Terms of Use and Legal Notice

Last Updated: February 25, 2016
Sovereign Wealth Fund Institute
Terms of Use Agreement & Legal Notice

Note: Sovereign Wealth Fund Institute is not a broker, does not arrange investment deals, and does not manage money for clients.

These are the Terms of Use (“Agreement”) which govern the use of all websites (“Sites”) and related services owned, operated or provided by Sovereign Wealth Fund Institute, Inc. (“SWFI”). These sites are the Sovereign Wealth Fund Institute website, which has its domains at www.swfinstitute.org and www.swfi.com, and the Sovereign Wealth Fund Transaction Database, which has a domain at www.swftransaction.com. The following agreement applies to your use of the Sites.

(“Content”) means all material, data, information and products on the Sites. Content also may be referred as (“Data”) in this Agreement. Only authorized subscribers deemed by SWFI (the “Subscribers”) shall have access to password protected content including pages, reports, data, graphics and files. By accessing, browsing and/or otherwise using the Sites, you acknowledge that you have read, understood and agreed to be bound by this Agreement. If you do not agree to be bound by the provisions of this agreement you should exit the Sites immediately. Certain sections of the Sites or other websites accessed through it may contain separate conditions of use, which are in addition to this agreement. Users should read those additional conditions of use carefully. In the event of a conflict, those additional conditions of use will govern access to and use of those sections and websites.

SWFI hereby grants to Subscribers a non-exclusive, non-transferable, worldwide license to use the Data in accordance with the terms and conditions herein.

1. General Information
SWFI reserves the right to change this Agreement at any time at its sole discretion. The most current version of the Agreement can be accessed from the Sites. You should check the Sites from time to time to review the current Agreement because it is binding on you. Your continued use of the Sites constitutes your acceptance of any changes to the Agreement. SWFI on its own behalf and on behalf of any members, officers, and employees of SWFI of companies from time to time has placed the information available on the Sites as a service to its clients and other interested persons for general informational purposes only. The Sites are not intended for persons located or resident in jurisdictions which restrict the distribution of information contained on the Sites. When accessing the Sites, persons are required to inform themselves about and observe any relevant restrictions. SWFI reserves the right, in its sole discretion, without any obligation and without notice, to change, improve or correct the information, materials and descriptions on the Sites and to suspend and/or deny access to this Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and SWFI does not undertake any obligation or responsibility to update or amend any such information. SWFI may discontinue or change any product or service described in or offered on the Sites, without notice, at any time.

2. Intellectual Property Rights
The Sites are protected by copyright, trademarks, database rights and other intellectual property rights. SWFI and, where appropriate, its third party suppliers retain all right, title and interest in and to the Sites. Use of the Sites does not confer any ownership rights in the Sites. Other logos, quotes, media, and images, are owned by their respective owners and must be respected.

Subscribers agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in the Data and the Sites. Unauthorized use of the Sites and the materials contained in the Data may violate applicable copyright, trademark or other intellectual property laws or other laws. The trademarks, service marks, copyrights, and other proprietary materials (collectively, the “Proprietary Rights”) displayed on the Data are registered and common law trademarks, copyrights, and proprietary material of Company and various third parties. SWFI does not sponsor, affiliate, or endorse the products and/or services represented by the third party trademarks displayed in the Data. Nothing contained in the Data should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Proprietary Rights without the written permission of Company or such other party that may own the Proprietary Rights.

3. Subscriber Obligations, Account & Security
Subscriber access and rights do not extend to Subscriber’s shareholders, parents, subsidiaries, affiliates or other related entities. Access to Subscriber content which includes pages, reports, data, graphics, and files are for Subscribers only. Your user login and password are unique to each user and may not be shared with anyone else. Failure to comply will result in immediate Site access termination.

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 SWFI by email at support@swfinstitute.org of any unauthorized use of your password or username or any other breach of security.

4. Links
The Sites may contain links to other third party sites. Except as otherwise indicated SWFI does not sponsor, endorse or approve the contents of any such sites and accepts no responsibility for information provided on any such sites by independent providers.

5. Linking to our Sites
You may link to our Sites, 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 where none exists.

6. Use of Data and Content
You may use the Sites and the Content solely for your own personal use and benefit and not for resale or other transfer of disposition to any other person or entity. Except for copies used for Subscriber’s internal business purposes, Subscribers may not copy, reproduce, republish, recompile, redeliver, decompile, disassemble, reverse engineer, distribute, publish, display, modify, upload, post, transmit, create derivative works from, or in any other way create a misimpression or confusion among Subscribers with respect to sponsorship or affiliation or exploit in any way material from the Data. Subscriber agrees that any copy Subscriber makes pursuant to this paragraph shall include the SWFI copyright notice.

You cannot load the Content in any networked configuration that permits or enables access to the Content by third parties, whether via the Internet, a network or otherwise. You cannot download the data from the Sites with the intent of using such data as a substitute for purchasing a license or subscription. You may not use, reproduce, modify, transfer, exploit, distribute or dispose of any Content for commercial purposes, nor in any manner that might compete with our business. Subscribers agree to not to use or rely upon the Content in any way to develop products or services of SWFI, not to imitate the design, layout or “look and feel” of the Content and Sites. The reproduction, permanent storage, or retransmission of the contents of the Sites are prohibited without the prior written consent of SWFI.

Failure to comply will result in immediate Site access termination.

7. Privacy
SWFI may collect, use and disclose personal data about users of its Sites so that it can carry out any obligations owed to users and for other related purposes, including monitoring and analysis of its business, crime prevention, legal and regulatory compliance, the marketing by SWFI of other services and transfer of any of SWFI’s applicable rights or obligations. SWFI will not disclose any personal data it collects about users to third parties except: (i) to the extent that it is required to do so by any applicable law or regulation; (ii) where there is a duty to the public to disclose; (iii) where SWFI’s interests require disclosure; or (iv) at a user’s request or with a user’s consent. SWFI may disclose personal data about users to those who provide services to SWFI or act as SWFI’s agents, to any person to whom SWFI transfers or proposes to transfer any of its applicable rights or obligations and to licensed credit reference agencies or other organizations that help SWFI and others make credit decisions and reduce the incidence of fraud or in the course of carrying out identity, fraud prevention or credit control checks. SWFI may also transfer information collected and held about users to any country, including countries outside the European Economic Area which may not have data protection laws, for any of the purposes described in this clause. Users may have a right of access to some or all of the personal data SWFI collects and holds about them, or to have inaccurate information corrected, under applicable data protection laws. If a user wishes to exercise such rights he should contact SWFI in writing.

8. Disclaimer of Warranty and Limitation of Liability
Whilst SWFI endeavors to ensure that the information contained on the Sites are current, correct and complete, the Sites are provided “as is” and no warranty, express or implied, is given as to its currency, accuracy and completeness or that any returns indicated will be achieved. EXCEPT TO THE EXTENT REQUIRED BY LAW SWFI DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS AS TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SWFI does not warrant that the Sites and any content (including any third party content) will be uninterrupted or error free, that defects will be corrected or that the Sites, the servers from which it is made available or any connected website is free of viruses or other harmful components.

Use of the Sites is at user’s own risk and user assumes full responsibility and risk of loss resulting from use of or access to the Sites. SWFI and its directors, officers, and agents shall not be liable for loss or damage of any kind whatsoever arising as a result of (i) content on the Sites, including third party content; (ii) any errors in or omissions from the Sites; (iii) use of or inability to access or use the Sites for any reason. To the full extent permitted by applicable law, SWFI and its directors, officers, and agents shall not be liable for any loss of profits or revenue, loss of business or goodwill, loss of or damage to data or indirect or consequential loss arising from use of or access to the Sites, even if advised of the possibility of such loss or damage or if such loss or damage was foreseeable. Nothing in this agreement excludes or limits SWFI’s liability for fraud or for personal injury or death caused by SWFI’s negligence.

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

10. Refund Policy
If you have breached any of these terms set forth in this agreement and we have terminated access, there is no refund.

11. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and SWFI as a result of the Agreement or your access to and use of the Sites. 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 SWFI 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 SWFI and governs your use of the Sites. 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.

12. Copyright Policy
Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), we have instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA. If you believe your copyrights are being infringed, please fill out the Notice of Infringement form below and mail it to us.

The Notice of Infringement contains requested information that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), providing that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

Our designated agent to receive copyright infringement notifications is listed below on the Notice of Infringement form. Please mail a separate Notice of Infringement each time you would like to report an alleged act of infringement.

Notice of Infringement Form
Sovereign Wealth Fund Institute
Attn: Legal Department
2300 West Sahara Avenue, Suite 800
Las Vegas NV, 89102
support@swfinstitute.org
Tel: 415-717-6912

Date: ______________

Dear Madam or Sir:
I, the undersigned, CERTIFY UNDER PENALTY OF PERJURY that the information in this Notice of Infringement is accurate, and that I am the owner or an agent authorized to act on behalf of the owner of certain intellectual property rights. The name of such owner is ______________________________ (the “Owner”).
I have a good faith belief that the material identified below is not authorized by the above Owner, its agent, or the law and thus infringes the Owner’s rights. Please act promptly to remove or disable the access to the material or items claimed to be infringing.

Location of the alleged infringing material:
____________________________________________
Description of the infringing material:
____________________________________________
Description of the copyrighted work that you claimed is infringed:
____________________________________________
You may contact me at:
Name: ___________________________________
Title: ___________________________________
Company: ________________________________
Street address: ____________________________
City, State: _______________________________
Zip: ___________________________________
Tel.: ___________________________________
E-mail: ___________________________________
Fax: _____________________________________

13. Choice of Law; Exclusive Jurisdiction and Venue
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington for any and all disputes, claims and actions arising from or in connection with the Site, Content and these Terms of Use.

14. Headings
Headings in these Terms of Use are for convenience only and will have no legal meaning or effect.