sites. FFYF does not endorse or make any representations or warranties regarding any third party information, products, services, promotions or vendors. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. FFYF is not responsible or liable in any manner for any third party information, products or services, for any loss or damage of any sort incurred as the result of any products, services, dealings or promotions or as the result of the presence of such non-FFYF advertisers or third party information on the Sites.

7. Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the FFYF or the Sites that are provided by you in the form of email or other submissions to FFYF, or any postings on the Sites, are non-confidential and shall become the sole property of FFYF. FFYF shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

8. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY FFYF, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND ANY SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FFYF DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES AND THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. FFYF DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

WHILE FFYF ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, FFYF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

FFYF reserves the right to change any and all content contained in the Sites and to modify, suspend or discontinue the Sites or any Services offered through the Sites or any features or functionality of the Sites or the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by FFYF.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL FFYF, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM FFYF, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FFYF’S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FFYF, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES OR TO THESE SITE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FFYF FOR ACCESS TO OR USE OF THE SITES.

10. Applicable Law and Venue

These Site Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the District of Columbia, applicable to agreements made and to be entirely performed within the District of Columbia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in the District of Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

11. Termination

Notwithstanding any of these Site Terms, FFYF reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.

12. Severability

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

13. Questions & Contact Information

Questions or comments about the Sites may be directed to FFYF at info@ffyf.org.