Terms of Use

Last updated: March 2, 2012
Institute Council of Investors
Terms of Use Agreement

Welcome to this Web site (the “Site”) operated by the Institute Council of Investors (the “Council”) which is a division of the Sovereign Wealth Fund Institute, Inc. The following Terms of Use (“Agreement”) applies to your use of the Site. Only authorized users deemed by the Sovereign Wealth Fund Institute (the “Members”) shall have access to password protected content including pages, graphics and files. By accessing, browsing and/or otherwise using this Site, you acknowledge that you have read, understood and agreed to be bound by this Agreement.

1. General
The Council reserves the right to change this Agreement at any time at its sole discretion. The most current version of the Agreement can be accessed on every page of our Site. You should check the Site from time to time to review the then current Agreement because it is binding on you. Your continued use of the Site constitutes your acceptance of any changes to the Agreement.

You are required to comply with all applicable laws in connection with your access to and use of the Site, and such further limitations as may be set forth in any notice from the Council. As a condition of your access and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Agreement.

2. Copyright
The entire contents of this Site are subject to copyright protection. We grant you permission to display, copy, distribute, and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without our prior written approval.

3. Trademarks
All rights in the product names, company names, trade names, logos, service marks, product packaging, and trade dress, whether or not appearing in large print or with the trademark symbol (collectively the “Trademarks”) displayed on the Site belong exclusively to the Council or their respective owners and are prohibited from imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of the Trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under the Trademarks or any patent of the Council or any third party.

4. Member Account & Security
Access to member protected content which includes pages, graphics, and files are for members only. Your member login and password are unique to each member and may not be shared with anyone else. Failure to comply will result in immediate Site access termination. The Council has the right to suspend or terminate your account and refuse any and all current or future use of its Site.  You are responsible for maintaining the confidentiality of any password and username you have been provided, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify the Council of any unauthorized use of your password or username or any other breach of security.

5. No Professional Advice
This Web site is provided for educational and informational purposes only and is not meant to be a substitute for professional advice.

6. User Submissions
The Council offers areas within the Site, where you may be able to post opinions and other content that is available for review by other Web site visitors. To the extent that you add, upload, transmit, post, communicate, or store any content on the Site or otherwise submit any content for use by the Council through a listserv or other forum (“User Submissions”), you are solely responsible for all of the information, statements, facts, and material contained in such User Submissions.

In connection with any User Submission you may submit, you agree not to transmit, distribute, post, communicate or store information or other material on, to, or through the Site that:

(a) is copyrighted, unless you are the copyright owner;
(b) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(c) reveals a trade secret, unless you own it;
(d) contains falsehoods or misrepresentations that could damage the Council or any third party;
(e) is obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually-explicit, or embarrassing to any other person or entity as determined by the Council, in its sole discretion;
(f) is illegal or otherwise objectionable;
(g) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes.

The Council does not actively monitor the Site or User Submissions and does not, on its own, undertake editorial control of postings, and the Council does not guarantee that it will publish or maintain your User Submissions on the Site. The Council may remove User Submissions at any time, without prior notice and at its sole discretion. Moreover, the Council does not guarantee any confidentiality with respect to any User Submissions that you choose to add, upload, transmit, post, communicate or store on the Site or that the Council otherwise may receive from you.

The Council does not claim ownership of your User Submissions. However, by adding, uploading, transmitting, posting, communicating, or storing such User Submissions on the Site or by otherwise submitting such User Submissions to the Council, you agree to and hereby grant the Council, its successors and assigns, and the operators of the Site a worldwide, non-exclusive, royalty free, perpetual, irrevocable, transferable, and sub-licensable license to use, edit, modify, copy, reproduce, distribute, transmit, broadcast, display, create derivative works of, publish, perform, adapt, and display such User Submissions on or in connection with the Site and for such other purposes as the Council may deem appropriate, in all media formats and in all media channels now known or later developed. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions.

7. Prohibited Uses Generally
Without limiting the foregoing, you agree not to:

(a) delete or revise any material or other information of any other user or the Council;
(b) solicit Site members or guests to join outside sites or online Sites or organizations; or
(c) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of the Council, exposes the Council or any of its customers or suppliers to any liability or detriment of any type.

You further agree not to violate or attempt to violate the security of the Site, including, without limitation:
(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
(c) attempting to interfere with service to any user, host, or network.

Violations of system or network security may result in civil or criminal liability. In accordance with this Agreement, the Council will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

8. Third-Party Content and Links to Third-Party Web Sites
The Site may contain third-party owned content and links to other Web sites (“Linked Sites”). The Council does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of the Council, and the Council is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. The Council is providing third-party content and Linked Sites to you only as a convenience, and the inclusion of such third-party content and Linked Sites is not an endorsement by the Council in favor of any third party.

9. Disclaimer of Warranties
The site is provided “AS IS.” THE Council and its members, Sovereign Wealth Fund Institute, officers, directors, and agents make no representation or warranty whatsoever relating to the Site, Linked Sites, Materials, or other content that may be accessible directly or indirectly through the Site. The Council disclaims to the maximum extent permitted by law any and all such representations and warranties.

Without limiting the generality of the foregoing, The Council Disclaims to the maximum extent permitted by law any and all (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third-party intellectual property or proprietary rights, (c) warranties relating to the transmission or delivery of the Site, (d) warranties relating to the accuracy, reliability, correctness, or completeness of the Site, Linked Sites, Materials, or other content made available on the Site or otherwise by The Council, and (e) warranties otherwise relating to performance or other acts or omissions by The Council or any third party.

Further, there is no warranty that the Site will meet your needs or requirements or the needs ore requirements of any other person.

10. Limitation of Liability
Your sole and exclusive remedy for any breach of this Agreement or for any other cause of action arising under this Agreement is your right to terminate this Agreement immediately upon notice to The Council. In no event will The Council or its affiliates, or any party involved in creating, producing, or delivering the Site be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse or inability to use the Site or any Linked Sites, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure. In the event that you have a dispute with another user related to or arising from, or in any way connected with the use of the Site, you release The Council from any claims, demands, and damages of every kind and nature arising out of or in any way connected with such a dispute.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Council has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Council’s liability in such jurisdictions shall be limited to the extent permitted by law.

11. Indemnification
You agree to defend, indemnify, and hold harmless The Council and third parties who contribute to the Site from any loss, damage, or cost (including attorneys’ fees) resulting from your violation of the Agreement.

12. Choice of Law
This Agreement will be governed by and construed in accordance with the laws of the State of Nevada (Clark County), without giving effect to its principles or rules of conflict of laws to the extent such principles or rules would require or permit the application of the laws of another jurisdiction.

13. Termination
The Council reserves the right, in its sole discretion, to terminate your access to and use of the Site, with or without notice. Otherwise applicable sections of the Agreement shall survive termination.

14. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Council as a result of the Agreement or your access to and use of the Site. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of the Council to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches. Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and the Council and governs your use of the Site. If any provision of this Agreement is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.