Terms and Conditions

Last Updated: June 5, 2023 

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Family Office Exchange LLC (“FOX,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms of Use" or the “Agreement”), govern your access to and use of www.familyoffice.com, including any content, functionality, and services offered or online commerce on or through www.familyoffice.com (the "Site"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by the Terms of Use and our Privacy Policy, found at https://www.familyoffice.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

General Provisions

The web is an evolving medium. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.  If we need to change the terms of the Terms of Use in the future, we will post the revised Agreement on our Site and update the “Last Updated” date, above, to reflect the date of the changes. By continuing to use this website after we post such changes, you agree to the Terms of Use, as modified. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you. If you have comments or questions about our site, please send them to us at help@familyoffice.com.

We reserve the right to deny access to this website, or any service provided via this website, to anyone who violates the Terms of Use or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others. We may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.

The site is provided to you on an “as is” and “as available” basis. We disclaim all responsibility for the availability, timeliness, security, or reliability of the site or any feature or software included in the site.

How You May Use This Content

The materials hosted on the FOX site are made available only for your personal, noncommercial use. All content and other material on this website is the property of FOX and/or its licensors and is protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in the Terms of Use, you may not copy, distribute, display, reproduce, perform, create derivative works from, or otherwise exploit any of the content or other material on this site. You may display and occasionally print or store a single copy of an individual page of our website for your personal, noncommercial use provided that you keep intact all credits and copyright and other proprietary notices, but you may not otherwise reproduce, store or distribute copies of any content or other material found on this site, in any form (including electronic form), without prior written permission from the copyright owner. For information about requesting permission to reproduce or distribute materials from the site, please either visit our Knowledge Center and review our Content License Agreement or contact us at web@familyoffice.com.

You are free to establish a hypertext link to our site so long as the link does not state or imply that we sponsor, endorse, or are affiliated with you or your website. However, you may not, without our prior written permission, frame or inline link any of the content of our site, or incorporate into another website or other service any of the content or other material you find on our site.

Registration

To access certain areas of our site, you will be required to register as a FOX member or as a user of the FOX Public Network. Our use of any information you provide to us or that we gather while you are visiting our site is governed by the terms of our Privacy Policy.

You agree to provide accurate, current and complete information about yourself as prompted by our registration forms. You may not sell, share or otherwise transfer your registration information.

We reserve the right to reject or terminate use of any username that we deem inappropriate. You are responsible for maintaining the confidentiality of your password, and are responsible for all activities (whether by you or by others) that occur under your username. To protect against unauthorized access to your account, be sure to log out when you finish using the site. Do not disclose your password to any third party. If you believe your account or password has been compromised, you should immediately change your password by logging into your account and accessing the “Change Password” feature. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security of which you become aware.

Your Conduct When Using Our Site

Our site may include features that allow registered users to interact with each other on the site and to post content for display on the site. While we reserve the right to monitor site content, it is up to our registered users to ensure that the comments on FOX remain polite and informative.

Please respect the rights of others to their opinions. If you see something on the site that you believe is inaccurate, or about which you hold a different opinion, feel free to post a comment in response. By participating in discussions or posting content to FOX, you agree that you will not:

  • Use the site to impersonate any person or entity, or misrepresent your affiliation with a person or entity;
  • Interfere with or disrupt any servers or networks used to provide the site or its features;
  • Use the site to engage in or to instigate or encourage others to engage in illegal activities or to cause injury or damage to any person or entity;
  • Gain unauthorized access to the site, or any account, computer system, or network connected to this site;
  • Use the site to post or transmit any unlawful, threatening, harassing, abusive, libelous, obscene, or pornographic content;
  • Use the site to post or transmit any information or content that violates or infringes the rights of others, including information or content that invades the privacy or violates the right of publicity of any person or that is protected by copyright, trademark or other proprietary right, without permission;
  • Use the site to post or transmit any content or material that contains a virus or other harmful component;
  • Use the site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, unless we have authorized such use;
  • Gather for marketing purposes any email address or other personal information that has been posted by other users of the site;
  • Engage in personal attacks, harass or threaten another user, or deliberately disrupt any discussion on the site;
  • Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; or
  • Use any automated mechanism to collect information from our site in any manner that fails to respect the Robots Exclusion Protocol

Your Responsibility for Information and Content You Submit

You acknowledge that you are solely responsible for the text, comments, and other information and content that you post on or submit to this website, or share with others using this site. By submitting or posting information or content to FOX, you represent and warrant: (1) that you are 18 years of age or older; (2) that you are the owner of all content you submit or are making your posting or submission with the express consent of the owner; (3) that the content you post or submit will not violate or infringe the rights of others; (4) that the information and content you post or submit will not violate the rights of, or cause injury to, any person or entity; and (5) that you will indemnify and hold harmless us and our directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of any information or content that is displayed on or submitted via the site by you or by others using your username and password.

You alone are responsible for the information and content you post or submit to FOX. We do not control the information or content that you or others may post or submit to or otherwise transmit through the site. You are responsible for creating backup copies of any information or content you submit or post to our site. We will not be responsible for the deletion of, or the failure to store, display or transmit, any information or content submitted by you.

You understand that we have no obligation to monitor any areas of the site through which users can supply information or content. However, we reserve the right, in our discretion, to screen user submissions and to edit, move, delete, and/or refuse to accept any submissions that in our judgment violate Agreement or otherwise are unacceptable or inappropriate, whether for legal or other reasons.

Our Rights to Use and Disclose Content You Submit

When you submit any material to our site, you are not giving up any ownership rights you otherwise have in such content. However, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you by username as the author of any of your submissions. You understand that technical processing of the site, including content you submit, may involve transmission over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for our use of any materials you submit.

We may preserve content you submit, and may disclose such content if required to do so by law or if, in our judgment, such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce Agreement; (c) to respond to claims that any content you submit violates the rights of third parties; or (d) to protect the rights, property, or personal safety of our site, us, our affiliates, our officers, directors, employees or representatives, our licensors, other users, and/or the public.

Online Commerce

Certain sections of this site may allow you to purchase products and or services that are provided by FOX and/or third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of third-party products or services. If you make a purchase from a third party on our site, or on a third-party website that you have accessed via a link on our site, the information obtained during your visit to that provider partner’s online store or site, and the information that you provide in connection with the transaction may be collected by both the provider partner and us. A provider partner may have privacy and data collection practices that are different from ours. We are not responsible for the privacy and data collection practices of these provider partners. When you purchase products or services on or through the site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a provider partner, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that provider partner’s website or contact the provider partner directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or any of our affiliates, arising from your purchase or use of any products or services made available by third parties through the site.

The products available on our site are not available in physical form. Items purchased from our site are digital and will be made available for downloading or via streaming media after completing your purchase. Learning Events that are purchased are for registrations for a future live event. No purchase will result in a physical item being shipped to any physical address that you may provide.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the site. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a provider partner, you represent that you have obtained the express consent of such third party to provide such third party’s personal information. All sales are final, and FOX does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

You agree that FOX, in its sole discretion, may terminate your use of any or all of the services or your participation in any program, for any reason or no reason, and that FOX shall not have any liability to you for any such action; provided, however, that if FOX terminates your participation in a program other than for cause (including, without limitation, your failure to comply with any term of the Agreement, Privacy Policy, or Code of Conduct), you will receive a pro-rata refund of any fees you paid in connection with the program.

You agree to indemnify and hold FOX (as defined for this purpose in the Online Commerce Section above) from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, relating to or arising out of (a) your use or attempted use of any of the programs or other services in violation of the Agreements; (b) your violation of any law or rights of any third party; or (c) information or content that you post or otherwise make available through any program or otherwise via any of the services, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Talent Bank

Some parts of the site allow users to post content or data such as job ads, resumes, reviews, information, text, messages, and other materials. This functionality helps users find information about potential jobs, employers, and candidates. Any data that a user or other party submits, posts, publishes, displays, or makes available on or through the site, or otherwise provides to FOX, is called “User Content.” User Content includes job ads, resumes, articles/content and messages sent through FOX.

FOX is not responsible for User Content, which may be inaccurate, incomplete, misleading, or deceptive. FOX does not know whether User Content is true. Any opinion, fact, advice, information, or statement in User Content is the sole responsibility of its original author, who may use anonymous identifiers. You acknowledge that FOX has no obligation or liability with regard to publishing, monitoring, or removing User Content. FOX also has no obligation or liability regarding the accuracy of User Content.

If you provide User Content, it must comply with the Terms of Use. Your User Content must not be unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, irrelevant, or unconstructive. Your User Content must not contain sexual, ethnic, or racial or other discriminating slurs. Your User Content must not contain proprietary information, trade secrets, intellectual property of another person, or confidential information. Your User Content must not contain spam, advertisements, solicitations, or any other commercial communication besides job ads and resumes under the Terms of Use. Your User Content must not be harmful to anyone.

You may not post official identification information, such as a social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information on the internet may lead to identity theft for which FOX cannot be held responsible.

You agree that FOX makes no representations, warranties, promises or guarantees regarding any content provided or generated by third parties, including, without limitation, the content of messages, articles/content, job advertisements and resumés. You further agree that FOX acts as a passive conduit for the distribution, provision, and publication of User Content, and has no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of User Content, and accordingly, you accept that FOX is not responsible and has no liability for User Content. You understand that you may be exposed to User Content that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality or reliability of User Content, including, without limitation, resumes/CVs and job advertisements, articles/content and content of messages. Your reliance on any User Content is at your own risk.

Notwithstanding the foregoing, although FOX has no obligation to screen User Content, to the extent that FOX becomes or is made aware of User Content that may or does (i) violate the terms of this Agreement or any other Agreement you have with FOX, or (ii) violate any law or regulation, or (iii) violate the rights of third parties, or (iv) create liability for FOX or otherwise negatively impact FOX, FOX reserves the right to reject and/or remove such User Content, and suspend and/or terminate any User account associated with such User Content.

User Content is the sole responsibility of the person or entity that provided the User Content. You shall be solely responsible for your User Content and the consequences of posting, providing or publishing it.

Please note Section 230 of the U.S. Communications Decency Act ("CDA") (and the equivalent or similar laws in your jurisdiction) is intended to exclude or limit the liability of online service providers such as FOX, when such online service providers provide or make available access to third-party user generated content (see § 230 (c)(1) which states: No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider).

The decision by FOX to remove or not post or distribute any User Content, does not by itself amount to participation in the creation of such User Content and, accordingly, does not constitute a waiver of the immunity afforded by the CDA. Additionally, § 230 (c)(2) of the CDA specifically provides: "No provider or user of an interactive computer service shall be held liable on account of (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable whether or not such material is constitutionally protected…"

You understand and agree that FOX does not, and cannot, confirm that each User is who he/she/they claim to be. We are not responsible for authenticating Users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other Users, including, without limitation, job seekers, and employers. You assume all risks associated with Users with whom you come into contact. If you have any disputes or issues with any User you agree to pursue any remedies directly with the applicable User and you release FOX, its subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.

You grant to FOX a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, distribute and publish your postings. You represent and warrant that you own or have all necessary rights (including intellectual property rights) to your postings (including to grant the license above).

FOX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ANY USER CONTENT PROVIDED, OR AS TO THE FITNESS OF THE INFORMATION FOR ANY PURPOSE.

License Grant to You

In consideration for your agreement to these Terms and Conditions and subject to the Content License Agreement, FOX grants you a personal, non-exclusive, non-transferable, revocable license to access and use the FOX services solely in accordance with the Agreements. FOX may make FOX Content (as defined below) available to you through FOX programs or otherwise via FOX services. You may obtain and use FOX Content only for your own personal, non-commercial use in connection with FOX services and participating in FOX programs. You may only copy and modify FOX Content as necessary for your own personal, noncommercial use. You may not transfer, retransmit, distribute, publish, commercially exploit or create derivative works of FOX Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate any FOX services.

“FOX Content” means all content or other material, in whole or in part, available through FOX programs or otherwise via the FOX services, including but not limited to lectures, speeches, discussions, comments, video lessons, quizzes, tests, presentation materials, homework assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files. All FOX Content is the property of FOX and/or its affiliates or licensors and is protected by copyright, and/or other proprietary intellectual property rights under United States and foreign law.

Trademarks and Service Marks

FAMILY OFFICE EXCHANGE®, FOX™, OFFICE COMPLEXITY INDEX®, FAMILY OFFICE BLUEPRINT®, VOICE OF THE WEALTH OWNER®, WEALTH ADVISOR FORUM™, FINANCIAL EXECUTIVE FORUM™, FOX EXECUTIVE COUNCIL™, FOX SENIOR MANAGEMENT COUNCIL™, FOX PRIVATE INVESTOR COUNCIL™, OWNER/OPERATOR COUNCIL™, BUSINESS OWNER COUNCIL™, GLOBAL FAMILY COUNCIL™, FINANCIAL EXECUTIVE COUNCIL™ and MULTI-FAMILY OFFICE COUNCIL™ are service marks and trademarks of Family Office Exchange. The names of other products and services referred to on the site may be the trademarks or service marks of their respective owners. You may not use any trademark or service mark appearing on this site without the prior written consent of the owner of the mark.

Notice of Copyright Infringement

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed on this website in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Family Office Exchange, 100 S. Wacker Dr., Suite 900, Chicago, IL 60606, or by email to web@familyoffice.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed; (2) a description of the location of the allegedly infringing material on this site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, 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 (6) 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. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in or on the site.

Disclaimers

General

Throughout our site, we may provide links and pointers to websites maintained by third parties. Our linking to such third-party sites does not imply that we endorse or sponsor such sites, or the information, products or services offered on or through the sites. Neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control any information, products or services that third parties may provide on or through our site or on websites to which we link. FOX does not represent, warrant, endorse or guarantee any advertised products or services, and the identification or listing of products, services, links or other information on our site or on any website to which we link does not constitute or imply any sponsorship, affiliation or recommendation by FOX. You assume all responsibility and risk associated with the use of the FOX site and the Internet generally.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING PUBLIC POSTING AREAS, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF USE OF THIS SITE OR MATERIALS ON THIS SITE OR ANY INFORMATION OR CONTENT MADE AVAILABLE ON OR VIA THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Your interactions with companies, organizations, advisors and/or individuals found on or through our site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations, advisors and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this site, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and our affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such dispute and/or our site.

If you are dissatisfied with the site, or any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site.

FOX Advisor Directory

The content on this site, including opinions, data and other information, is provided by FOX for your personal information only, and is not intended to be a recommendation or endorsement of any investment advisory firm, nor is it intended to be used for trading or investment purposes or as an offer to sell or the solicitation of an offer to buy any securities, financial products or investment advisory services. FOX is not an investment adviser or broker-dealer and does not provide investment advice or recommendations to buy or sell securities, to hire any investment advisor or to pursue any investment or trading strategy.

The information contained in the advisor directory profiles, reports, presentations and other information on this site has been provided to FOX by third parties. FOX does not guarantee the accuracy of or endorse the views or opinions given by any third party content provider to this site. FOX shall not be liable for any errors, inaccuracies or delays in such content, or for any actions taken in reliance thereon.

FOX does not assume any responsibility or liability for information accessed via links to or from third party sites. The existence of such links should not be construed as an endorsement, approval or verification by FOX of any content available on linked sites. FOX provides these links as an accommodation to you and solely for information purposes. By providing access to other sites, FOX is not recommending the purchase or sale of products or services provided by the sponsoring organization of any linked sites. FOX does not review, monitor or supervise the content of any linked sites. If you choose to access a linked site, you do so at your own risk.

FOX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ANY CONTENT PROVIDED, OR AS TO THE FITNESS OF THE INFORMATION FOR ANY PURPOSE.

The listing of any firm in the advisor directory, as well as any related profile, report, presentation or other information on this site does not constitute a recommendation or endorsement by FOX of any firm listed therein, nor does it constitute any form of investment, legal or tax advice. The information contained in any profile, report presentation or other information regarding Advisers has been provided by such advisor without independent verification by FOX. Accordingly, FOX makes no representation or warranty as to the accuracy or completeness of such information and assumes no liability for any inaccuracies or omissions therein.

Knowledge Center

Certain of the information contained in the Knowledge Center section of our site is supplied by third parties. FOX does not assume any responsibility or liability for information contained therein. FOX does not guarantee the accuracy of or endorse the views or opinions given by any third party content provider to this site. FOX shall not be liable for any errors, inaccuracies or delays in such content, or for any actions taken in reliance thereon. Nothing contained herein should be interpreted as a recommendation or endorsement by FOX that you should make any purchase or sale or participate in any transaction, or hire any investment advisory firm.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL PROGRAMS AND SERVICES AND ANY RELATED INFORMATION OR PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FOX DOES NOT WARRANT THAT ANY SERVICE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE ANY SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, FOX DOES NOT WARRANT THAT (A) THE PROGRAMS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE PROGRAMS OR SERVICES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE PROGRAMS, SERVICES OR INFORMATION OBTAINED THROUGH OR FROM THE PROGRAMS OR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, SECURE OR RELIABLE, OR (D) ANY DEFECTS IN OR ON THE PROGRAMS OR SERVICES WILL BE CORRECTED. FOX MAKES NO REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SERVICES, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE PROGRAMS AND SERVICES MAY BE IMPAIRED.

EXCEPT INSOFAR AS THE FOLLOWING LIMITATION MAY BE PROHIBITED BY APPLICABLE LAW, FOX SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR EARNING POWER, LOSS OF DATA, LOSSES DUE TO ERRORS OR INTERRUPTION IN AVAILABILITY OF ANY SERVICES, UNAVAILABILITY OF ANY PROGRAM, SERVER OR COMMUNICATIONS FACILITY, OR DAMAGES DUE TO ACTS OR OMISSIONS OF OTHERS USING ANY SERVICE OR PARTICIPATING IN A PROGRAM), ARISING OUT OF OR RELATING TO THE AGREEMENTS, THE SERVICES OR THE PROGRAMS, INCLUDING WITHOUT LIMITATION YOUR AND OTHERS' USE OF OR INABILITY TO USE ANY SERVICE, OR YOUR PARTICIPATION IN ANY PROGRAM, OR YOUR SUBMISSION OR USE OF USER CONTENT, OR OTHERS’ USE OF YOUR USER CONTENT, OR YOUR INTERACTION WITH OTHER PROGRAM PARTICIPANTS (WHETHER ONLINE OR IN PERSON), OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH ANY PROGRAM OR SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW. FOX'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE AGREEMENTS, THE SERVICES OR THE PROGRAMS (INCLUDING, WITHOUT LIMITATION, IN THE WAYS DESCRIBED IN THE PRECEDING SENTENCE), WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, WILL NOT EXCEED THE GREATER OF (1) THE TOTAL AMOUNT OF FEES RECEIVED BY FOX FROM YOU OR ON YOUR BEHALF FOR OR IN CONNECTION WITH THE SERVICES AND ANY PROGRAMS IN ANY TWELVE MONTH PERIOD OR (2) U.S.$100. THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER OR NOT FOX HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT.

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS AND CONDITIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FOX, AND THAT THESE LIMITATIONS ARE ESSENTIAL TO FOX'S WILLINGNESS TO MAKE THE SERVICE AND PROGRAMS AVAILABLE TO YOU. EACH OF THESE DISCLAIMERS AND LIMITATIONS IS INTENDED TO BE SEPARATELY ENFORCEABLE, REGARDLESS OF WHETHER ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THE LAWS OR REGULATIONS OF THESE JURISDICTIONS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the site, products, or services, violation of this Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us. We will make reasonable efforts to provide you with notice of any such claim, but our failure to provide such notice will not relieve you of these obligations.

Integration

The Terms of Use, Privacy Policy, and Code of Conduct together constitute the entire agreement between you and FOX with respect to your use of the site, FOX products, and or FOX services, superseding any prior agreements between you and FOX regarding your use of any of a FOX product or service. Some terms applicable to your registration for FOX or your enrollment or participation in FOX programs may be provided to you at the time of registration or access or on program-specific web pages. These additional terms may include, among other things, terms relating to the act of registering, specific fees or program requirements. Your registration, enrollment or participation also shall be subject to your agreement and compliance with those additional terms.

Miscellaneous

This Agreement constitutes the entire agreement between us and you with respect to the subject matter of this agreement and supersedes all previous and contemporaneous agreements, proposals and communications on this subject, whether written or oral. This agreement is personal to you, is not intended to benefit any third party, and does not create any third party beneficiaries. You may not assign this agreement to anyone.

This Agreement will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. By using this site and or purchasing products or services from FOX, you consent to the exclusive jurisdiction and venue of the state and federal courts in Cook County, Illinois in all disputes arising out of or relating to this Agreement or use of this website. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or this Agreement must be filed by you within one year after such claim or cause of action arose or be forever barred.

This Site is operated from a site in the State of Illinois. FOX makes no representations that materials on this Site are appropriate or available for use in other locations. If you access this Site from other locations, you are responsible for complying with local laws.

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of this Agreement will remain in full force and effect.  FOX may freely transfer or assign any portion of its rights or delegate its obligations under this Agreement. You may not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under the Agreement without the prior written consent of FOX, and any attempted such transfer or assignment shall be void and of no effect.

The waiver or failure of FOX to exercise any right provided for herein will not be deemed a waiver of any further right hereunder.