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TERMS OF USE & SERVICE
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Last Updated: September
28th, 2009
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Introduction
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Welcome to StreetRede.com, a communications and information resource for students,
professionals, companies, and organizations interested in the financial services
industry (the "StreetRede Website"). This Terms of Use Agreement (the "Terms") governs
your use of the StreetRede Website, including the web content, products, technology
and services available there (collectively, the "StreetRede Service"). The Terms
describe the terms and conditions applicable to use of the StreetRede Service by
all persons and entities, including you, and any other member or other user of the
StreetRede Service (each a "User"). By accessing or using the StreetRede Service,
you signify that you have read the Terms and accept and agree to be bound by them,
as well as the StreetRede Privacy Policy
http://www.streetrede.com/home/privacyPolicy/ , whether or not you register
for an account with StreetRede (an "Account"). Please read the Terms carefully so
that you are aware of your legal rights and obligations with respect to [StreetRede
TO BE NAMED LLC], StreetRede.com, and any of their respective successors and assigns
(collectively, "we", "us", "our" or "StreetRede"). Where applicable under law, these
Terms constitute a "writing signed by you."
We reserve the right, at our sole discretion, to change, modify, add or delete portions
of these Terms at any time without further notice. If we do this, we will post the
changes to these Terms on this page. We may also send you an email notification
of the change. If any modification is unacceptable to you, you must stop using the
StreetRede Service. Your continued use of the StreetRede Service following our posting
of a change to the Terms or receiving an email notification of the change will constitute
your binding acceptance of the changed Terms. We recommend that you visit this webpage
periodically to review the most current Terms.
User Eligibility and Registration
The StreetRede Service is intended solely for Users who are 18 years of age or older.
You represent and warrant that you (a) are not under the age of 18; (b) have not
previously been suspended or removed from StreetRede; (c) are not a direct competitor
of StreetRede; (d) do not have more than one StreetRede account at any given time;
and (e) that you have full power and authority to enter into these Terms and that
doing so will not violate any other agreement to which you are a party. Use of the
StreetRede Service is void where prohibited.
Description of Services and Disclaimer
The StreetRede Service is a venue that provides Users with a variety of online services
and features relating to the financial services industry, including, but not limited
to:
- User Profiles: Users who register for an Account may promote and
exchange information about their organization, services and themselves within their
profile, and can invite friends, contacts and other students and professionals,
into their STREET Network to do the same. Users within one another's STREET Network
can post comments on other Users STREET Board to be displayed in the Users profiles.
Users may, at their option, post traditional Resumes, digital Video Resumes, as
well as other information about themselves and their Career Goals. Users can send
and receive emails to one another through their STREET Inbox. Information included
on a Users profile and other communications between Users are subject to the StreetRede
http://www.streetrede.com/home/privacyPolicy/
- STREET Search: Users with Accounts are able to search for student
and professionals to invite to join their STREET Networks, based on various criteria
such as industry sector, title and company.
- STREET Guide: As a service to its Users, StreetRede provides information
about various topics, including job descriptions, certificates and licenses applicable
to the financial industry, "Street Journey" commentary submitted by Wall Street
professionals relating some of their personal career experiences, and an Ask HR
feature, with question and answers relating to various human resources topics. Users
can also take a "Street Test" for feedback on career possibilities that might interest
them, based on factors such as personality, experience, hobbies and education. Please
also refer to the STREET Guide, STREET Talk and
STREET Events Disclaimer and Release].
- STREET Talk: Users with Accounts may post commentary, questions,
or conversation threads, which can be located by searching by keyword or industry
sector, or choosing from the posted list of topics, and allowing other registered
Users the opportunity to respond. The purpose of STREET Talk is to connect students
and professionals, so that they can share insights into the different financial
sectors and career possibilities. Users are encouraged to promptly report any offensive
content or content which violates the terms of these Terms to StreetRede. StreetRede
has the right, but not the obligation, to delete any reported content, including
by deleting the entire conversation thread. Please also refer to the [ STREET
Guide, STREET Talk and STREET Events Disclaimer
and Release].
- STREET Events: The StreetRede Service provides a bulletin board
and calendar, listing various social gatherings, lectures, seminars and other events,
which may be sponsored or hosted by StreetRede, a User or another third party, and
that may be of interest to StreetRede Users. StreetRede does not guarantee that
any or all events submitted by Users will be posted on STREET Events. Some STREET
Events may be available only to Users and other persons over a certain age or subject
to other professional or membership criteria. Please also refer to the STREET
Guide, STREET Talk and STREET Events Disclaimer
and Release].
Any new feature, tool or information added to or that enhances the StreetRede Service
will automatically become part of the StreetRede Service and will be subject to
these Terms. In using the StreetRede Service, you acknowledge and agree that the
StreetRede Service may also include third party advertisements and marketing tools.
StreetRede makes no warranties, representations or guarantees as to the accuracy,
completeness or quality of any information on the StreetRede Website.
Your Use of the Services and Account
Your use of the StreetRede Service is governed by the Terms. StreetRede may terminate
your Account, and suspend or remove you from the StreetRede Service without prior
notice for any reason or no reason at its sole discretion.
In order to use portions of the StreetRede Service you may be required to register
with StreetRede to open an Account. You are responsible for maintaining the confidentiality
of your Account with StreetRede. As part of the registration process, you will be
asked to select a password, and you will be responsible for all activities that
occur under your Account with or without your knowledge. If you knowingly provide
your password information to another person, your Account privileges may be temporarily
suspended or permanently terminated. Additionally, you are prohibited from selling,
trading, or otherwise transferring (with or without consideration) your Account
to another party. You agree to immediately notify StreetRede of any unauthorized
use of your password or Account or any other breach of security. StreetRede cannot
and will not be liable for any loss or damage arising from your failure to comply
with these Terms.
Misrepresentation Prohibited
In using the StreetRede Service, you are agreeing that you will not misrepresent
your identity, professional or educational affiliations; licensing, experience or
ability to engage in any offered or solicited transaction or relationship. Any information
you provide in registering for an Account, posting a resume or communicating with
Users or other third parties on or through the StreetRede Service must be correct,
truthful and to the extent possible, complete, in all respects.
Compliance With Laws
If you use the StreetRede Service for professional networking purposes, you understand
and agree that you, and not StreetRede, are entirely responsible for your compliance
with any applicable labor, employment, human rights and other laws of your jurisdiction,
and that StreetRede has no liability for your noncompliance with any such laws.
User Posted Content
You are solely responsible for your conduct, and for any data, text, information,
graphics, photos, audio and video clips, links and other content, in any form ("Materials"),
that you submit, post, and display on the StreetRede Service.
We may, but will have no obligation to, remove or limit access to Materials originating
from any User that we believe in our sole discretion to be unlawful, fraudulent,
threatening, libelous, defamatory, obscene or otherwise objectionable, or that infringe
or violate any partys intellectual property or other proprietary rights or these
Terms. Further, under no circumstances does StreetRede have any obligation to verify
the accuracy, timeliness or truthfulness of any Materials, nor to monitor any User
on the StreetRede Website.
The StreetRede Service may include various forums, blogs and chat rooms where you
can post your observations and comments on designated topics. StreetRede cannot
guarantee that other Users will not use the ideas and information that you share.
Therefore, if you have an idea or information that you would like to keep confidential
and/or dont want others to use, do not post it on the StreetRede Service. StreetRede
and any StreetRede affiliates are not responsible for a Users misuse or misappropriation
or any content or information you post on forums or elsewhere on the StreetRede
Service.
In the course of using the StreetRede Service, Users have the ability to post Materials
that may be visible to certain other Users (see the StreetRede Service Privacy Policy
http://www.streetrede.com/home/privacyPolicy/
to learn more about information collected on or through the StreetRede Website).
You understand and agree that all Materials are the sole responsibility of the person
from which such content originated. This means that you, and not StreetRede or the
StreetRede Service, are entirely responsible for all Materials that you upload,
download, post, email, transmit or otherwise make available via the StreetRede Service.
StreetRede does not control the content posted via the StreetRede Service and, as
such, does not guarantee the accuracy, completeness, integrity or quality of such
content.
While StreetRede has the right to monitor activity and content associated with the
StreetRede Service, we are not obligated to do so. Without limiting the generality
of the preceding sentence, you acknowledge and agree that while the StreetRede Service
may use certain automated filters and other tools to categorize, arrange and optimize
Materials on the StreetRede Service, StreetRede does not otherwise pre-screen or
control these Materials. However, StreetRede and its designees have the right (but
not the obligation) at their sole discretion to refuse or remove any Materials,
in whole or in part, from inclusion in the StreetRede Service at any time. You understand
and agree that in using the StreetRede Service, you may be exposed to Materials,
or receive communications from Users or other third parties that you find offensive,
indecent or objectionable. You can contact us to let us know of content or communications
that you find objectionable. We may investigate the complaints and violations of
our policies that come to our attention and may take any action that we believe
is appropriate, including, but not limited to issuing warnings, removing the content
or terminating Accounts. However, because situations and interpretations vary, we
also reserve the right not to take any action. Under no circumstances will StreetRede
be liable in any way for any Materials, including, but not limited to, for any errors
or omissions in any Materials, or for any loss or damage of any kind incurred as
a result of the use of, access to, or denial of access to, any Materials posted,
emailed, transmitted or otherwise made available via the StreetRede Service.
In posting any Materials, you represent you have all rights necessary to post such
Materials without violation of any intellectual property or other rights or any
laws or regulations. You further understand and agree that by uploading or posting
Materials on the StreetRede Service or otherwise providing Materials to StreetRede,
including without limitation, content, suggestions, feedback, testimonials or other
materials you submit to StreetRede or through the StreetRede Service, you are granting
to StreetRede a world-wide, royalty-free, non-exclusive license to use, reproduce,
publish, translate, modify, adapt and distribute that Materials (in whole or in
part) for use in connection with or related to the StreetRede Service, or any part
thereof, for the full term of any copyright that may exist in such Materials, and
that the foregoing license includes a right for StreetRede to make such Materials
available to third parties with whom StreetRede has business relationships, in each
case without any compensation or obligation to you, subject to the StreetRede Service
Privacy Policy
http://www.streetrede.com/home/privacyPolicy/.
You hereby further grant StreetRede the right to edit, copy, publish and distribute
any Materials made available on or through the StreetRede Website by you, for any
lawful purpose. You also permit any other User to access, view, store or reproduce
any content or links posted by you, subject to the Terms. You understand that the
technical processing and transmission of the StreetRede Service, and any Materials
you have submitted through the StreetRede Service, may involve transmissions over
various networks and may require changes to the Materials in order to conform and
adapt to technical requirements of connecting networks or devices.
You understand that StreetRede cannot and does not guarantee the identity of any
other User with whom you may interact in the course of using the StreetRede Service.
Additionally, we cannot and do not guarantee the authenticity of any data or information
that Users may provide about themselves, about the financial services industry,
or any other Materials that is posted or otherwise made available on the StreetRede
Service. You agree that you must evaluate, investigate and bear all risks associated
with the use of any Materials, including any reliance on the accuracy, completeness
or integrity of such Materials.
You further acknowledge and agree that StreetRede may preserve Materials, and may
also disclose Materials, including personally identifiable information (notwithstanding
the Privacy Policy http://www.streetrede.com/home/privacyPolicy/
if required to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce
the Terms or any other applicable agreement or policy; (c) respond to claims that
any Materials violates the rights of third-parties; or (d) protect the rights, property,
or personal safety of StreetRede, its Users and the public. Without limiting the
generality of the foregoing, StreetRede may be required to disclose information
and Materials to individuals asserting rights under the Digital Millennium Copyright
Act, and you expressly authorize StreetRede to comply with any and all lawful notices,
subpoenas, court orders or warrants without prior notice to you.
User Conduct
You agree to abide by all applicable local, state, national and international laws
and regulations and are solely responsible for all acts or omissions that occur
under your Account including the content of your transmissions through the StreetRede
Service. By way of example, and not as a limitation, you agree that you will not,
and that you will not encourage, solicit, assist or enable any third party to:
a. Use the StreetRede Service for any unlawful purpose, including but not limited
to conspiring to violate law;
b. Upload, post, transmit or otherwise make available any Materials, or engage in
communication, that is unlawful, fraudulent, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, inappropriate, invasive of another's
privacy (including without limitation, any address, email, phone number or other
contact or financial information without the written consent of the owner of such
information), hateful, or racially, ethnically or otherwise objectionable, or that
you do not have a right to transmit under any law or under contractual or fiduciary
relationships;
c. Upload, post, transmit or otherwise make available any Materials, or engage in
communication, that violates federal, state, or local equal employment opportunity
laws, including but not limited to, stating in any solicitation for employment a
preference or requirement based on race, color, religion, sex, national origin,
age, sexual orientation, or disability;
d. Upload, post, transmit or otherwise make available any Materials, or engage in
communication, that violates any applicable law or regulation relating to securities,
including, without limitation, the rules and regulations of the U.S. Securities
and Exchange Commission and the national or other securities exchanges, or make
any offer to sell or buy any security;
e. Use any User resumes for any commercial purpose other than as permitted by these
Terms, including but not limited to using the information in User resumes to sell
or promote any products or services;
f. Promote or provide instructional information about illegal activities, stalk,
harass or promote physical harm or injury against any group or individual, or harm
minors in any way;
g. Use the StreetRede Service for fraudulent purposes;
h. Use other Users personal data for purposes other than establishing contact that
is reasonably expected to be welcomed by such other Users;
i. Contact anyone who has asked not to be contacted;
j. Submit Materials of any third party without such third party's prior written
consent, or Materials that falsely express or imply that such Materials are sponsored
or endorsed by StreetRede;
k. Create a false or misleading identity, including, but not limited to, impersonating
a StreetRede employee, or falsely state or otherwise misrepresent your affiliation
with a person or entity, for the purpose of misleading others as to the identity
of the sender or the origin of a message or to harvest or otherwise collect information
about others;
l. Transmit, email or post any Materials that contains in any form software viruses
or such programs as including but not limited to, Trojan horses, worms, time bombs,
cancel-bots, computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or telecommunications
equipment;
m. Use the StreetRede Service in any unlawful manner or in any other manner that
could damage, disable, overburden or impair the StreetRede Service, including but
not limited to interfere with or disrupt the StreetRede servers or networks connected
to the StreetRede Website, or disobey any requirements, procedures, policies or
regulations of networks connected to the StreetRede Website;
n. Attempt to gain unauthorized access to the StreetRede Service, other Accounts,
computer systems or networks connected to the StreetRede Service, through password
mining or any other means;
o. Attempt to modify, adapt, translate, hack, decompile or reverse engineer any
portion of the StreetRede Service;
p. Use any robot, spider, site search/retrieval application, or other device to
retrieve, scrape or index any portion of the StreetRede Website, except as expressly
authorized by StreetRede, provided that, unless otherwise determined by StreetRede,
the foregoing restrictions generally will not apply to the StreetRede Website homepage
or automated processes used solely for indexing and hyperlink purposes by general
purpose search engines or for indexing and archiving purposes by non-commercial
public archives;
q. Copy any part of the StreetRede Service (other than as permitted under United
States copyright laws) without the express permission of StreetRede, remove any
proprietary notices from the StreetRede Website or any copy thereof without the
express permission of StreetRede, or cause, permit or authorize the modification,
creation of derivative works, or translation of the StreetRede Website without the
express permission of StreetRede;
r. Reformat or frame any portion of the web pages that are part of the StreetRede
Service;
s. Upload, post or disseminate content that infringes any patent, trademark, trade
secret, copyright, rights of privacy or publicity, or other proprietary right of
any party or infringes any intellectual property law or any other applicable law;
t. Remove any copyright, trademark or other proprietary rights notices contained
in or on the StreetRede Service;
u. Disseminate, upload or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes',
or any other form of such solicitation;
v. Interfere with another Users use and enjoyment of the StreetRede Service;
w. Harvest or collect email addresses or other contact information of Members, including
usernames, from the StreetRede Service by electronic or other means; and
x. Sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant
rights in any manner to your Account or password, including, without limitation,
on or through the use of any third party web site or service.
y. Take any steps to interfere with or in any manner compromise or circumvent any
of StreetRedes privacy or security measures
z. Allow usage by others in such a way as to violate these Terms, the StreetRede
Privacy Policy
http://www.streetrede.com/home/privacyPolicy/
or any other applicable agreements or policies in effect from time to time, or
aa. Use the StreetRede Service for any unauthorized commercial purpose or in any
manner not expressly permitted by the Terms, or, as applicable, that otherwise exceeds
the scope of the StreetRede Service that you have signed up for (i.e., by accessing
and using services that you do not have a right to use under the applicable Terms).
Termination
You understand and agree that StreetRede may, for any or no reason, immediately
terminate your Account and access to the StreetRede Service without prior notice.
Without limiting the generality of the immediately preceding sentence, your Account
and your access to the StreetRede Service may be suspended and/or terminated if
(a) you breach or violate these Terms, the StreetRede Privacy Policy
http://www.streetrede.com/home/privacyPolicy/ or any other applicable agreements
or policies, (b) requested by law enforcement or other government or regulatory
agencies, (c) you request this (self-initiated account deletions), (d) the StreetRede
Service experiences unexpected technical issues or problems, (e) your Account has
been inactive for an extended period of time and/or (f) you fail to pay any fees
owed by you in connection with any paid services that may be offered through the
StreetRede Service from time to time. You understand and agree that all decisions
relating to Account terminations will be made at StreetRedes sole discretion and
that StreetRede will not be liable to you or to any third-party for any suspension
or termination of your Account or your ability to access any or all of the StreetRede
Service. To cancel your Account, email at cancellation@streetrede.com
Special Warning for International Users
The StreetRede Service is made available for your personal, non-commercial use only.
You may not use the StreetRede Service for any illegal or unauthorized purpose.
Recognizing the global nature of the Internet, you further agree to comply with
all applicable local rules including but not limited to rules regarding online conduct
and acceptable content. You further acknowledge that any software that may be available
or provided to you on this website may contain technology that is subject to strict
controls pursuant to export control laws and regulations of the United States of
America and other countries and jurisdictions. You hereby agree that you will not
transfer or export such software in violation of any such applicable export laws
and regulations.
Privacy Policy
You should carefully read our full Privacy Policy
http://www.streetrede.com/home/privacyPolicy/ before deciding to become
a User of StreetRede. Please note that certain Materials (such as video resumes
or photographs), which you may choose to provide might, or are likely to, reveal
your gender, ethnic origin, nationality, religion and/or sexual orientation, and
that you are providing all such Materials in full acknowledgment thereof and under
your sole responsibility. By providing any such information to us, all of which
is optional, you are hereby expressly giving your informed consent to the processing
by us of such "sensitive" data.
StreetRede Communications and Updates
In the course of providing you with the StreetRede Service, StreetRede may need
to communicate with you via email (see our Privacy Policy
http://www.streetrede.com/home/privacyPolicy/ to learn more about our communications).
You agree to receive emails that are specific to your Account and necessary for
the normal functioning of the StreetRede Service.
Advertisers and Third Party Links
Your correspondence or business dealings with, or participation in promotions of,
advertisers and other service providers found on or through the StreetRede Service,
including payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are solely
and entirely between you and the advertiser or other service provider. You agree
that StreetRede will not be responsible or liable, directly or indirectly, for any
loss or damage of any sort incurred as the result of any such dealings or as the
result of the presence of the advertisers on the StreetRede Service. StreetRede
makes no warranties, representations or guarantees as to the accuracy, completeness
or quality of any such promotions.
Further, you understand and agree that the StreetRede Service, other Users of the
StreetRede Service and third parties may provide links to other Internet sites or
resources. Because StreetRede has no control over any external sites and resources,
you acknowledge and agree that StreetRede is not responsible for the availability
of such external sites or resources, and does not endorse and is not responsible
or liable for any content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that StreetRede
will not be 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
such content, goods or services available on or through any such site or resource.
The risk of transacting with or visiting the websites of any such third parties
is entirely with you.
Modification or Termination of StreetRede Service
StreetRede reserves the right at any time and from time to time to modify, suspend
or discontinue, temporarily or permanently, the StreetRede Service (in whole or
in part) with or without notice to you. You agree that StreetRede will not be liable
to you or to any third party for any modification, suspension or discontinuance
of the StreetRede Service.
Indemnification
By accepting these Terms, you agree to indemnify and otherwise hold harmless StreetRede,
its directors, officers, employees, agents, subsidiaries, affiliates and other partners
from and against any and all claims, demands, actions, costs, liabilities, losses
and damages of any kind (including reasonable attorneys' fees) due to or arising
from (a) your use of the StreetRede Service, (b) your violation of the Terms or
any rights of another, (c) unauthorized access to or alteration of your communications
or other Materials with or through the StreetRede Service, (d) any breach of contract,
tort or other claims made by Users or third parties with which or whom you transact
through or outside of the StreetRede Service; (e) your breach of any applicable
privacy, disclosure, employment or other laws; and/or (f) any other matter relating
to the StreetRede Service, whether you are a registered User or not. You further
acknowledge and agree that any business transactions or other relationships that
may arise between you, other Users and/or any third parties from your and their
use of the StreetRede Service are the sole responsibility of you, the other Users
and any third parties involved. You understand that you must conduct your own investigations
before and throughout the course of any employment, financial, social or other transaction
you engage in with any other User or third party.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE STREETREDE SERVICE IS AT
YOUR OWN RISK AND THAT THE STREETREDE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. STREETREDE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING
OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
STREETREDE MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR
IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY USER OR THIRD PARTY,
OR AS TO THE ACCURACY OF THE INFORMATION MADE AVAILABLE THROUGH THE STREETREDE SERVICE
BY ANY USER OR THIRD PARTY, AND STREETREDE SERVICE EXPRESSLY DISCLAIMS ALL LIABILITY
FOR DAMAGES OF ANY KIND ARISING OUT OF ANY USE, REFERENCE OR RELIANCE ON SUCH INFORMATION.
YOU AGREE THAT YOUR INTERACTIONS AND TRANSACTIONS WITH ANY USER OR OTHER THIRD PARTY
ARE AT YOUR SOLE RISK.
STREETREDE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF
THE STREETREDE SERVICE. THE STREETREDE SERVICE MAY INCLUDE INCORRECT OR INACCURATE
MATERIALS, WHETHER POSTED BY STREETREDE, ITS USERS, OR RESULTING FROM ANY OF THE
EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED IN, THE STREETREDE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, STREETREDE DISCLAIMS ANY WARRANTIES AS TO
THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS AND/OR PERFORMANCE
OF THE STREETREDE WEBSITE AND THE STREETREDE SERVICE, AND ANY MATERIALS OR SERVICES
AVAILABLE OR OFFERED AT OR THROUGH THE STREETREDE SERVICE.
STREETREDE MAKES NO WARRANTY THAT (i) THE STREETREDE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE STREETREDE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE STREETREDE SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE STREETREDE WEBSITE WILL MEET YOUR
EXPECTATIONS, (v) THE STREETREDE SERVICE AND/OR THE SERVER THAT MAKES SAME AVAILABLE
ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD
DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES,
INSTRUCTIONS, PROGRAMS OR COMPONENTS, AND (vi) ANY ERRORS IN THE STREETREDE SERVICE
WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE STREETREDE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STREETREDE
OR THROUGH OR FROM THE STREETREDE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
In using the StreetRede Service, including its networking, communications and other
interactive features, you acknowledge and agree that there are risks, including
but not limited to the risk of physical harm, of dealing with strangers, foreign
nationals, underage persons, or people acting under delusions or false pretenses.
Accordingly, you agree that you assume all risks associated with dealing with other
Users with whom you come in contact through the StreetRede Website and/or your use
of the StreetRede Service. You further agree that StreetRede cannot be and does
not become involved in dealings between Users, nor control or influence the behavior
of any User or third party. In the event that you have a dispute with any User or
third party you encounter through your use of the StreetRede Service, you hereby
release, discharge and hold harmless StreetRede (and its agents and employees) from
any and all claims, demands and damages (actual and consequential and direct and
indirect) of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such disputes.
STREET Guide, STREET Talk and STREET Event Disclaimers and Release
The following disclaimers supplement, and are not intended to limit the generality
of the foregoing general disclaimers release applicable to the StreetRede Service:
STREETREDE MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES AS TO THE ACCURACY,
COMPLETENESS, TIMELINESS OR QUALITY OF ANY INFORMATION ON THE STREET GUIDE. ANY
COMMUNICATIONS EXPRESSED BY ANY INDIVIDUAL USER OR OTHER THIRD PARTY, WHETHER IN
A "STREET JOURNEY" OR OTHER FEATURE OF THE STREETREDE SERVICE, REPRESENTS THE PERSONAL
OPINION OF THAT INDIVIDUAL ALONE, AND DOES NOT AND SHALL NOT BE CONSTRUED TO REPRESENT
THE OPINION OR OFFICIAL POLICY OF ANY ENTITY OR ORGANIZATION WITH WHOM THAT INDIVIDUAL
MAY BE AFFILIATED, UNLESS EXPRESSLY AND UNAMBIGOUSLY STATED OTHERWISE. ANY INFORMATION
PROVIDED THROUGH THE "STREET TEST" AND "ASK HR" FEATURES OF THE STREET GUIDE IS
FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. BEFORE TAKING ANY ACTION OR OMITTING
TO TAKE ANY ACTION BASED ON YOUR USE OF THE STREET GUIDE, YOU ARE STRONGLY ENCOURAGED
TO CONDUCT YOUR OWN INDEPENDENT INVESTIGATION AND DUE DILIGENCE, AND, IF APPLICABLE,
CONSULT WITH YOUR OWN LEGAL, ACCOUNTING, TAX, FINANCIAL, CAREER OR OTHER PROFESSIONAL
ADVISOR.
STREETREDE AND ITS PRINCIPALS ARE NOT A REGISTERED INVESTMENT ADVISER OR A BROKER/DEALER.
ALL INFORMATION AND PERSONAL OPINIONS INCLUDED IN POSTINGS ON THE STREET TALK FEATURE
ARE INTENDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES, AND ARE NOT TO
BE CONSTRUED AS PROFESSIONAL CAREER, INVESTMENT, FINANCIAL, LEGAL, TAX OR OTHER
PROFESSIONAL ADVICE. UNDER NO CIRCUMSTANCES IS ANYTHING ON THE STREETREDE SERVICE
TO BE DEEMED TO BE AN OFFER TO SELL OR THE SOLICITATION OF AN OFFER TO BUY, OR A
RECOMMENDATION TO BUY, HOLD OR SELL (SHORT OR OTHERWISE) ANY SECURITY. ALL COMMENTARY,
ANALYSIS, OPINIONS, SPECULATIONS, ADVICE AND RECOMMENDATIONS THAT MAY BE FOUND ON
STREET TALK, OR OTHERWISE ON THE STREETREDE SERVICE, REPRESENT THE PERSONAL AND
SUBJECTIVE VIEWS OF THE AUTHOR, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.
INFORMATION AVAILABLE THROUGH THE STREETREDE SERVICE IS NOT GUARANTEED TO BE ACCURATE,
COMPLETE, UP TO DATE OR ERROR-FREE AND SHOULD BE INDEPENDENTLY VERIFIED. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, STREETREDE AND ITS PRINCIPALS DISCLAIM ANY LIABILITY,
LOSS, OR RISK TAKEN BY USERS WHO DIRECTLY OR INDIRECTLY ACT ON THE INFORMATION CONTAINED
ON STREET TALK AND ELSEWHERE ON THE STREETREDE SERVICE. ALL USERS MUST ACCEPT FULL
RESPONSIBILITY FOR THEIR USE OF ANY INFORMATION AVAILABLE ON OR THROUGH THE STREETREDESERVICE.
YOUR PARTICIPATION IN ANY EVENT POSTED ON OR OTHERWISE MADE KNOWN TO YOU THROUGH
STREETREDE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE HOST OF ANY SUCH EVENT MAY REFUSE
ADMITTANCE, CHARGE AN ADMISSION FEE, SET A MINIMUM AGE REQUIREMENT, OR ASK YOU TO
LEAVE AN EVENT AT ANY TIME FOR ANY REASON. BY USING THE STREETREDE SERVICE YOU UNDERSTAND
AND AGREE THAT IF YOU PARTICIPATE IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO
A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE
INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT
LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES
AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES.
STREETREDE HAS NOT ATTEMPTED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE
RISKS. BY USING THE STREETREDE SERVICE, YOU AGREE AND UNDERSTAND THAT INJURIES AND
DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES,
EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY
RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY SUCH EVENT
Limitations on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STREETREDE WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF STREETREDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM ANY MATTER RELATING TO THE STREETREDE SERVICE.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE STREETREDE
SERVICE IS TO TERMINATE YOUR ACCOUNTAND CEASE USE OF THE STREETREDE SERVICE AND
THE STREETREDE WEBSITE.
NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS, YOU AGREE THAT IN NO EVENT WILL
STREETREDE'S CUMULATIVE LIABILITY TO YOU FOR ANY ACTION OR CLAIM ARISING FROM OR
RELATED TO THE STREETREDE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $100, OR (B) THE
AGGREGATE AMOUNT OF SERVICE FEES ACTUALLY COLLECTED BY STREETREDE FROM YOU FOR THE
STREETREDE SERVICE TO WHICH THE LIABILITY RELATES DURING THE SIX MONTH PERIOD IMMEDIATELY
PRECEDING THE DETERMINATION OF SUCH LIABILITY.
THE LIMITATIONS OF LIABILITY PROVIDED IN THE TERMS INURE TO THE BENEFIT OF US, OUR
AFFILIATES AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS
AND ASSIGNS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
Disclaimer of Relationship
You acknowledge that no joint venture, partnership, employment or agency relationship
exists between you and StreetRede or its authorized agents or contractors as a result
of your agreement to the Terms or your use of the StreetRede Service. Unless otherwise
specifically provided pursuant to a separate agreement between you and StreetRede,
you agree not to hold yourself out as a representative, agent, or employee of StreetRede
and that none of StreetRede, its authorized agents or its contractors shall be liable
for any representation, act or omission by you. You further acknowledge and agree
that your use of the StreetRede Service does not make StreetRede your headhunter,
recruiter, legal, financial or career advisor.
StreetRede Proprietary Rights and Trademarks
The StreetRede Website is protected by copyright as a collective work and/or compilation,
pursuant to U.S. copyright laws, international conventions, and other copyright
laws. You acknowledge and agree that the StreetRede Website may contain other proprietary
information that is protected by applicable laws governing intellectual property,
proprietary and similar rights, and any unauthorized use of the StreetRede Website
may violate such laws and these Terms. Except as expressly provided in these Terms
or in any separate written license agreement (whether posted on a site page, click
wrap or otherwise made available), StreetRede and any of its third party providers
do not grant any express or implied rights to use the StreetRede Services or any
of the software, content, products or services therein. You are advised that StreetRede
will aggressively enforce its intellectual property rights (whether those rights
happen to be registered or not, and wherever in the world those rights may exist)
to the fullest extent of the law.
You agree that all of StreetRedes trademarks, trade names, service marks and other
StreetRede logos and brand features, and product and service names, including but
not limited to the STREETREDETM and STREETREDE.COMTM marks
(each, a "Mark"), are trademarks and the property of StreetRede or one of its principals,
as the case may be, and may not be used except as expressly permitted by these Terms
or under the terms of a separate written agreement with the Mark owner.
Copyright Policy
You acknowledge and agree that you may not post, distribute, or reproduce in any
way any copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary rights, and
the burden of determining that any material is not protected by copyright, trademark
or similar rights rests with you. You are solely liable for any damage resulting
from any infringement of copyrights, trademark or other proprietary rights, or any
other harm resulting from such a posting, distribution or reproduction.
Without limiting the foregoing, if you believe that your work has been copied and
posted on the StreetRede Website in a way that constitutes copyright infringement,
please provide our designated Copyright Agent with the following information: an
electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright interest; a description of the copyrighted work that you
claim has been infringed; a description of where the material that you claim is
infringing is located on the StreetRede Website; your address, telephone number,
and email address; a written statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or the
law; a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf. The StreetRede Websites Copyright Agent for
notice of claims of copyright infringement can be reached at:
DMCA CONTACT
StreetRede LLC
P.O Box 4991
New York, NY
10185-4991.
Upon receipt of notice as described above, StreetRede will take whatever action,
in its sole discretion, it deems appropriate, which may include removal of the challenged
content from the StreetRede Website, in accordance with applicable law.
Entire Agreement
These Terms constitute the entire agreement between you and StreetRede and govern
your use of the StreetRede Service, superseding any prior agreements, oral or written,
between you and StreetRede (including any prior versions of the Terms).
Governing Law/Venue
The Terms between you and StreetRede will be governed by and construed in accordance
with the laws of the State of New York without regard to principles of conflict
of laws. You and StreetRede agree to submit to the personal and exclusive jurisdiction
of state and federal courts located within New York, New York.
General Information
The section titles of the Terms are displayed for convenience only and have no legal
or contractual effect. The failure of StreetRede to exercise or enforce any right
or provision of the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms or any incorporated documents are found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should attempt to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms remain in full force and effect.
Notices to you may be made via either email or regular mail. StreetRede may also
provide notices of changes to the Terms, additional terms of service or other matters
by displaying notices or links to notices to you generally on or through the StreetRede
Service. You agree that, except as otherwise expressly provided in these Terms,
there will be no third-party beneficiaries to this agreement.
StreetRede reserves the right to take any legal or technical remedies to prevent
the violation of these Terms and to protect the StreetRede Service, Users, and the
rights and property of StreetRede and its affiliates.
We may assign our rights and delegate our obligations under these Terms, in whole
or in part, at any time with or without notice to you. You may not assign any of
your rights or delegate your obligations under these Terms to any other person.
Any attempt by you to do so is void. You further understand and agree that your
Account is non-transferable by you and any rights to your password or other contents
of your Account terminate upon your death.
You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the StreetRede Service or the Terms
must be filed within one (1) year after such claim or cause of action arose or be
forever barred.
Please send any questions, concerns or comments, or report violations of the Terms
to us at support@streetrede.com .
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