85 Broads Terms of Use

Overview

Please read the Terms of Use ("Terms of Use") and Privacy Policy ("Privacy Policy") carefully before you indicate your agreement to the terms and conditions of these documents at the end of the Terms of Use document. By using this site you agree to the terms and conditions contained in these Terms of Use and Privacy Policy including the condition that neither 85 Broads ("85 Broads") nor any affiliated or associated companies nor any of its directors, principals, representatives or employees can be liable for any claim arising from your use of this website.

By using the 85 Broads website or services, you have consented to the terms and conditions of the Terms of Use and Privacy Policy, and any subsequent changes to the Terms of Use and Privacy Policy. Please bookmark this page and review it frequently.

Definitions

For the purposes of the Terms of Use and our Privacy Policy, the following definitions apply. Terms defined below include both capitalized terms and lowercase.

  • "Bulletin Forums" refers to any portion of the web site where Members may participate, either by posting or reading content.
  • "data" includes but is not limited to all information, language, profiles, links, articles, software, photographs, graphics, video, music, sound, messages, text, and images submitted by a Member or posted by 85 Broads on the 85Broads web site.
  • "feedback" includes all data submitted by Members to the 85 Broads web site.
  • "graphics" includes all logos, buttons, and other graphical elements on the site.
  • "Member" refers to any and all participating member of 85 Broads who have agreed to the terms and conditions in the Terms of Use.
  • "programming" includes both client-side code and server-side code used on the site."outside companies" means any entities or individuals other than 85 Broads or its subsidiaries, affiliates, officers, agents, co-branders, and other partners and employees.
  • "Password" means the Password that 85 Broads shall provide, along with the User Name to the Member, which allows the Member to have a private account on the 85 Broads web site.
  • "services" means any services provided on the site by 85 Broads or its agents.
  • "text" refers to all text on each and every page of the site, whether editorial, navigational, or instructional.
  • "The website", "the site", or "the Site" is the 85 Broads website in its entirety and its related sites owned or operated by 85 Broads, and includes content, text, graphics, design and programming and services.
  • "User" refers to any individual or entity that uses any aspect of the site.
  • "User Content" includes but is not limited to all information, text, data, links, articles, software, photographs, graphics, video, music, sound, messages, or other material posted by Members on the 85broads web site.
  • "User Name" means the name by which 85 Broads shall provide, along with the Password, to the Member that allows the Member to have a private account on the 85 Broads web site.
  • "You" and "your" means the person or entity agreeing to the terms and conditions of the Terms of Use.

Contacting Us

If you have any questions or comments about the Terms of Use or our Privacy Policy, the practices of this website, or your dealings with this website, you can contact us in the following ways: info@85broads.com with general questions, comments or feedback. For questions or concerns of a technical nature, please contact support@85broads.com.

You can also send any comments or questions by regular mail to:

85 Broads
Courtyard Level
115 East Putnam Ave
Greenwich, CT 06830

Collection and Retention of Information

The information presented on this website has been prepared by 85 Broads using sources that are believed to be reliable and accurate. The information and opinions presented herein are updated regularly and are subject to change without notice, and may not be copied or distributed without prior written consent of 85 Broads. 85 Broads cannot be held responsible for unauthorized changes to this material.

Use of Information

Please take some time to familiarize yourself with the different ways the information we gather is used. While 85 Broads encourages any third parties involved to adhere to our policies regarding the privacy of our members and to otherwise handle personal information in a responsible manner, we cannot and do not assume any responsibility for any actions or omissions of third parties, including the manner in which they use information received either from 85 Broads or independently. Nevertheless, in the event you encounter any third party associated with, or who claims association with 85 Broads, whom you feel is improperly collecting or using information about you, please contact info@85broads.com.

Your information may be used in different ways, including but not limited to, the following:

  • We may use your contact information in order to send you email or other communications regarding updates to the 85 Broads website, such as new 85 Broads events and additional job listings which may be of interest to you.
  • We may use the information we gather on the 85 Broads website, whether personal, demographic, collective or technical, for the purpose of operating and improving the 85 Broads website, fostering a positive user experience, and delivering the services that we offer.
  • We may also use the information we gather to inform you of other products or services available from 85 Broads or our affiliated companies or to contact you about your opinion of current products and services or potential new products and services that may be offered.
  • Any feedback you submit in this area becomes the property of 85 Broads, and such feedback (such as success stories) may be used for marketing purposes or to contact you for further information.

85 Broads grants you the limited right to display these materials only on your personal computer, and to copy and download these materials on this website solely for your personal use, provided that all copyright notices located on these materials appear in the materials so displayed, copied or downloaded. You agree not to use these materials for any other purpose without the prior written consent of 85 Broads. Without limitation, you agree not to reproduce, redistribute, sell, publish, broadcast or circulate any information contained in these materials to anyone, including others in the same company or organization. You may not post any content from the website to news groups, mail lists or electronic bulletin boards. You acknowledge and agree that, except as set forth herein, you have no right to modify, edit, alter or enhance any of these materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon terminations of this limited license, you agree to immediately destroy any downloaded or printed materials.

By submitting content to any area of the 85 Broads website, including but not limited to profiles, messages, board or forum, you grant 85 Broads and its affiliates the loyalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license insofar as it does not violate any other part of the agreement or the Privacy Policy posted on this site, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the website retains any and all rights that may exist in such content.

Privacy

Your privacy and the privacy of all of our Members are very important. Please click on the link to our Privacy Policy and review our Privacy Policy. When registering as a Member by submitting your approval to these Terms of Use, you are also hereby agreeing to all the terms and conditions of the 85 Broads Privacy Policy. Please refer to our Privacy Policy concerning prohibited User Content under the 85 Broads Terms of Use and Privacy Policy. The 85 Broads Privacy Policy is incorporated by reference herein and by checking the box at the end of the Terms of Use you are also agreeing to the Privacy Policy.

Bulletin Terms and Conditions

Any "bulletin forums" on this website are for the use of members only. The information and opinions presented within any such forums are subject to change without notice. Neither 85 Broads nor any affiliated or associated companies, nor any of their directors, representatives or employees accepts liability, or may be held accountable for any loss arising from the use of this information. While 85 Broads seeks to maintain the functionality of all pages of the site at all times, we cannot guarantee that the bulletin forums will be accessible and/or in proper working order at all times. Users are encouraged to immediately contact support@85broads.com if any difficulties are encountered while using this site.

Members are responsible for all content that they upload, post, e-mail, or otherwise transmit. Members agree not to post or transmit any material which would violate or infringe upon the rights of any person or entity, or which would give rise to criminal or civil liability, nor will they post or transmit any material protected by copyright or trademark without the written consent of the owner. While 85 Broads continually monitors the site, we cannot guarantee the accuracy, integrity or quality of this material. 85 Broads takes reasonable steps to preserve the quality of the bulletin forums. We reserve the right to delete any content for any reason at any time, without prior notice.

Security and Password

85 Broads has implemented reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. Each user has a unique user name and password. Additionally, 85 Broads uses Secure Sockets Layer (SSL), which encrypts information the user inputs into the website. Information is stored in a back-end database. Only 85 Broads employees and website administrators have access to this information. However, we cannot guarantee that unauthorized third parties will not be able to access this information and use your personal information for improper purposes.

Members will receive a user name and password and account designation upon completing the Site's registration process. As a Member, you are responsible for maintaining the confidentiality of the user name and password, and are fully responsible for all activities that occur under your user name and password. You agree to (a) immediately notify 85Broads of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. 85Broads cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Without limitation to the generality of the foregoing, due to the nature of Internet, computers, data flow, and other technical and economical practicalities, the site, like most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the Site and the Internet in general, you may be subject to various risks, including, among others, eavesdropping, sniffing, spoofing, forgery, spamming, "imposturing", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful. Information (including registration data, passwords and User Content) received or delivered or intended to be made available on and through the site may be subject to these and other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. The Site is not different than other applications in this respect. Without limitation of the foregoing, although we take seriously the security of all member accounts and other personal and non-personal information associated with our visitors and participants, due to the open communication nature of the Internet, we cannot guarantee that your account will be free from unauthorized access by third parties.

Trademarks and Copyrights

The materials on this site are copyrighted and are protected by U.S. and worldwide copyright laws and treaty provisions. The 85 Broads service marks and logos are the exclusive property of 85 Broads Unlimited, LLC, and may not be used for any reason or purpose unless authorized by 85 Broads Unlimited, LLC. 85 Broads Unlimited, LLC is a limited liability company, formed in the State of Delaware in 1999.

Website Linkages

Some links on the 85 Broads website lead to third-party websites, which are beyond the control of 85 Broads. Accordingly, 85 Broads does not assume any responsibility for the accuracy, completeness and legality of the contents of such websites, or for any offers and services contained on these third-party web sites.

Even though certain information collected by such third parties might not identify you personally, we strongly encourage you to become familiar with their privacy practices, and to contact such third parties if you have any questions about their respective privacy policies. We reserve the right to terminate any link or linking program at any time. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.

Jurisdiction and Local Restrictions

Your data will be stored and processed in whole or in part in the United States. If you access the 85 Broads site outside the United States, your usage of that site constitutes your consent to the transfer of your data out of your country and to the United States.

The 85 Broads website is not directed to any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the publication or availability of the 85 Broads website is prohibited by law or otherwise. Persons or other entities to whom such prohibitions apply must not access the 85 Broads website.

US Export Controls

85Broads encourages users from around the world to use the Site. However, if you choose to use the Site, you understand, acknowledge and agree that your use of the Site is governed by the Terms of Use and the laws and regulations of the United States regarding online conduct and acceptable content. If you use the Site in a jurisdiction that prohibits or restricts the use of the Site, you agree that your use of the Site will be at your own risk, without limitation of any other provision of the Terms of Use, and that 85Broads shall not have any liability with respect to such use. Software from this Site is subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Indemnity

You agree to hold harmless, defend and indemnify Broad Ventures LLC, 85 Broads Unlimited LLC, its officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including reasonable attorneys' fees, that are due to, or that arise from your use or misuse of this site, any services therein, any loss, any claims made by any third party due to or arising out of User Content you submit, post to, or transmit through the Site, your use of the Site, including your use of the Site to provide a link to another Site or to upload content or other information to the Site, or your violation of the Terms of Use, or any applicable laws or the rights of another, or for infringement by you or others of intellectual property rights or other right of any third party. We may assume exclusive control of any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event.

Disclaimer of Warranties

You expressly understand and agree that:

85 Broads makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information posted on the site, or of any other form of communication engaged in by users. Posted information may contain inaccuracies or typographical errors. You agree that any reliance on information posted by users, or on any other form of communication with users, will be at your own risk.

85Broads does not control or pre-screen the User Content posted via the Site or sent to another user and, as such, does not guarantee the accuracy, integrity, appropriateness, or quality of such User Content. The User Content posted by members or other third parties does not necessarily represent the views or opinions of 85Broads and under no circumstances will 85Broads be liable in any way for any User Content, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, or otherwise transmitted via the Site.

Your use of the Site is at your sole risk. The Site, and its content, are delivered on an "as is" and "as available" basis. 85Broads expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. 85Broads makes no warranty that the Site or any related services, such as email, links, or searches offered on the Site will be error-free, uninterrupted, timely, secure, or that it will provide specific results from use of the Site or any content, search or link therein. 85Broads further cannot ensure that files you download from the Site will be free of viruses, Trojan horses, bugs, contamination, or destructive features.

Any material viewed, downloaded, or otherwise obtained through the use of the Site is done solely at your own discretion and risk, and 85Broads will not be liable for any damages of any kind arising from the use of the Site, including, without limitation, direct, indirect, incidental, punitive, or consequential damages.

No advice or information, whether oral or written, obtained by you from 85Broads or through or from the Site shall create any warranty not expressly stated in the Terms of Use. Data and information relating to securities or otherwise is provided for informational purposes only, and is not intended for trading purposes. Neither 85Broads nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Limitation of Liability

You expressly understand and agree that 85Broads shall not be liable for any 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 85Broads has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the Site or the content thereon, including without limitation any user content posted thereon.

Choice of Law

You agree that the Terms of Use and the relationship between you and 85Broads shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to personal and exclusive jurisdiction by and venue in the state and federal courts of the State of New York, County of New York. The failure of 85Broads to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

Entire Agreement

The Terms of Use constitutes the entire agreement between you and 85Broads and governs your use of the Site, superceding any prior agreements between you and 85Broads. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. 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 Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.