Bridgewater Alumni Site Terms of Use

Effective Date: August 17, 2018

PLEASE READ THESE BRIDGEWATER ALUMNI SITE TERMS OF USE (“TERMS OF USE”) CAREFULLY.  THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THE BRIDGEWATER ALUMNI SITE, INCLUDING ALL INFORMATION, SERVICES AND OTHER CONTENT PROVIDED ON THE BRIDGEWATER ALUMNI SITE (COLLECTIVELY, THE “ALUMNI SITE”).  BY ACCEPTING THESE TERMS OF USE OR BY ACCESSING AND USING THE ALUMNI SITE, YOU AGREE THAT: (1) YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND (2) THESE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND BRIDGEWATER ASSOCIATES, LP (“BRIDGEWATER”).  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE ALUMNI SITE.   

Modifications

Bridgewater reserves the right to modify and update these Terms of Use, as well as any aspect of the Alumni Site at any time in its sole discretion.  Your continued access to or use of the Alumni Site will constitute your acceptance of any modifications and updates made by Bridgewater.  

Your Account

You may be required to create an account with Bridgewater (“Account”) in order to access certain content and services on the Alumni Site.  You are not permitted to share, sell, distribute or otherwise transfer your Account or allow your login credentials to be used by any other individual.  Bridgewater may terminate your Account and suspend your use of the Alumni Site for any reason or no reason, without prior notice to you, including but not limited to if Bridgewater suspects that your Account is being used in an unauthorized manner.

Alumni Site Content

The Alumni Site, including all information, services, images, logos, trademarks, graphics, software, and other content made available by Bridgewater on the Alumni Site (collectively, the “Alumni Site Content”) are the sole property of Bridgewater, its affiliates or their licensors and are protected by copyright and other laws, both in the United States and in other countries.  You may not reproduce, modify, republish, distribute, resell, broadcast, reverse-engineer, create derivative works from or otherwise exploit in any manner, in whole or in part, the Alumni Site Content, except to the extent expressly permitted by Bridgewater.  You may download and copy Alumni Site Content made available to you on the Alumni Site for your personal and noncommercial use, provided that you keep intact any copyright or other proprietary notices displayed therein.  Except for this limited license, Bridgewater does not convey any interest in or to the Alumni Site Content.  All rights not expressly granted herein are reserved by Bridgewater, its affiliates and their licensors.

Third-Party Services

The Alumni Site may include links to or plug-ins of third-party websites, apps or services that may be operated by companies not affiliated with Bridgewater.  The inclusion of such links or plug-ins on the Alumni Site is provided solely as a convenience to you, and Bridgewater makes no representations or warranties regarding any such third-party website, app or service.   If you choose to click on any link to or plug-in of a third-party website, app or service, you understand that you are connecting directly to the third-party website, app or service and will be subject to any terms of use, policies and privacy practices of such third party.

Digital Millennium Copyright Act

Bridgewater endeavors to observe the requirements of the Digital Millennium Copyright Act. In the event you believe that any Alumni Site Content infringes your copyright or other intellectual property right, you may notify our designated agent by e-mail at DMCAagent@bwater.com or at the following mailing address:

Bridgewater Associates, LP
One Glendinning Place
Westport, CT 06880
Attn: General Counsel - DMCA Complaint 

You must include the following information in your complaint:

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of the material that you claim is infringing with respect to the Alumni Site;
  • your e-mail address, mailing address and telephone number;
  • a statement by you that you have a good faith belief that the use of the material on the Alumni Site is not authorized by the copyright owner, the copyright owner’s agent or law;
  • a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.  

User Material

The Alumni Site may contain message boards, discussion groups or other public forums through which users of the Alumni Site (“Users”) may submit and post content, including but not limited to reviews, comments, ideas, photos and other information (collectively, “User Material”).  While Bridgewater does not normally review or monitor submissions of User Material, Bridgewater reserves the right to block, refuse, delete, remove or edit, in whole or in part, any User Material that violates these Terms of Use or is otherwise objectionable, as determined by Bridgewater in its sole discretion.  Bridgewater assumes no liability in connection with your use of any User Material published on the Alumni Site, including any errors or omissions contained in such User Material, or for any loss or damage incurred as a result of your use of any User Material.  

To the extent you submit any content to the Alumni Site, Bridgewater cannot and does not guarantee that your User Material will not be misused by other Users.  You are solely responsible and assume all risks associated with any User Material you submit or that is submitted through your Account.     

ou grant to Bridgewater a nonexclusive, royalty-free, perpetual, worldwide, irrevocable, sublicenseable and transferable license to use, host, store, reproduce, modify, publish, adapt, translate, edit, create derivative works from, publicly display and distribute any User Material you submit to the Alumni Site in any media.  You hereby waive any moral rights you may have in the User Material.  By posting User Material on the Alumni Site, you represent and warrant that you own or have the necessary rights and permissions to provide such User Material to Bridgewater, and to authorize Bridgewater to use such User Material in the manner contemplated by these Terms of Use.  You acknowledge that Bridgewater has no obligation to keep any User Material you submit to the Alumni Site confidential.  

Please keep in mind that whenever you voluntarily disclose personal information online - in the optional fields in your profile, through email, or in areas of the Alumni Site - that information may be accessible to the rest of the members of the Bridgewater Alumni Network or may be made public. Please do not post or add personal data to your profile or elsewhere on the Alumni Site that you would not want to be publicly available.  

Acceptable Use Policy  

You agree that you will not post or submit any User Material or use the Alumni Site in a manner that: (1) is obscene, inappropriate, threatening, harassing, abusive, false, inaccurate, deceptive, libelous, defamatory, vulgar, pornographic, invasive of privacy or is otherwise injurious to third parties; (2) constitutes a criminal offense, gives rise to civil liability, or otherwise violates any local, state, national, or international law; (3) contains computer viruses, malware, bots, worms, Trojan horses or other harmful, disruptive, or destructive materials that limit the functionality of any computer software, hardware, or telecommunications equipment; (4) includes advertisements, promotional materials, spam, junk mail, pyramid schemes or other forms of solicitation; (5) impersonates another person or entity or falsely states or misrepresents your affiliation with a person or entity; (6) attempts to or disguises the origin of any User Material posted to the Alumni Site; (7) implies Bridgewater’s endorsement of your content; (8) restricts or interferes with any other User’s ability to use or enjoy the Alumni Site, as determined by Bridgewater in its sole discretion;  (9) tampers with postings, registration information, profiles, submissions or content of other users; (10) uses any robot, spider, scraper or other automated means or interface not provided by Bridgewater to access the Alumni Site; (11) extracts data or gathers or uses information available through the Alumni Site through any means not intentionally made available or provided for through the Alumni Site; (12) infringes or alleges to be infringing upon a third-party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any content that is the subject of any third-party claim of infringement; (13) violates contractual or fiduciary relationships; or (14) violates these Terms of Use or uses the Alumni Site in any manner that is inconsistent with the purposes or objectives of this Alumni Site, as determined in good faith by Bridgewater. Bridgewater reserves the right to suspend or terminate your access to the Alumni Site and seek other legal or equitable remedies, upon becoming aware of any violation of this Acceptable Use Policy by you.

Warranty Disclaimer 

THE ALUMNI SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS.  BRIDGEWATER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING: (1) THE ALUMNI SITE CONTENT, INCLUDING BUT NOT LIMITED TO (A) THE ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY OR TIMELINESS OF THE ALUMNI SITE CONTENT, OR (B) THE RESULTS OBTAINED OR TO BE OBTAINED FROM THE ALUMNI SITE CONTENT;  OR (2) THE ABSENCE OF ANY MALWARE OR OTHER HARMFUL CODE ON THE ALUMNI SITE OR WITHIN ANY ALUMNI SITE CONTENT.  BRIDGEWATER, ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.   

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.  IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION.  

Limitation Of Liability 

IN NO EVENT WILL BRIDGEWATER, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOST REVENUES OR PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF THE ALUMNI SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT BRIDGEWATER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, BRIDGEWATER’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.

Indemnity 

You agree to indemnify, defend and hold harmless Bridgewater and its affiliates, and each of their respective officers, directors, employees, agents, suppliers and representatives, from and against all losses, expenses, damages, fines, penalties and other costs, including reasonable attorney fees, arising out of or related to (1) your use or misuse of the Alumni Site, including any Alumni Site Content; (2) your breach of these Terms of Use; or (3) any User Materials submitted by you to the Alumni Site.  Bridgewater reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section, in which event you agree to cooperate with any reasonable requests assisting our defense of such matter.

Governing Law

All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of Connecticut, without giving effect to any choice of law or conflict of law. 


Binding Arbitration And Class Action Waiver

To the fullest extent permitted by law, you and Bridgewater agree to arbitrate any controversy, claim or dispute arising out of or in any way related to your use of the Alumni Site, including but not limited to claims based on contract, tort, negligence, statutory or regulatory provisions. EACH PARTY IS GIVING UP ITS RIGHT TO SUE IN COURT AND TO HAVE ANY CONTROVERSY, CLAIM OR DISPUTE HEARD BY A JUDGE OR JURY. 

YOU AND BRIDGEWATER EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE ALUMNI SITE.  THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATED TO WHETHER THIS AGREEMENT TO ARBITRATE IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION.  YOU ALSO AGREE THAT ANY ARBITRATION MAY ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES, NOT AS A CLASS, PURPORTED CLASS OR REPRESENTATIVE ACTION.  THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

The mutual promise by you and Bridgewater to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate.

Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.

Unless you and Bridgewater otherwise agree, the arbitration will be conducted in the county where you reside by a single neutral arbitrator and in accordance with the then current rules for resolution of disputes of the American Arbitration Association (AAA) (available online at www.adr.org). The parties are entitled to representation by an attorney or other representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Bridgewater will reimburse those fees up to $7,500, unless the arbitrator determines the claims are frivolous.  Likewise, Bridgewater will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

NOTWITHSTANDING THE ABOVE, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU REGISTER FOR AN ACCOUNT, OR (2) THE DATE YOU FIRST SIGNED AN AGREEMENT WITH BRIDGEWATER THAT CONTAINED AN ARBITRATION PROVISION.  The opt-out notice must be postmarked no later than the applicable deadline and mailed to Alumni Program Coordinator, One Glenndinning Place, Westport, CT 06880.  The opt-out notice must state that you do not agree to this arbitration provision and must include the name, address, phone number and email address associated with your Account. You must sign the opt-out notice in order for it to be effective. This procedure is the only way you can opt out of this arbitration provision; failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the arbitration provision, all other parts of these Terms of Use will continue to apply.

General

To the extent any portion of these Terms of Use is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use, as modified, will remain in full force and effect.  This is the entire agreement between you and Bridgewater relating to the subject matter herein.

How To Contact Us

If you have any questions about these Terms of Use, please contact Alumni Program Coordinator at: Alumni@bwater.com