Terms of Use
BERYL360.COM - Terms of Use
Welcome to BERYL360.COM's online service (the "Service") owned by The Beryl Consulting Group, LLC. ("BERYL"). As part of our service, BERYL360.COM provides you with data, news, information, statistics, search features, data indices, e-mail service, message boards, and other computer services ("Material") that BERYL360.COM may decide to offer, subject to the terms of this Agreement. Upon notice published through the Service, BERYL360.COM may modify this Agreement at any time. You agree and continue to agree to use BERYL360.COM Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below.
BERYL360.COM reserves the right to terminate, at any time, any subscriber's account with InteractiveHedge.com (as well as access to the latter's website), without giving notice or a reason for such termination to the subscriber.
Rules for Online Conduct for BERYL360.COM Message Boards, Fund Listings and Email Services: You agree that you will not post any of the following material in Service message boards, emails, or other forums, including, but not limited to, fund listings ("postings"):
Material which defames, abuses or threatens others. Statements that are bigoted, hateful or racially offensive. Material that advocates illegal activity or discusses illegal activities with the intent to commit them. Unauthorized copyrighted material. Material that contains vulgar, obscene or indecent language or images. Advertising or any form of commercial solicitation. Material that does not pertain to the message board's general topic. Any activity that may be deemed a violation of securities laws or any material that BERYL360.COM deems inappropriate.
Statements or postings which violate the above terms will be deleted from postings upon discovery. Depending on the nature of the violation, BERYL360.COM at its sole discretion may terminate Registered User's access.
30 Day Waiting Period:
Registered Users are prohibited from investing in a private investment fund listed on the website for a period of 30 days from the time a Registered User first receives full access to the website, unless the Registered User has a pre-existing relationship with the private investment fund.
Non-Transferability of Access Membership:
BERYL360.COM grants to Registered User a personal, non-exclusive, non-assignable and non-transferable license to use the InteractiveHedge.com Service. Unauthorized copying of any Alternative Investment Material or duplication of any Alternative Investment Material in any manner, including any re-distribution of BERYL360.COM 's "Printable Snapshot," including Alternative Investment Material or its underlying software that has been modified, merged or included with the Alternative Investment Material associated therewith is expressly forbidden. Registered User acknowledges that Registered User may not sublicense, transfer, sell or assign this license. Any attempt to sublicense, transfer, sell or assign the license is void.
Removal of Fund Information:
A private investment fund's listing and information may be removed from the website at any time at the sole discretion of BERYL. BERYL owes no duty or obligation to Registered Users or private investment funds to inform Registered Users or private investment funds when a private investment fund's listing and information is removed from the website. BERYL also owes no duty or obligation to Registered Users or private investment funds to explain why a private investment fund's listing and information has been removed from the website. It is the policy of BERYL to not (a) inform Registered Users or other private investment funds when a private investment fund's listing and information is removed from the website or (b) provide an explanation to Registered Users or other private investment funds as to why a private investment fund's listing and information has been removed from the website.
Copyrighted Materials:
Only public domain software or graphics files or files where the owner has given express permission for online distribution may be posted to message boards or emails on the Service. The posting of any other type of file and the posting of links to any other type of file is strictly forbidden. The following types of files are examples of strictly forbidden postings:
Unauthorized copies of copyrighted photographs, drawings, graphics, text or other writings, computer programs or other software, recordings or designs; files containing advertisements or solicitations aimed at persuading other members to use certain goods, services or products, or invest in certain alternative investment funds without the express written permission of BERYL360.COM; material of a sexually explicit nature, including photographs and text.
Copyrighted material, including without limitation text, photographs, sound, video and music, may not be placed on the Service without the express permission of the author or owner of the copyright on the material. Registered User acknowledges that only the owner or someone authorized by the owner to post the material may do so. The downloading of copyrighted material is allowed by Registered Users only for Registered Users' own use. Registered Users may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The burden of determining that any information, software or any other content on the Service is not protected by copyright rests with the Registered User. Registered User acknowledges that InteractiveHedge.com and/or third-party content providers remain the owners of the posted materials, and that Registered User does not acquire any of those ownership rights by downloading copyrighted materials.
E-Mail via BERYL360.COM:
Email is a part of InteractiveHedge.com's service designed for communication between Registered Users (investors and managers). BERYL360.COM reserves the right to take action against any Registered User who is defaming, harassing or otherwise offending another Registered User through e-mail, if it comes to BERYL360.COM 's attention that this type of abuse is occurring, as is more fully set forth above in "Rules for Online Conduct."
Limitation Of Liability And Warranty
Specifically, The Beryl Consulting Group LLC., its subsidiaries and affiliates and each of such parties' officers, directors, shareholders, members, employees, affiliates, suppliers (collectively the " BERYL Parties") DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. REGISTERED USER SPECIFICALLY ACKNOWLEDGES THAT BERYL PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER REGISTERED USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH REGISTERED USER.
NEITHER BERYL PARTIES NOR ANY OF ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. REGISTERED USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
Trademarks:
BERYL360.COM, the BERYL360.COM logo, " BERYL Database," and BERYL Indices, are trademarks of BERYL and. All other trademarks appearing on the Service are trademarks of their respective owners.
Notice:
BERYL360.COM may give notice to Registered Users by means of a general notice on the Service, electronic mail to Registered User's e-mail address on record with InteractiveHedge.com, or by written communication sent by first class mail to a Registered User's address on record with BERYL360.COM. You may give notice to BERYL360.COM (such notice shall be deemed given when received by BERYL360.COM at any time by any of the following):
1. electronic mail to info@beryl360.com
2. letter delivered by first class postage prepaid mail or courier to BERYL360.COM at the following address:
The Beryl Consulting Group, LLC.
45 River Drive South, Suite 1602
Jersey City, NJ 07310
Indemnification:
Registered User agrees to indemnify the BERYL Parties against and hold them harmless from any and all loss, claims, damages, liabilities and expenses, including reasonable attorney's fees and court costs, related to Registered User's violation of this Terms of Use, including, but not limited to, the Rules For Online Conduct or any information, software or other content placed on the Service by Registered User.
If a Registered User is a representative of a private investment fund and uses the Service to post information on such fund then such private investment fund, its general partners, managing members, investment managers and sponsors ("Fund Parties'), jointly and severally agree to indemnify the InteractiveHedge.com Parties against and hold them harmless from any and all loss, claims, damages, liabilities and expenses, including reasonable attorney's fees and court costs, related to (i) a violation of the provisions of this Terms of Use by the Fund Parties, including, but not limited to, the Rules for Online Conduct or (ii) any information posted on the Service by the Fund Parties or on behalf of the Fund Parties.
Choice Of Law:
This Agreement shall be construed and controlled by the laws of the State of New York. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of New York. Registered User agrees to personal jurisdiction by the state and federal courts sitting in the State of New York.
Merger Clause:
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between BERYL representatives and Registered User. BERYL may amend or modify this Agreement or impose new conditions at any time upon notice from BERYL360.COM to Registered User as published through the Service. Any use of the Service by Registered User after such notice shall be deemed to constitute acceptance by Registered User of such amendments, modifications or new conditions.
BERYL360.COM Notice:
BERYL360.COM text, statistical graphs, data, photos, graphics, audio and/or video materials, or any other Alternative Investment Material shall not directly or indirectly be published, rewritten for broadcast or publication or redistributed in any medium EXCEPT Registered User may, for Registered User's sole use and information but for no other purpose and not for publication or redistribution, access and use BERYL360.COM 's "Printable Snapshot" feature. Neither these materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Registered User does not hold BERYL parties liable for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damage arising from any of the foregoing.