Asian Hedge Fund Network Service Agreement Last Updated: July 2008

1. What the Contract Covers.

This is a contract between you and Asian Hedge Fund Network LLC.  Sometimes the Asian Hedge Fund Network LLC is referred to as "AHFN," "we," "us" or "our". This contract applies to any product or services offered by Asian Hedge Fund Network LLC.  All of the products or services we offer are referred to in this contract as the "service."
Please note that we do not provide warranties for the service. The contract also limits our liability.

2. When You May Use the Service.

You may start using the service as soon as you have finished the sign-up process. No withdrawal right or other "cooling off" period applies to the service and you waive any applicable "cooling off" period, except if the law requires a "cooling off" period despite your waiver and even when a service starts right away.

3. How You May Use the Service.

In using the service, you will:

4. How You May Not Use the Service.

In using the service, you may not:

5. You Are Responsible For Your Service Account.

Only you may use your service account. You are responsible for all activity that takes place with your service account online or at AHFN events. You may not authorize any third party to access and/or use the service on your behalf except where AHFN provides a mechanism for third parties to access the service on your behalf.

6. If You Pay AHFN.
6.1 Charges. This section 6 applies in all situations in which you pay us. We do not process payment, and utilize a vendor to process payment.  The charges and billing terms are as stated by the other company.  Even if you do not pay for the service, you may still incur charges incidental to using the service; for example, access charges to even venues, charges for Internet access, mobile text messaging, or other data transmission.
6.2 Trial Period Offers. You may have received a limited time of free service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges. If you do not cancel your service, and we have informed you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorize us or a payment processing vendor to charge your payment method for the service.
6.3 Prices and Price Increases. The price for the service excludes all taxes and phone charges, unless stated otherwise. You are responsible for any taxes that you are obligated to pay or that we may collect from you. You are responsible for all other charges (for example, phone charges). Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the service from time to time, but we will tell you before we do.

If you do not agree to these changes, then you must cancel and stop using the service before the changes take place. If you cancel your service, then your service ends at the end of your current service time length or, if we bill your account on a period basis, at the end of the period in which you cancelled.
6.4 Refund Policies. Unless otherwise provided by law or in connection with any particular service offer, all charges are non-refundable, and the costs of any returns will be at your expense.
6.5 Online Statement; Errors. Our payment processor will provide you with an online receipt. This is the only receipt that we provide. You must tell us within 30 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 30 days after the error first appears on your online statement. If you do not tell us within this time, we will not be required to correct the error. We can correct billing errors at any time.
6.6 Canceling the Service. You may cancel the service at any time, with or without cause in writing. Certain service offers may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the service by you will not alter your obligation to pay all charges made to your billing account.
6.7 Late Payments. Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your service if you fail to pay in full on time.

7. Your Materials.

Online or at AHFN events, you may be able to submit materials and ideas.  You understand that AHFN does not control or endorse the content that you and others post or provide while using the service.   Except for material that we license to you, we do not claim ownership of the materials you provide on the service.  However, with respect to content you post or provide, you grant the public free, unlimited, worldwide, nonexclusive and perpetual permission to:

You understand that AHFN may need to make copies, change the format, transcode or otherwise process content submitted on the service online or at offline events, in order to:

This section applies only to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law. You understand that sharing content that violates others' copyrights and other intellectual property rights violates this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section 7 and that the use and publication of the content does not breach any law. We will not pay you for your content. We may refuse to publish your content and may remove your content from the service at any time.

8. Membership Benefits

8.1 Events. Membership only allows potential access to our events and activities designated for your membership class.  There may be an additional event access charge or other incremental charges to access any events and activities.  We may not offer any events that will not require any additional charges.  We may not offer any events during your membership term at all.

8.2 Website. Membership allows access to the membership section of our website.  However, you may be unable to access the website from time to time.

9. Privacy.

In order to operate and provide the service, we collect certain information about you.  In particular, we may access or disclose information about you in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of AHFN or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the AHFN. 
We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. These means may include, for example, restricting access to certain events or member benefits, or increase security. These means may hinder or break your use of the service.

10. How We May Change the Contract.

If we change this contract, then we will tell you at least 30 days before the change takes place. If you do not agree to these changes, then you must cancel and stop using the service before the change takes place. If you do not stop using the service, then your use of the service will continue under the changed contract.

11. WE MAKE NO WARRANTY.
We provide the service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the service. We do not guarantee a minimum number of events or other activities and you will not be eligible for any refunds even in the event that we do not host a single event.  We and our affiliates, resellers, distributors, vendors, our directors, members, employees, independent contractors and subsidiaries (collectively, the "AHFN parties") give no express warranties, guarantees or conditions.  You may have additional consumer rights under your local laws that this contract cannot change.  We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

12. LIABILITY LIMITATION.
You can recover from the AHFN parties only direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.
This limitation applies to anything related to:

It also applies even if:

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

Failure by AHFN to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right.

13. Changes to the Service; If We Cancel the Service.

We may change the service or delete features and benefits at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. Our cancellation of the service will not alter your obligation to pay all charges made to your billing account. If we cancel the service in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your service remaining right before the cancellation.

14. Interpreting the Contract.
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.

15. Assignment.
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.

16. No Third Party Beneficiaries.
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

17. Claim Must Be Filed Within One Year.
Any claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.

18. Your Notices to Us.
You may notify us by mail at the address specified on our website (www.ahfnetwork.com) . We do not accept e-mail notices.

19. Notices We Send You; Consent Regarding Electronic Information.
This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you certain additional information. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service. We may provide required information to you:

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.

20. Contracting Party, Choice of Law and Location for Resolving Disputes. This contract is between you and Asian Hedge Fund Network LLC.

Copyright and Trademark Notices

All contents of the service are Copyright © 2008 Asian Hedge Fund Network LLC and/or its suppliers. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.

Financial Notice

AHFN is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the service constitute an offer or solicitation to buy or sell any security. AHFN does not endorse or recommend any particular financial products or services. Nothing contained in the service is intended to constitute professional advice, including but not limited to, investment or tax advice.

Support

Customer support is not offered for the service, unless provided otherwise in this contract or the materials we publish in connection with a particular service specify that it includes customer support.