TERMS OF SERVICE
Investor Exchange and CHYE Program Agreement
As a condition to your participation in the Investor Exchange and any CHYE Program, you agree as follows. The use of the CHYE website or any of its services, including the Investor Exchange, signifies that you agree with these terms and disclaimer. If you do not agree with these terms and disclaimer then you are not permitted to use the CHYE website or any of our services. We recommend that you consult an attorney if you need assistance understanding these terms:
You hereby represent, warrant and covenant that (i) all information you provide to us is accurate in all respects and our reliance on the information you provide is justified, (ii) you are at least thirteen (13) years of age and a resident of the United States, (iii) you will maintain and promptly update the information you provide to keep it accurate, current and complete, and (iv) you have read and agree to these terms.
Unless otherwise noted, all content on our website, in our e-newsletters and in materials we provide is owned by, licensed to, or otherwise used with permission by CHYE (including without limitation, CHYE and the CHYE logo) and is protected by worldwide copyright laws, as well as applicable laws protecting trademarks, service marks, trade names and trade dress. The compilation (meaning the collection, arrangement, and assembly) of all content on our website is also the exclusive property of CHYE and is protected by worldwide copyright laws. You may use any of the foregoing content only for your personal, non-commercial use. No modification or further reproduction is permitted without our express written consent. We use reasonable efforts to ensure that such content is complete, up-to-date and accurate; however, we make no representations, warranties, or assurances about the accuracy or completeness of such content.
Other Web sites
Our Web site, e-newsletters and/or other communications with our members may contain links or references to other Web sites. We do not endorse and are not responsible for the content, practices or products sold on any other Web site. We are not liable for any resulting damages or injury, and you hereby release us from any liability related to such other Web sites. Your use of other Web sites is subject to the terms, conditions and privacy practices of those Web sites.
You agree to indemnify, defend and hold us, our affiliates and our respective directors, officers, employees and agent harmless from and against any and all losses, claims, damages, costs and expenses, including reasonable attorneys’ fees, arising directly or indirectly from or related to your participation in our programs, including, but not limited to, entrepreneurial advisory and investment exchange services, and/or your use of our Web site.
In connection with our “investor exchange” and CHYE’s other entrepreneur support programs, we simply assist and introduce investors to businesses and entrepreneurs. You agree that if you directly or indirectly receive investment from an investor introduced to you by CHYE, you will pay to CHYE a sum of masser of the amount invested to CHYE.
In connection with the foregoing, you must conduct your own due diligence and seek the advice of your own advisors and attorneys. CHYE is expressly released from any liability and protected by the limitations on damages and indemnification set forth below.
Disclaimer; Limitation of Liability
You agree that your participation in our programs and/or the use of our website is at your sole risk. You understand that you are solely responsible for any loss of investment or damage to you or your computer system or loss of data that results from any material and/or data downloaded from our website or otherwise.
Introductions are made between investors and business without any warranty or representation as to the quality or honesty of either the investor or the business. Businesses are presented to investors and vice versa “as is.” To the extent CHYE assists a business person draft a business plan or an investor choose an investment, such assistance is without any warranty as to quality and without any liability.
It is the responsibility of the user to properly evaluate any obtained information, including data, opinions, advice, or other content for accuracy, completeness, or usefulness. We stand only by our original materials and do not verify the validity of claims made by our members or their posted online content; therefore, we encourage users to seek the advice of professionals, including attorneys, advisors, and accountants when appropriate, regarding the evaluation of any specific information that is suspected to be untrue or misleading.
We do not warrant that the function or operation of our website will be uninterrupted or error-free, that defects will be corrected, or that our website or the server that makes it available will be free of viruses or other harmful elements. As a user of our website, you assume full responsibility for any costs associated with its use.
We are providing our services, programs and our website to you “as-is”, without warranties of any kind. We do not warrant the accuracy, completeness, currency, non-infringement or availability of our programs or website, nor do we warrant that our website or our e-newsletters will be free of viruses or other harmful components.
We disclaim any and all implied warranties of title, salability or fitness for a particular purpose, other than those implied warranties that are incapable of exclusion or limitation under the law applicable to this agreement.
In no event shall we, our officers, directors, employees, agents, representatives or affiliates, be liable for any direct, indirect, incidental, special or consequential damages arising out of your participation in our programs or use of our website even if we are advised beforehand of the possibility of such damages; in no event shall liability be in excess of the amount you paid for the particular services or information out of which damages arise; it being understood, however, that this disclaimer and limitation of liability will not apply to the extent such liability is incapable of exclusion, restriction or modification under the laws applicable to this agreement. You agree that you will not hold us responsible for any selection or retention of, or the acts or omissions of third parties in connection with your participation in our programs.
Compliance with Law
You agree to comply with all applicable laws, rules and regulations in connection with your participation in our programs and use of our website, and will not engage in any act that has an adverse impact on the performance or availability of our programs or our Web site.
Certain Rules of Conduct
You agree not to link to or post on our website any content which (i) is defamatory, obscene, pornographic, abusive, harassing or threatening, (ii) contains viruses or other contaminating or destructive features, (iii) infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (iv) otherwise violates any applicable federal, state or local law, regulation or rule. We reserve the right to delete, move or edit any information you provide that we determine, in our sole discretion, violates this Agreement or is otherwise unacceptable to us.
CHYE will decide in its absolute, sole discretion which individuals it will accept into its programs and which businesses to nominate for participation in the Investor Exchange. We reserve the right (but have no obligation) to terminate your participation in our programs if we believe that you have violated the terms of this Agreement, or for any other reason in our absolute sole discretion.
This Agreement shall constitute the entire agreement between you and us relating to the subject matter hereof, and supersedes all prior agreements related to the subject matter hereof. Our relationship shall be governed by the laws of New York without regard to its conflict of laws principles. Any action or dispute between you and us shall be resolved exclusively by individual (non-class) binding rabbinic arbitration before the Machon L’Hora’a Beth Din, Monsey, NY, and you hereby consent to the personal jurisdiction of such arbitration panel. You hereby waive any objection that you may now or hereafter have to the venue of any such suit or any such court or that such suit was brought in an inconvenient forum. Our failure to exercise or enforce any right or provision hereof shall not constitute a waiver of such right or provision. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms shall remain in full force and effect. In any action to enforce this Agreement, if we prevail you will reimburse our costs and reasonable attorneys’ fees.
We reserve the right to modify this Agreement at any time or to add any conditions, and will make available such modifications on our website. Your subsequent participation in our programs or use of our website shall be deemed an unconditional acceptance of such revised Agreement. Please contact us with questions at any of the following:
- 510 Empire Blvd., 11225