Whiteboard Advisors, LLC (“Whiteboard”), requires that all visitors to its site adhere to the following rules and regulations. By accessing the site, you indicate your acknowledgment and acceptance of these Terms of Use (“Terms”). You represent and warrant that you as the “Customer”: (a) are 18 years of age or older; and (b) have read, understand and agree on behalf of yourself to be bound by all of the terms and conditions herein, as well as Whiteboard’s Privacy Policy. Please read them carefully. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.
By using this online service or site, you are certifying that you are a person permitted to use it under applicable law. You certify that you have authority to view information on this site and agree not to impersonate any person or entity or otherwise misrepresent your identity or affiliation with a person or entity.
If you are accessing the site as a representative, employee, agent or contractor of a distinct corporate or other legal entity, you represent and warrant that you have the requisite authority to accept the Terms on behalf of such entity, and “you” shall be deemed to include such entity throughout these Terms. You represent and warrant that you (i) have the corporate power to accept the Terms and perform your obligations hereunder, (ii) the acceptance of the Terms by use of the site creates a legal, valid and binding agreement between you, us and our affiliates, enforceable against you in accordance with the terms hereof, and (iii) the acceptance of the Terms and performance of your obligations hereunder will not violate any of your constating documents or any agreement to which you are a party or any applicable law.
Security
You agree that, despite our reasonable security measures, we cannot guarantee that electronic communications over the Internet will be completely secure. You will be solely responsible for your actions and the contents of your transmissions through the site and your use of any correspondence or other forms provided by the site or by us.
Subscription Agreement
These Terms are a legal and binding instrument entered into as of the date of electronic acceptance (“Effective Date”), by the Customer and Whiteboard. Under this Agreement, Customer is granted a nonexclusive, revocable, nontransferable license to access Whiteboard’s publications made available by Whiteboard without charge (“Publications”) over the Internet via the Customer’s electronic mail or Internet Protocol addresses. The term of this Agreement shall commence on the Effective Date and will remain in full force until such time that Customer unsubscribes to the Publications or Whiteboard ceases to provide such Publications, pursuant to this Agreement.
Whiteboard provides access only for the term of this subscription; and does not undertake to ensure future access to the online archives once the subscription term has expired. Whiteboard reserves the right to remove all or portions of the archive of past issues. Only current subscribers may access materials under access control.
Permitted Uses
Whiteboard grants a limited, non-exclusive, non-transferable license to access the Publications, in part or in whole, and to reproduce limited portions for personal, non-commercial use provided that a suitable acknowledgment is included on all copies in accordance with the terms of this Agreement. To request permission to make additional copies or uses of limited portions of the Publications, contact info@whiteboardadvisors.com.
Intellectual Property Rights
The site and its entire contents, features, and functionality (including but not limited to all information, software, source code, text, displays, images, video, and audio, and the design, selection and arrangement thereof) are owned by the Whiteboard, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
- You may copy site content in part or in whole, and to reproduce limited portions for personal use provided that a suitable acknowledgment is included on all copies in accordance with the terms of this Agreement.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Access or use for any commercial purposes any part of the site or any services or materials available through the site.
- Decompile, disassemble or otherwise reverse engineer the source code or software. In addition, data extracted from the Publications is to be used only in accordance with the terms of this agreement.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the site in breach of the Terms of Use, your right to use the site will end immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the site or any content on the site is transferred to you, and all rights not expressly granted are reserved by Whiteboard. Any use of the site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Pursuant to the Digital Millennium Copyright Act, you agree to report any claims of copyright infringement on or through the site to us at: Whiteboard Advisors , 1000 Potomac Street NW, Suite 150, Washington DC, 20007.
Prohibited Uses
You may use the site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the site:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Whiteboard, a Whiteboard employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the site, or which, as determined by us, may harm Whiteboard or users of the site, or expose them to liability.
Additionally, you agree not to:
- Use the site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the site, including their ability to engage in real-time activities through the site.
- Use any robot, spider or other automatic device, process, or means to access the site for any purpose, including monitoring or copying any of the material on the site.
- Use any manual process to monitor or copy any of the material on the site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the site, the server on which the site is stored, or any server, computer or database connected to the site.
- Attack the site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the site.
Linking to the Site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
- This site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this site.
- Send email or other communications with certain content, or links to certain content, on this site.
- Cause limited portions of content on this site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking or in-line linking.
- Otherwise take any action with respect to the materials on this site that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Third-Party Links
On this site you will find numerous links that will transfer you to the site of an organization that can provide you with value-added information and/or functionality. By linking to these sites, the Whiteboard does not represent or imply that there is any business relationship between us and these organizations. Whiteboard is not responsible for the content and performance of these sites or for your transactions with them. Furthermore, we strive to keep these links as current and accurate as possible, but we cannot guarantee, and we expressly do not warrant, that they point to the intended third-party site. Links to and from this site do not constitute an endorsement by Whiteboard.
Limitation on Liability and Disclaimer of Warranties
You agree that neither Whiteboard nor any of our employees, agents, third-party content providers or licensors warrant that the services, the site or its contents will be uninterrupted, free of viruses or other harmful code, or error free. We make no warranty that any defects in the software used in the site will be corrected. We make no warranties as to the results that may be obtained from use of the services, the site or its contents, or as to the timeliness, security, sequence, adequacy, accuracy, reliability, or completeness of any information obtained therefrom.
You agree that all access and use of the site and its contents is at your own risk. BY USING THE SITE, YOU ACKNOWLEDGE THAT WHITEBOARD SPECIFICALLY DISCLAIMS ANY LIABILITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, ACTUAL, INDIRECT, INCIDENTAL, COMMON LAW, STATUTORY, REGULATORY, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY, LOST PROFITS, LOST SAVINGS, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY ASSOCIATED WITH ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT. THIS SITE, INCLUDING ALL CONTENT, SERVICES, FUNCTIONS, HYPERTEXT LINKS, AND OTHER INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED “AS IS,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You will reimburse us for all losses, damages, costs and expenses (including court costs and reasonable legal fees) caused by the breach of these terms, negligence, or willful misconduct of you or your employees, contractors or agents including, but not limited to, failure to maintain confidentiality of personal information, the sending of any personal information over the Internet without encryption or without other appropriate security protections, or breach of any agreement, representation, warranty or covenant herein. YOU WILL BE LIABLE AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS WHITEBOARD AND ITS CURRENT AND FORMER AFFILIATES, SUBSIDIARIES, MEMBERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (THE “INDEMNITEES”) FROM AND AGAINST ANY AND ALL CLAIMS OF LIABILITY, OBLIGATION, LOSS, DAMAGE, DEMAND, COST, EXPENSE, OR DISBURSEMENT (INCLUDING COURT COSTS AND REASONABLE LEGAL FEES) OF THE INDEMNITEES, ARISING OUT OF OR RESULTING FROM ANY ACT OR OMISSION RELATED TO YOUR USE OF THE SITE.
Notices
All notices you give to us shall be in writing and shall be made either via email or conventional mail. In addition, we may post notices or links to notices through the site to inform you of changes to the Terms, the site or other matters of importance.
Changes to the Site and the Terms of Use
Whiteboard reserves the right to modify or discontinue, temporarily or permanently, the site for any reason, at our sole discretion, with or without notice to you. Whiteboard likewise may change the terms and conditions of the Terms from time to time with or without notice to you. You agree to review the Terms periodically to ensure that you are aware of any modifications. Your continued access or use of the site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms. You will ensure that your agents, contractors and employees comply with these Terms.
Additional Terms
These Terms of Use shall be governed in all respects by the substantive laws of the District of Columbia, without regard to its provisions relating to conflict of laws, and you agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts within Marion County, Indiana. Our failure 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 is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, 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 remain in full force and effect. You agree that, regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of the site or the Terms must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. In no event shall we be liable for damages or loss caused by third parties not under our control or by other causes beyond our reasonable control, including, but not limited to, damages or loss caused by third party telecommunications service providers. You agree that these Terms of Use comprise the entire agreement between you and us and supersede all prior agreements between the parties regarding the subject matter contained herein.
Effective as of August 1, 2021