Fortune Connect Terms of Use

FORTUNE CONNECT TERMS OF USE

The following terms of use (the “Terms of Use”) govern your use of the Fortune Connect platform, available at https://fortune.com/connect (“Fortune Connect”), the web site (https://fortune.com/), and the web sites and/or mobile application on which a link to these Terms of Use appear, and any content, features or functionality made available from or through Fortune Connect, and/or such web sites or mobile applications, including any subdomains thereof (collectively the “Web Site”). The Web Site is made available by Fortune Media (USA) Corporation or one of its affiliates (“Fortune” or “we” or “us” or “our”), each of which have adopted these Terms of Use with regard to the respective Web Site. We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Web Site. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree to these Terms of Use, you may not access or otherwise use the Web Site.

Please note that when using certain services, you will be subject to any additional terms applicable to such services that may be posted on our Web Site or otherwise made available through the Web Site Services (as defined below) from time to time.

  1. Membership Eligibility.

Fortune Connect is not available to the general public, but anyone may apply to be a member of Fortune Connect (a “Member”) by submitting a membership request in such manner as Fortune may make available. Fortune determines, in its absolute and sole discretion, whether an applicant is eligible to become a Member.

In certain circumstances, Fortune may invite individuals to become Members, or individuals may be invited by their employers, or other third-parties, to become a Member pursuant to an Enterprise Agreement, as set forth in Section 2. Membership is granted to each applicant in their individual capacity, and a Member’s account (an “Account”) is not intended to imply the Member’s representation of any commercial entity, corporation, or other business organization. Businesses or other legal entities may not use an Account for any purpose.

Access to certain areas or functionality of Fortune Connect may require you to provide certain of your information to, or access to your information by, other members of Fortune Connect (e.g., in order to be listed in the Fortune Connect directory you may be required to designate your Account as “public” within Fortune Connect).      

  1. Enterprise Subscribers.

Some Accounts may be offered, created, and managed pursuant to an enterprise agreement (an “Enterprise Agreement”) established with a user’s employer or another third-party (the “Enterprise Contractor”). Under such circumstances the Enterprise Contractor will be responsible for the fees associated with an individual seat (a “Seat”), which will be used to create an Account for an employee or other designee of an Enterprise Contractor’s choosing.  Fortune reserves the right to share the details of an Account that is subject to an Enterprise Agreement with the Enterprise Contractor, including, but not limit to the (i) number of log-ins of an Account per month, (ii) general active or inactive status of an Account (as determined by Fortune in its sole discretion), and/or (iii) whether an Account has been deactivated as a result of that Account Member’s breach of these Terms of Use and/or the Privacy Policy; provided, that such disclosures will comply with the terms of the Privacy Policy, and applicable data privacy laws. The Enterprise Contractor may decide, in their sole discretion, whether to maintain or cancel a Seat. In the event that an Enterprise Contractor decides not to maintain a Seat, the Member whose Account was associated with that Seat will have the option to maintain their Account, in their individual capacity, at their own expense, subject to these Terms of Use. The actions of a Member whose Account is maintained under an Enterprise Agreement will, at all times, be subject to these Terms of Use. 

  1. Registered User Account, Password and Security.

After we have approved you for membership, as part of the registration or Account creation process, you will create login credentials by providing an email address and selecting a password; provided, log-in credentials will be sent to those Members whose Accounts are tied to an Enterprise Agreement and under certain other circumstances, which will require that said Member activate their Account through an activation password. You have to also give us certain registration information, all of which must be accurate and updated. You agree to provide true, accurate and complete information during the registration process and/or to promptly update your Account information with any changes as they occur. Only one person may use the username and password associated with an Account. You agree not to impersonate any person or company or use a name that you are not authorized to use. You must keep your login credentials strictly confidential; you may not allow anyone to use your registration; and you may not access the Web Site using any other person’s login credentials. We reserve the right to suspend and/or terminate your access at any time in our sole discretion. We shall not be responsible for losses incurred as the result of a user’s misuse of an email address, password or their registration. If you are under 21 years old, you are not authorized to use the Web Site Services. 

As between you and others (including your employer), your Account belongs to you. However, if the Web Site Services were purchased by another party for you to use (e.g., an Account bought as part of an Enterprise Agreement by your employer), the party paying for such Web Site Service has the right to control access to and get reports on your use of the Web Site Services; however, they do not have rights in your Account.

By registering for the Web Site Services, you agree to receive community updates, privilege emails, events emails, and other communications. Email preferences can be adjusted and fully deactivated in your profile as may be enabled by Fortune.

  1. Proprietary Rights.

The Web Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data, and materials thereon, the look and feel, design, and organization of the Web Site, and the compilation of the content, code, data, and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein are the property of Fortune and/or third-party licensors. Your use of the Web Site does not grant you ownership of any content, code, data, or materials you may access on or through the Web Site.

  1. Limited License.

You may access and view the content on the Web Site on your computer or other device and, unless otherwise indicated in these Terms of Use or on the Web Site, make single copies or prints of the content on the Web Site for your personal, internal use only. Unless otherwise specifically indicated in these Terms of Use or on the Web Site, use of the Web Site Services offered on or through the Web Site (collectively, the “Web Site Services”), are only for your personal, non-commercial use. You agree not to use the Web Site Service for public performances.

  1. Trademarks.

No permission or license is granted or implied to use the trademarks, logos, service marks and trade names displayed on the Web Site, on content available through the Web Site, or in connection with the Web Site Services (collectively the “Trademarks”). Other company, product, and service names and logos used and displayed via the Web Site Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Fortune. Our Trademarks may not be used without our prior written permission, and the Trademarks of third parties may not be used without the prior written permission of their respective owners.

  1. User Information.

In the course of your use of the Web Site and/or the Web Site Services, you may be asked to provide certain personal information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Web Site’s Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

Where we have made opt-in or opt-out settings available, we will honor the choices you make.

  1. Automated Processing.

We use the information and data that you provide and that we have about Members to make recommendations for connections, content, and features that may be useful to you. For example, we use data and information about you to recommend classes or events to you. Keeping your Account profile accurate and up to date helps us to make these recommendations more accurate and relevant.

  1. Submitted Materials.

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials that you upload, post, publish, transmit (including by email), or display via the Web Site Services or otherwise upload to the Web Site.

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Web Site, by email or in any other way. Any comments, information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to Member profiles, chat rooms, message boards, survey responses, polls, threads and/or our blogs, or send to us via email) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Web Site’s Privacy Policy and/or as otherwise provided at the time of submission. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, store, and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

  1. Prohibited User Conduct.

You warrant and agree that, while using the Web Site and the Web Site Services, you shall not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party’s trademarks, advertising, branding or other promotional content into any of the Web Site’s content or materials or Web Site Services (for example, without limitation, in an Embedded Video (as defined herein), RSS feed or a podcast received from us or otherwise through the Web Site), or, except as otherwise specifically authorized in these Terms of Use or on the Web Site use, redistribute, republish, or exploit such content or service for any further commercial or promotional purposes; (iii) attempt to gain unauthorized access to other computer systems through the Web Site; (iv) engage in spidering, screen scraping, database scraping, harvesting of email addresses, wireless addresses, or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Web Site or the Web Site Services, including without limitation any information residing on any server or database connected to the Web Site or the Web Site Services; (v) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means; (vi) use the Web Site or the Web Site Services in any manner that could interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (vii) use the Web Site or the Web Site Services in violation of our or any third party’s intellectual property or other proprietary or legal rights; (viii) rent, lease, loan, trade, sell/re-sell or otherwise monetize the Web Site Services or related data or access to the same; or (ix)  use the Web Site or the Web Site Services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site or the Web Site Services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Web Site in any manner that could interfere with any other party’s use and enjoyment of the Web Site or the Web Site Services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Web Site. Fortune reserves the right to investigate and take appropriate legal action against anyone who, in Fortune’s sole discretion, violates these Terms of Use, including without limitation, removing the offending content from our Web Site Services, suspending or terminating the Account of such violators, and reporting such violators to the law enforcement authorities.  You further warrant and represent that you are not currently (nor will you be while you are a Member) the target or subject of any sanctions law and that you are not currently (nor will you be while you are a Member) located or resident in a country or territory that is, or whose government is, the target of sanctions imposed by any U.S. government Sanctions Authority.

  1. Prohibited Use.

Unless otherwise specifically indicated in these Terms of Use or on the Web Site, any commercial or promotional distribution, publishing, or exploitation of the Web Site, or any content, code, data, or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein or on the Web Site, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data, or materials on or available through the Web Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose any of the content, code, data, or other materials on or available through the Web Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any copyrighted material from or through the Web Site. If you make other use of the Web Site, or the content, code, data, or materials thereon or available through the Web Site, except as otherwise provided above, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use.

  1. Code of Conduct.

We strongly believe that a diversity of perspectives helps us become better leaders, and Fortune Connect is committed to providing a welcoming and harassment-free environment for participants of all races and ethnicities, gender and trans statuses, sexual orientations, physical abilities, physical appearances, and beliefs. Fortune Connect participants agree to the following Code of Conduct:

  • Keep it within Fortune Connect – the content you find on Connect – from coursework to comments, should not be copied or shared outside of the platform/Web Site unless specifically labeled otherwise in the platform/Web Site as a takeaway that you may distribute outside the platform/Web Site;
    • Be considerate and actively seek to acknowledge and respect the boundaries of everyone in the program;
    • Support the program’s culture promoting the open sharing of ideas and perspectives;
    • Keep conversations professional with no sharing of inappropriate personal information;
    • Refrain from demeaning, discriminatory, or harassing behavior and speech;
    • Be truthful and abstain from providing information that is misleading or untrue;
    • Honor the privacy and confidentiality of Members and their experiences. Participants cannot share the contact information of other participants without consent;
    • Do not use the platform as an opportunity to solicit anyone for employment, donations, new business opportunities or selling goods or products; and
    • Abide by the Fortune Connect Terms of Use

You can report any violation of this Code of Conduct by Navigating to any post > Clicking on the three dots in the top right corner > More > Report item.  

Two reports on an item in the platform will result in the item being hidden until the platform hosts can determine whether it was a violation.   Violation of this Code of Conduct may result in enforcement actions, including, but not limited to, removal of content and suspension or termination of membership with no refund.

  1. Right to Monitor and Editorial Control.

Under no circumstances will Fortune be liable in any way for any content or materials of any third parties (including Members), including, but not limited to, for any errors or omissions in any content, or for any and all injury (including death), loss or damage of any kind incurred as a result of the use of any such content. Any opinions, advice, statements, views, positions, services, offers expressed or made available on the Web Site are solely those of the respective authors or distributors, and do not necessarily reflect our opinions, views, or position. We do not endorse any particular products, services or treatments. You agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You expressly release Fortune from any and all liability arising from your use of any third-party website, service, or content.

We reserve the right, but do not have an obligation, to monitor, review and/or remove all materials posted to the Web Site or through the Web Site Services or features by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use, our policies, or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, these Terms of Use or applicable law, or for any other reason without notice or liability.

  1. Events and Classes.

As part of your membership you will have the opportunity to attend events, classes and other programs (“Programs”) organized by Members and third parties and connect with other Members who are attendees at such Programs. You agree that (1) Fortune is not responsible for the conduct of any of the Members or other attendees at such Programs, (2) Fortune does not endorse any particular Program listed on our Web Site Services, (3) Fortune may not review and/or vet all or portions of these Programs, and (4) that you will adhere to these Terms of Use while attending such Programs.

  1. Public Forums.

We may from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, videoconferencing, interactive experiences, other forums and other such services available on or through the Web Site. You agree that we may monitor these messages, chat services, bulletin boards, message boards, blogs and other forums for compliance with these Terms of Use, and therefore, these should not be considered confidential or proprietary. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Web Site or the Web Site Services; (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law; (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy, or publicity or any other proprietary right; (v) contain a virus, spyware, or other harmful component; (vi) contain embedded links, advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters”, or pyramid schemes of any kind; (vii) constitute or contain false or misleading indications of origin, endorsement, or statements of fact; (viii) solicit personal information from anyone under the age of 16; or (ix) in the sole judgment of us is objectionable or which restricts or inhibits any other person from using or enjoying the Web Site Services, or which may expose us or our users to any harm or liability of any type. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us, our advertisers or affiliates, or any of our or their personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.

Fortune reserves the right to limit your use of the Web Site Services at any time for violation of the foregoing, including by limiting the number of your connections and your ability to contact other Members and by removing in whole or part your posts or other Submitted Materials.

  1. Private or Sensitive Information on Public Forums.

Your use of the Web Site Services (including, but not limited to attending events, classes, and/or comments submitted to a forum) may be recorded and stored in multiple places, both on our Web Site and elsewhere on the internet, which are likely to be accessible for a long time and you have no control over who will read them. You must therefore be careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary, or confidential information to our public forums.

  1. Payment.

To the extent the Web Site Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Fortune information regarding your credit card or other payment instrument acceptable to us. You represent and warrant to Fortune that such information is true, that you are authorized to use the payment instrument, and that you are 21 years old or older. You agree to pay to us the applicable fees and taxes associated with your Account. You also agree to the billing frequency stated at the time of your order. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download. Your membership may not include access to all areas of Fortune Connect, and you may have to pay additional fees for full access. These additional charges will be clearly stated. If you dispute any charges you must let Fortune know within sixty (60) days after the date that Fortune charges you. We reserve the right to change prices and fees at any time. Your continued use of the Web Site Service after the price change becomes effective constitutes your agreement to pay the changed amount when a charge is next imposed on you.

Automatic Renewal Program: Your initial Account membership fee will be established at the rate shown at time of order (which may be a free trial). If your Account membership was established under an automatic renewal program, after the initial membership period, we will automatically renew your membership for a new one-year term (or other applicable term) as described at the time you accepted the offer, charged to the payment mechanism you authorized at the time of your offer acceptance (which may be a credit or debit card, or third party payment device such as PayPal) until you tell us to stop. If your credit card expires or your payment method is otherwise invalid, your Account will not automatically be terminated. You will remain responsible for all charges. Each term we will send you a reminder notice with the rate for the next term and instructions on how to cancel and avoid further charges. We will notify you in advance if the regular rate of a product changes from what was stated at the time of your order. You will have the opportunity to accept the new price or cancel your Account from that point forward. We reserve the right to suspend or terminate your Account for any reason, with or without notice and without further obligation.

Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel an Account at any time, but if you cancel your Account before the end of the current period, we will not refund any fees already paid to us. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of Members (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.  If we do not accept you as a member our sole obligation and liability will be to refund your membership fee to the extent said fee has been paid by you to us.

For all Accounts, if we are not able to charge your authorized payment mechanism for your renewal, we may attempt to charge you again before the end of your current billing term, update your Account information using information obtained from third parties, such as your credit card company, or if such efforts are not successful, we may bill you directly using your contact and Account information. You agree to keep all of your contact and Account information current and accurate and notify us immediately if such information changes at any time. You authorize us to maintain your Account billing information to charge your Account as described above until you cancel.

  1. Third Party Web Sites.

You may be able to link from the Web Site to third-party web sites, and third-party web sites may link to the Web Site (collectively “Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by our affiliates. Links to Linked Sites do not constitute our endorsement or sponsorship of such web sites or the information, content, products, services, advertising, code, or other materials presented on or through such web sites. The inclusion of any link to such sites on our Web Site does not imply our endorsement, sponsorship, or recommendation of that site. Fortune disclaims any liability for links (1) from another web site to this Web Site, and (2) to another web site from this Web Site. Fortune cannot guarantee the standards of any web site to which links are provided on this Web Site, nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third-party web site are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. We are not responsible for any form of transmission received from any linked web site. Any reliance on the contents of a third-party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

  1. Linking to the Web Site.

Unless otherwise specifically indicated in these Terms of Use or on the Web Site, you agree that: (i) if you include a link from any other web site to the Web Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site; (ii) you are not permitted to link directly to any image hosted on the Web Site or the Web Site Services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site; and (iii) you agree not to download or use images hosted on this Web Site on another web site for any purpose including, without limitation, posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” surrounded, or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.

  1.  Embedded Video Links.

Certain pages of the Web Site may provide the functionality for you to “embed” videos appearing on the page on other web sites or blog pages (together with the Player, as defined herein, the “Embedded Video”). The functionality is provided by giving you the necessary HTML code to include on such page to make that Embedded Video appear. If you include the HTML on a web or blog page, the actual video stream for the Embedded Video will be served from our servers but the Embedded Video may be rendered to the visitor of that page as part of that page. If you elect to embed video on a page, you agree as follows: (i) you will not alter, in any respect, the Embedded Video (including without limitation the content, format, and length, and the advertising associated therewith) from how it is served from our servers; (ii) you will not facilitate access to the Embedded Video through any video player or other tool other than the video player that is provided by us when the Embedded Video appears (the “Player”); (iii) you may use the Embedded Video on an advertising-supported page provided that: (a) the Embedded Video shall not be included in, or used as part of, a service that sells access to video content; (b) you shall not insert advertising, sponsorship, or promotional messages in, or immediately adjacent to, the Embedded Video or Player; and (c) to the extent you sell any advertising, sponsorship, or promotional material to appear on the same page that includes the Embedded Video, the page must include other content not provided by us which is a sufficient basis for such sales. You may not block, inhibit, build upon or disable any portion of the Player, including without limitation links back to our site. You understand and agree that all measured metrics related to the access and viewing of the Embedded Video shall be credited to the Web Site. Without limitation of any provision of these Terms of Use, we shall have no liability to you for any reason with respect to your use of Embedded Video, and you agree to defend, indemnify, and hold harmless us and our affiliates, and our directors, officers, employees and agents and those of our affiliates, from any and all claims, liabilities, costs, and expenses, including attorneys’ fees, arising in any way from your use of the Embedded Video.

  1. Social Networking and Other Third-Party Services.

You may log into, access, or use some third-party services (“Third-Party Services”) directly or indirectly through the Web Site Services, such as social media and social networking services.  Your use of these Third-Party Services, and the manner in which Third-Party Services offer or perform their services or use, store, and disclose your information is governed solely by the terms of use, privacy policies, and other policies of such third parties, and Fortune shall have no liability or responsibility for any Third-Party Services or the privacy practices or other actions of any provider of any Third-Party Services, whether or not those Third-Party Services are directly enabled within the Web Site Services.

You expressly release Fortune from any and all liability arising from your use of any Third-Party Services.  Fortune is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Third-Party Services. As such, Fortune is not liable for any and all injury (including death) damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third-Party Services.

  1. Mobile Services.

The Web Site Services may include certain services that are available via a mobile device, including (i) the ability to upload content to the Web Site Services via a mobile device, (ii) the ability to browse the Web Site Services and the Web Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Web Site Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number.

  1. Copyright Agent.

We respect the intellectual property rights of others and require that the people who use the Web Site or the Web Site Services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below: 

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Copyright Agent:
Fortune Media (USA) Corporation
40 Fulton  Street
New York, NY 10038
Email: dmcanotice@fortune.com
Phone:  (646) 437-6828

Counter-Notice: If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Fortune will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, Member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Fortune has adopted a policy of terminating, in appropriate circumstances and at Fortune’s sole discretion, users who are deemed to be repeat infringers. Fortune may also at its sole discretion limit access to the Web Site Services and/or terminate the Member status of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Please Note: The Copyright Agent has no responsibility for and will not respond to usage/reprint permission requests or Member service inquiries.

  1. DISCLAIMER OF WARRANTIES.

THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEB SITE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEB SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR AFFILIATES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEB SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEB SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEB SITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEB SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. WE SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NOTHING CONTAINED IN THE WEB SITE SHALL BE CONSTRUED AS INVESTMENT ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DO NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEB SITE ARE PROVIDED BY US “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR OUR LICENSOR OR SUPPLIER.

  1. LIMITATION OF LIABILITY.

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEB SITE OR PURCHASE OF PRODUCTS VIA THE WEB SITE.

  1. Indemnification.

You agree to defend, indemnify and hold harmless us and our affiliates, and our directors, officers, employees, and agents and those of our affiliates, from any and all claims, liabilities, costs, and expenses, including attorneys’ fees, arising in any way from your use of the Web Site or the Web Site Services, from your placement or transmission of any message, content, information, software, or other materials on or through the Web Site, or from your breach or violation of the law or of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

  1. Photosensitive Seizures.

A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching video games or other electronic content. These seizures have a variety of symptoms, including lightheadedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Web Site and consult a doctor.

  1. Applicable Laws.

We control and operate the Web Site from our offices in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury.

  1. Termination.

We may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site Services at any time. We may restrict, suspend or terminate your access to the Web Site and/or the Web Site Services if we believe you are in breach of these Terms of Use or applicable law, or for any other reason without notice or liability.

  1. Changes to Terms of Use.

We reserve the right, at our sole discretion, to change, modify, add, or remove any portion of the Terms of Use, in whole or in part, at any time. Changes in the Terms of Use will be effective when posted. Your continued use of the Web Site and/or the Web Site Services made available on or through the Web Site after any changes to the Terms of Use are posted will be considered acceptance of those changes.

  1. Miscellaneous.

These Terms of Use constitute the entire agreement between you and Fortune and govern your use of the Web Site Services, superseding any prior agreements between you and Fortune with respect to the Web Site Services. The Terms of Use, and the relationship between you and us, shall be governed by the laws of the State of New York, United States of America. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of New York, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. 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 may not assign these Terms of Use without the prior written consent of Fortune, but Fortune may assign or transfer these Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.

  1. Supplemental Terms.

Getty Images Notice:

Getty Images still images and visual representations (including, without limitation, from Getty Images wholly-owned Sport, MLB, NHLI, AFP Sport, and Bongarts Sports) may not be republished, retransmitted, reproduced, downloaded or otherwise used, except for downloading for personal, non-commercial use. 

S&P Dow Jones Notice:

The Dow Jones Industrial Average is proprietary to and is calculated, distributed and marketed by DJI Opco, a subsidiary of S&P Dow Jones Indices LLC and have been licensed for use to S&P Opco, LLC. Standard & Poor’s and S&P are registered trademarks of Standard & Poor’s Financial Services LLC and Dow Jones is a registered trademark of Dow Jones Trademark Holdings LLC. All content of the Dow Jones Industrial Average © S&P Dow Jones Indices LLC 2014 and/or its affiliates.

Certain icons are used with permission from Adrian, available at http://designmodo.com/linecons-free/. Entypo pictograms are by Daniel Bruce, available at http://www.entypo.com. Both are
governed by the Creative Commons license available at https://creativecommons.org/licenses/by-sa/3.0/us/legalcode.

These Terms of Use were last updated on December 6, 2021.