Community Terms and Conditions, and Privacy Policy
Thank you for visiting the Mutual Fund Directors Forum (“MFDF,” “we,” “us,” and “our”) Communities (the “Discussion Groups”). These Terms and Conditions (the “Terms”) govern usage of the Discussion Groups. By using the Discussion Groups, you agree to these Terms. If you do not agree to these Terms, you must immediately terminate use of the Discussion Groups.
Changes
We may update these Terms from time to time in our sole discretion, and all changes are effective immediately upon posting to the Discussion Group website. Your continued use of the Discussion Group constitutes your acceptance of the changes.
Access to the Discussion Groups and Account Security
You may access the Discussion Groups only if you received an email invitation and registered for an account. In our sole discretion, we may restrict your access to some parts of the Discussion Groups, or to the Discussion Groups entirely. We may also withdraw or amend the Discussion Groups in our sole discretion.
Your account username and password are confidential and must not be disclosed to any other person or entity. You may not allow another person or entity to use or access your account. You agree to notify us immediately of any unauthorized access to, or use of, your account or any other breach of security. You should use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your username and password. We have the right to disable your account at any time, for any reason or no reason, including if in our opinion you have violated any provision of these Terms.
Privacy
We collect and process your personal information through the Discussion Groups. Our Privacy Policy (available at https://www.mfdf.org/privacy-policy) provides additional details on our processing of your personal information and our privacy practices.
User Contributions
The Discussion Groups contain messages and posts by registered users (“Submissions”). You understand and acknowledge that you are responsible for any of your Submissions to the Discussion Groups, including legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for content or accuracy of any Submission posted by you or any other user of the Discussion Groups.
Confidentiality
The Discussion Groups are intended to facilitate conversations between registered users. However, to the extent you discuss the Submissions covered in the Discussion Groups with your own colleagues, ensure that you reveal neither the identity nor the affiliation of any other registered user participating in the relevant Submissions.
Intellectual Property Rights and Trademarks
The Discussion Groups and their entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, as well as the design, selection, and arrangement thereof) are owned by us, 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. You may use the Discussion Groups for your personal and non-commercial use only.
The name of the Discussion Groups and any of our trademarks, logos, designs, or slogans are trademarks of MFDF or its affiliates or licensors. You must not use such marks without our prior written permission.
Acceptable Use, Prohibited Use, and Submission Standards
You agree to comply with the acceptable use policy (available at https://higherlogicdownload.s3.amazonaws.com/HL/ae585329-53bc-4b0c-82c5-64dda9e2a030/UploadedFiles/m2aPIplPRJGZ5Ow9Zgvy_Higher%20Logic%20-%20Acceptable%20Use%20Policy_20190801.pdf) and anti-spam policy (available at https://www.higherlogic.com/resources/anti-spam-policy/) posted by our vendor that provides the forum functionality, Higher Logic. You may only use the Discussion Groups for purposes of reviewing and participating in discussions posted in the Discussion Groups and other compatible and lawful purposes, in accordance with these Terms.
You agree not to use the Discussion Groups:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material, including “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate us or any other entity or person.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Discussion Groups, or which, as determined by us, may harm MFDF or other users of the Discussion Groups.
You further agree not to:
- Use any robot, spider, or other automatic device, process, or means to access the Discussion Groups for any purpose, including monitoring or copying any of the material on the Discussion Groups.
- Use any manual process to monitor or copy any of the material on the Discussion Groups, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Otherwise attempt to interfere with the proper working of the Discussion Groups.
In addition, you may not use the Discussion Groups or your Submissions to distribute, in any manner, defamatory, abusive, profane, threatening, illegal or offensive material, copyrighted material, content that is confidential in nature, or content that could be viewed as proprietary, inconsistent with applicable law (including rules or regulations relating to the mutual fund industry), or detrimental to the business interests of any participant in the mutual fund industry or to the mutual fund industry as a whole.
Monitoring and Enforcement
We have the right to remove any Submission for any reason or no reason, or to take any other action we deem necessary or appropriate if we believe any Submission violates these Terms, infringes any intellectual property right of any person or entity, threatens the personal safety of users of the Discussion Groups, or could create liability for us. However, we cannot review all Submissions prior to posting and cannot ensure immediate removal of Submissions that violate these Terms.
YOU WAIVE AND HOLD HARMLESS MFDF FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OR DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER MFDF OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Disclaimer and Limitation of Liability
MFDF presents the Discussion Groups as a service to users. We make no warranties, express or implied, concerning the Submissions, information, services, or software found on the Discussion Groups or other sites to which they link. To the fullest extent provided by law, MFDF expressly disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability and of fitness for a particular purpose. You expressly agree that your use of this site is at your own risk. Neither we nor our users can warrant that the information on the Discussion Groups, or other sites to which they link, will continue to be accurate, nor do we or they warrant it to have been completely free of errors when first presented. Users should verify information before relying on it. The Submissions and other content on the Discussion Groups, and on other sites to which they link, reflect the viewpoints of their authors and do not necessarily express the opinions of MFDF, its members, or other users of the Discussion Groups.
MFDF does not warrant that Discussion Groups (including their services and servers) or the Submissions are free of viruses or other harmful components. To the fullest extent provided by law, under no circumstances shall MFDF be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from your use of the Discussion Groups, or the Submissions, or the sites to which they link, or from reliance on or use of information, services, software, or merchandise provided on or through the Discussion Groups, or that result from deletion of files, delays in operation or transmission of data, or any failure of performance of the site.
Indemnification
To the maximum extent permitted by law, you will defend, indemnify, and hold harmless MFDF, its officers, directors, managers, employees or agents (“MFDF Parties”) from any and all liabilities, costs, and expenses (including reasonable attorneys’ fees) in connection with any third-party claim arising or resulting from (i) your breach of the Terms; (ii) your misuse of MFDF intellectual property; (iii) your violation of any third-party right, including without limitation any intellectual property or privacy right; or (iv) any claims brought against any MFDF Party that arise, or are alleged to have arisen, in connection with your use, operation, or functioning of the Discussion Groups. Your indemnification obligations shall be subject to our (i) promptly notifying you of the claim; (ii) providing you, at your expense, with reasonable cooperation in the defense of the claim; and (iii) providing you, at your expense, with sole control over the defense and negotiations for a settlement or compromise, except, in each case ((i), (ii), and (iii)), to the extent our failure does not prejudice your defense of such claim.
Arbitration
In our sole discretion, we may require you to submit any dispute relating to these Terms or the Discussion Groups to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying District of Columbia law.
Miscellaneous
These Terms and any action related thereto will be governed by the laws of the District of Columbia without regard to its conflict of laws provisions. Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. If any provision of these Terms is ruled by a court, arbitral tribunal, administrative officer or other entity of competent jurisdiction to be void or unenforceable, such provision(s) shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best furthers the intent of these Terms, with all remaining provisions remaining in full force and effect. Nothing contained in these Terms creates any agency, partnership, or other form of joint enterprise between you and us. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms constitute the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between you and us with respect to the subject matter thereof. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees. These Terms do not confer any rights or remedies on any third parties.
Contact Us
If you have any questions about these terms and conditions, the practices of this site, or your dealings with this site, please contact us here:
Young Hee Kim
1501 M St, NW Ste 1150
Washington, DC 20005
202-507-4495
young@mfdf.org
Privacy Policy
The Mutual Fund Directors Forum respects the privacy of its members and other visitors to its website. Information from website visitors is collected primarily to help better serve our members.
When you visit the Forum’s website, we collect and store information, including visitor IP addresses, the username and email address you use to log in to restricted areas of the site, the sections of the site that you view or download, and the dates and times of your access. We use this information to maintain security, to evaluate usage patterns on our site, and to improve the site. That information may be collected in order to confirm whether you are associated with a member board. The Forum provides members access to restricted areas of the website. Do not share your login information with anyone. The Forum uses encryption and other technologies to help safeguard all information obtained via its website.
Member Data
The Forum is committed to the responsible handling of its members’ information. Accordingly, the Forum uses its member data for communicating with its members. The Forum website includes a list of member firms that is publicly accessible. The Forum does not sell member information to any third parties. The Forum does not disclose any member information without the express permission of the individual member other than to vendors who provide services to us.
Member Discussion Groups
The Forum may facilitate or allow for users to participate in discussion groups or forums on or through this website upon invitation (“Discussion Groups”). If you choose to participate in Discussion Groups, we may collect your username and email address, along with any details or statements you choose to submit to any of the Discussion Groups. Your username, email address, and submissions will also be visible to other users in the Discussion Groups. We may share your information with third-party service providers who assist us in providing the Discussion Groups or as required by law.