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Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.


Created: June 2009

Caroline & Joseph Gruss Life Monument Funds ("Gruss," "we," "us," or "our") offers this website, including its content, site functionality, and services (the "Website") to you subject to the terms and conditions set forth below ("Terms"). The Terms are in addition to any other agreements between you and Gruss or its affiliates.

Please read our Privacy Policy, which is incorporated by reference. By using the Website, you agree that you have read, understand and are bound by these Terms and by the Privacy Policy.

Changes in Terms

Gruss may, in its sole discretion, revise these Terms from time to time by updating the Terms, with the new terms taking effect on the date of posting. You should review the Terms every time you use this Website as they are binding on you. If you do not agree to all of the Terms, do not use this Website.

Use and Protection of Account ID and Password

Some portions of this Website are restricted and require a user identification code ("User ID") and a password access. Unauthorized use of or access to these portions of this Site is strictly prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and civil prosecution. If you are an authorized user of any restricted area, you are responsible for maintaining the security/confidentiality of your password. You are responsible for all uses of your account, whether or not you authorize them.

Restriction and Termination of Website Access

Gruss may block, restrict, suspend or terminate your access to our Website at any time in Grusss sole discretion, without prior notice or liability to you.

Intellectual Property

All information, data, documents (e.g. press releases, datasheets, FAQs, etc.), communications, downloads, designs, logos, trademarks, service marks, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products made available or enabled via the Website ("Website Content"), as well as their selection and arrangement, are protected by copyrights, trademarks, and other intellectual property and proprietary rights. Any unauthorized use of the Website Content may violate those rights and the Terms. Gruss and its licensors do not grant any implied right to use the Website Content.

You grant Gruss permission to use on the Website or in connection therewith all comments, graphics, ideas and other information you provide to Gruss through the Website, email or other means.

You may not use any portion of this Website, or any other intellectual property of Gruss (including but not limited to the Gruss trademarks), on any other website, in the source code of any other website, or in any other printed or electronic materials. You may not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of this Websites content or frame this Website within any other website without our prior written permission. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory, without prior written permission from Gruss is prohibited.

Prohibited Actions

You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Website or the Website Content.

Third Party Content

Gruss may provide content of third parties ("Third Party Content") as a service to those interested in this information. Gruss does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content.

Links

The Website may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by Gruss of the sites, but is for your reference and convenience only. Gruss has no control over the sites to which its Website links or the content at those sites, and the data collection practices of linked sites will be governed by that sites privacy policy, not by that of Gruss. Gruss is not responsible for the content or accuracy of any off-site pages or any other sites linked to Gruss. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of any linked site.

Notices

Gruss may deliver notice to you under these Terms by means of electronic mail, a general notice on the Website, or by written communication.

You may give notice to Gruss at any time by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:

Gruss Life Monument Funds
45 Broadway, Suite 3050
New York, NY 10006
Attention: Legal Notice

Notice Regarding Copyright Agent

Gruss does not condone copyright infringement on its Website, and will remove allegedly infringing content if properly notified of the infringement. If you are a copyright owner and believe that any content infringes your copyrighted work, you may submit a notification by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further information):
  • 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 at a single online site 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 you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have 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; 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 owner of an exclusive right that is allegedly infringed.
Gruss's designated copyright agent for notice of claims of copyright infringement on this Website is Aryeh Majerowicz who can be reached as follows:

Aryeh Majerowicz
Gruss Life Monument Funds
45 Broadway, Suite 3050
New York, NY 10006
am@grusslife.org
(212) 757-1500

Disclaimer of Warranties

THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THERE IS NO WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AGAINST INFRINGEMENT, OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE WEBSITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

Limitation of Liability

GRUSS SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). IN NO EVENT SHALL GRUSS OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GRUSS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.

Gruss Programs

None of the information contained in this Website should be viewed as an offer to sell or as a solicitation to purchase any of the products or services associated with the programs listed at [http://www.grusslife.org/programs/] (the "Gruss Programs"). Rather, the information on the Gruss Programs is provided to you so that you can learn about the Gruss Programs in general.

General Provisions

You expressly agree that exclusive jurisdiction for any dispute with Gruss, or in any way relating to your use of the Website resides in the state or federal courts of New York, New York. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of New York, New York in connection with any such dispute.

These Terms are governed by the internal substantive laws of the State of New York, without regard to conflict of law principles.

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No waiver of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. This Agreement, including the privacy policy, constitutes the entire agreement between the parties with respect to its subject matter and merges all prior and contemporaneous communications and proposals, whether electronic, oral or written, between the parties with respect to the subject matter.

All Website Content is Copyright Caroline & Joseph Gruss Life Monument Funds 2009. All rights reserved.