Terms of Use

Welcome to The Search for the Obvious. The following "Terms of Use" describe the terms on which Acumen Fund offers you access to the website located at http://www.acumenfund.org/searchfortheobvious (the “Website”). By accessing this website, you agree to be bound by all of these Terms of Use. If you do not agree to these Terms of Use, you may not access or otherwise use this website. By using this website you affirm that you are fully able and competent to enter into the terms as set forth herein and to abide and comply with these terms. If you object to any provision of these Terms of Use or become dissatisfied with the website in any way, you agree that your only recourse is to immediately discontinue your use of this website.

Certification that You are at Least 13 Years of Age - In order for you to use this website, you must be at least 13 years old. By signing up for a user account or by using this website, you certify that you are 13 years of age or older.

Interactive Areas - The Website may provide interactive forums, news groups, bulletin boards and other interactive areas on the website. Acumen Fund may, in its sole discretion, terminate your access to any interactive area at any time, with or without notice. You are solely responsible for your use of the interactive areas, including:

• your own actions and communications and the consequences of those actions, including the consequences that result from posting communications on the website and the Content of any of your postings;
• compliance with all rules and procedures of this website;
• compliance with all applicable domestic and international laws and regulations that relate to your use of the website; and
• ensuring that all Content that you submit does not contain third party copyrighted material or that you are otherwise legally entitled to post the Content and grant Acumen Fund the licenses set forth herein.

Acumen Fund does not assume any responsibility for content, including any material, data, communications, text, images, video, sound, and interactive features (collectively, the "Content”) you may view on this website, access through this website or that is posted on the interactive areas, including the truthfulness, accuracy, quality, or reliability of any such Content. [Acumen Website] does not endorse any Content submitted to the website by any user, or any opinion or recommendation or advice expressed therein.

By submitting Content to any part of this website, you automatically grant (or warrant that the owner of such content has expressly granted) to Acumen Fund (and its successors and affiliates) a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, fully-transferable license and right to use, reproduce, create derivative works from, modify, translate, distribute, perform, and display the communication (or any derivative work based thereon) either alone or as part of other works in any form, whether now known or hereafter developed, for any purpose. Such license will be fully transferable by assignment, sublicense (including multiple tiers of sublicenses) or any other means. Except as described herein, any Content which you post on the website is considered to be non-confidential.

E-mail Communications – By submitting your e-mail address to the Website, you consent to being placed on Acumen Fund’s mailing lists and thereby receiving e-mail correspondence from Acumen Fund, including newsletters, event advertisements, and website updates. You may remove your e-mail address from the applicable mailing list at any time by clicking the “unsubscribe” link in any e-mail from Acumen Fund. Although Acumen Fund will promptly remove your e-mail address from its mailing list, you may still receive any e-mails that are initiated before your e-mail address is removed from the list.

Improper and Prohibited Uses - You agree that you will not engage in any actions, or submit any Content, that is defamatory, offensive, objectionable, prohibited, or illegal, as determined by Acumen Fund in its sole discretion. Without limitation, actions or Content that shall be considered defamatory, offensive, objectionable, prohibited or illegal include the following:

• Use of any of the interactive areas that could expose Acumen Fund to any liability or detriment, or for any purpose in violation of local, state, national, or international laws;
• Posting or otherwise disseminating material that violates or infringes on any third party's intellectual property rights, proprietary or contractual rights, or privacy or publicity rights;
• Posting or otherwise disseminating material that is objectionable to Acumen Fund or the Website, including material that is unlawful, fraudulent, obscene, defamatory, threatening, abusive, hateful, pornographic, harmful to minors, promoting illegal activity, or embarrassing to another person or entity, as determined by Acumen Fund at its sole discretion;
• Posting or otherwise disseminating personal or identifying information about another person without that person’s explicit consent;
• Posting spam or comments that are not related to the topic being discussed (unless it is clear the discussion is free form) or that otherwise disrupt the normal flow of dialogue;
• Posting or otherwise disseminating advertisements or solicitations, chain letters, pyramid schemes, unsolicited bulk e-mail to users or individuals that have not agreed to receive such mailings, or other advertising or marketing that violates these Terms of Use, or any applicable laws, regulations, or generally accepted advertising industry guidelines;
• Allowing any other person or entity to use your identification to post or view comments;
• Accessing the website with another user's account, service, or system without authorization from Acumen Fund, impersonating another person, falsely stating or otherwise misrepresenting an affiliation with any person or entity, or creating or using a false identity on the website;
• Disclosing your own or another user's identification or password to third parties, or using your own or any other user's identification or passwords for any unauthorized purpose;
• Attempting to obtain unauthorized access to restricted areas of the website;
• Disrupting or interfering with the security or proper working of, or otherwise abusing, this website, or any services, system resources, accounts, servers, or networks connected to or accessible through this website or affiliated or linked sites;
• Disrupting or interfering with any other user's enjoyment of the website or affiliated or linked sites; or
• Taking any action that imposes an unreasonable or disproportionately large load on the website’s infrastructure.

Removal of Content - Acumen Fund reserves the right to monitor, record, edit, or remove any Content on the interactive areas for any reason, including lack of adherence to these Terms of Use, and Acumen has no liability for such action. However, Acumen Fund shall in no way be obligated to exercise these rights. If notified by a user of communication(s) which are alleged not to conform to these Terms of Use, Acumen Fund may (but shall not be obligated to) investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). Acumen Fund has no liability or responsibility to you, or to any other person or entity, for the performance or nonperformance of any screening or removal activities. You agree that Acumen Fund shall not be liable for Content, including any the defamatory, offensive or illegal conduct, of any third party and that the risk of harm or damage from the foregoing is solely yours.

DISCLAIMER OF WARRANTY - THIS WEBSITE AND ALL INFORMATION, PRODUCTS, AND SERVICES AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS WEBSITE OR ANY ASSOCIATED INFORMATION, PRODUCTS, AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ACUMEN FUND AND SUCCESSORS AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OR COMPLETENESS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ACUMEN FUND OR THROUGH THE SITE SHALL CREATE ANY WARRANTY. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY INFORMATION, PRODUCTS, OR SERVICES APPEARING ON THIS WEBSITE SHALL BE AT YOUR SOLE RISK, AND YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE HAD REGARDING ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, ON THE PART OF ACUMEN FUND AND ITS AFFILIATES REGARDING THE FUNCTIONING AND USE OF THIS WEBSITE.

LIMITATION OF LIABILITY – UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ACUMEN FUND OR ITS SUCCESSORS AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER ARISING, INCLUDING ANY SUCH DAMAGES RESULTING FROM A CLAIM BY ANY PARTY RELATING TO THE USE OF THIS WEBSITE OR ANY ASSOCIATED INFORMATION, PRODUCTS, AND SERVICES, OR YOUR USE OF OR INABILITY TO USE THIS SITE. FURTHERMORE, ACUMEN FUND AND ITS SUCCESSORS AND AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES RELATING TO THE USE OF THIRD-PARTY SITES LINKED TO THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF ACUMEN FUND WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification – To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Acumen Fund and its successors and affiliates from and against any damages or claims, including legal and accounting fees, regardless of whether they are attributable to any act or omission of Acumen Fund and its successors and affiliates, in connection with (1) your use of the website, (2) your breach of these Terms of Use, (3) your negligent or wrongful conduct, (4) your accesses to or use of any third party website linked to from the Website, (5) Content posted by you or (6) the infringement by you, or any other person using your computer or personal login or password, of any right of any person or entity. This indemnification provision shall apply to third-party claims as well as claims between the parties to these Terms of Use.

Proprietary Rights - The content of the Website, including the Content and the trademarks, service marks and logos on the Website, are the property of Acumen Fund or third party licensees and are protected by copyright and other intellectual property rights under both United States and foreign laws. You may not modify or transfer the Content, or otherwise make use of the Content for any purpose, without Acumen Fund’s and/or the other respective owner’s prior written permission, except as expressly permitted on the Website. You are permitted to access and use the content through the provided functionality of the Website for personal non-commercial uses only, provided that: (a) any such uses are not competitive with or derogatory to the Website, and (b) you keep all copyright or other proprietary notices intact without alteration. Please note that this limited consent may be revoked at any time and does not include consent to republish website Content elsewhere.

If you believe that your work has been posted on the Website in a way that constitutes copyright infringement, you may send our copyright agent a notice pursuant to the Digital Millennium Copyright Act that complies with Section 512(c)(3) of Title 17 of the United States Code and includes the following (as more specifically detailed in Section 512(c)(3) of Title 17 of the United States Code):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Website;
• Your address, telephone number, and e-mail address;
• A written statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Any notice that fails to comply with the above requirements will be insufficient to confer upon Acumen Fund actual knowledge of the facts or circumstances from which the infringing activity is apparent. Please send notices of claims of copyright infringement to Acumen Fund’s General Counsel:
Ann MacDougall
Acumen Fund
76 Ninth Avenue, New York, NY 10011, Suite 315
212-566-8821
amacdougall@acumenfund.org

Termination - Acumen Fund may terminate your access to this website with or without cause, and with or without notice, at any time (including where you repeatedly infringe the intellectual property of others with the Content that you post to the Website). Such termination shall take effect immediately, unless Acumen provides otherwise in any notice. Upon account termination, your right to use this website immediately ceases and you acknowledge and agree that Acumen Fund may immediately delete any files and data relating to your account, and bar any further access to such data or to the website. Acumen Fund shall not be liable to you or to any third party for termination of your right to use the website.

Notices - All notices to Acumen Fund shall be in writing and shall be sent via e-mail to Acumen Fund, at acumen@acumenfund.org/searchfortheobvious, or such other addresses as Acumen Fund may specify. All notices to you shall be posted on the Website or shall be sent to you via e-mail at the address provided by you at account registration, or to such other addresses as you may later specify. Notice shall be deemed given when the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, notices may be sent by regular mail to you at the address provided by you. Unless the regular mail is returned to the sender, notice shall be deemed given three days after the regular mail is sent, in the case of domestic mail, or seven days after the regular mail is sent, in the case of international mail.

Choice of Law and Forum - These Terms of Use shall be governed by and construed in accordance with the internal laws of New York, applicable to contracts entered into and performed in New York by residents thereof, without regard to its conflict of laws provisions. You hereby consent to personal jurisdiction in the courts located in New York, which courts shall have exclusive jurisdiction over disputes arising out of these Terms of Use, except that such jurisdiction shall be nonexclusive with respect to indemnification or similar claims brought by Acumen Fund or its successors and affiliates arising from or in connection with third-party claims. You agree that that any disputes brought by you are to be tried without a jury. YOU AGREE THAT ANY DISPUTE AGAINST ACUMEN FUND ARISING FROM OR IN CONNECTION WITH THE USE OF THIS WEBSITE MUST BE FILED WITHIN ONE YEAR AFTER IT AROSE. ANY CLAIMS NOT FILED WITHIN ONE YEAR ARE WAIVED, AND WILL BE PERMANENTLY BARRED.

Changes to Website, No Obligation to Continue Website - The Content of this website is subject to change at any time without notice, including to correct any errors or omissions in any portion of the website. At any time, Acumen Fund may terminate, change, or suspend any aspect of the website, temporarily or permanently, without notice to you. Acumen Fund is not obligated to continue to support or update the website. Acumen Fund may impose limits on certain features or services or restrict your access to parts or all of this website. You acknowledge and agree that Acumen Fund and its successors and affiliates shall not be liable to you or to any third party in the event that Acumen Fund exercises any of these rights.

Links – The Website may contain links to third party websites that are not owned or controlled by Acumen Fund. Acumen Fund has no control over, and assumes no responsibility for these websites (including any content, terms of use or privacy policy. You follow these links and use such third party websites at your own risk.

Delegation - You may not delegate or otherwise assign any of your obligations and/or rights under these Terms of Use to any other person or entity without the prior written consent of Acumen Fund.

Modifications to the Terms of Use - Acumen Fund may, at any time and in its sole discretion, amend these Terms of Use by posting the amended Terms of Use to this website and you agree to be bound by these modifications. Any modifications shall become effective immediately upon posting. You should periodically review the most up-to-date version of these Terms of Use for any changes.

General - The headings contained in these Terms of Use are for convenience only and are not to be used in interpreting these Terms of Use. The provisions of these Terms of Use are severable. In the event any provision of these Terms of Use shall, in whole or in part, be determined to be void for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. Acumen Fund’s failure or delay in exercising or enforcing any right under the Terms of Use shall not operate as a waiver or relinquishment of any right. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.