Terms of Use and Consent

Acceptance of Terms of Use

By consenting to these Terms of Use and by accessing the Official Neuberger Berman Alumni LinkedIn Group website (the “Site”), the pages contained on it, and the services, information, tools and material contained or described herein, you acknowledge your understanding and acceptance of and agreement with the following terms (the “Terms of Use”).

Description of Service

By consenting to these Terms of Use and by accessing the Official Neuberger Berman Alumni LinkedIn Group website (the “Site”), the pages contained on it, and the services, information, tools and material contained or described herein, you acknowledge your understanding and acceptance of and agreement with the following terms (the “Terms of Use”).

Your Registration Obligations

In consideration for your use of this Site, you agree: (a) to provide true, accurate, current, and not misleading information about yourself as prompted by the site’s registration form (hereinafter, “Registration Information”) and (b) to maintain and promptly update the Registration Information to keep it true, accurate, and current. If you provide, or if Neuberger has reason to believe that, information that is untrue, inaccurate, not current or misleading, or if you misuse the Site, Neuberger may, in its sole discretion, suspend or terminate your membership to the Site and refuse any and all current or future use of the Site or any portion thereof.

Member Account and Account Security

You have been selected for membership to the official Neuberger Berman Alumni LinkedIn Group and have been approved to use the Site. You are fully responsible for all activities that occur under your password or account. You shall not permit third parties to access the Site through your username or password. You agree (a) to immediately notify Neuberger of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. Neuberger cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms of Use.

Privacy and Data Security

Your Registration Information and certain other information about you are subject to our Online Privacy Statement, to which you must consent, while registering to use the Site. Please review the Online Privacy Statement.

Review, Retention and Supervision of Messages

You understand and agree that any messages transmitted to, from or copying a Neuberger employee are subject to review, retention and supervision by Neuberger. Such review, retention and supervision may occur in a location other than where you or the employee is based. When using this Site, Neuberger employees must comply with Neuberger’s Electronic Communications policies and procedures and all other related policies.

User Conduct

You acknowledge and agree that the messages or other data you post or transmit through the Site (for example, through your user profile) is the sole responsibility of the person from which such content originated. This means that you, and not Neuberger, are entirely responsible for all content that you submit, upload, post, e-mail or otherwise transmit through the Site.

You agree to not use the Site or any programs associated with it:

• to submit, upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;
• to “stalk” or otherwise harass or harm others;
• to impersonate any person or entity, including, but not limited to, a Neuberger employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• to forge headers or otherwise manipulate identifiers in order to disguise the origin of any messages transmitted through the Site;
• to submit, upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or which is subject to nondisclosure agreements or other contractual requirements);
• to download any file posted by another user of the Site that you know, or reasonably should know, cannot legally be distributed in such manner;
• to submit, upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of Neuberger or any other party;
• to advertise or offer to sell or buy any goods or services for any business purpose without the express permission of Neuberger;
• to use the Site’s e-mail feature or other messaging functionality to conduct business pertaining to Neuberger products or services;
• to submit, upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation;
• to interfere with or disrupt the Site or servers or networks connected to the Site;
• to violate any applicable local, state, national or international law, or any regulations having the force of law.

Ownership of Site, Trademarks and Copyrights

The name and mark, “Neuberger Berman” and other trademarks on the Site are trademarks and service marks or registered trademarks or service marks of Neuberger. All material posted to the Site is owned by or licensed to Neuberger. Neuberger reserves all rights with respect to copyright and trademark ownership of all material on the Site, and may enforce such rights to the full extent of applicable law.

Nothing on the Site shall be construed as granting any license or right to use any image, trademark, service mark or logo. Downloading, copying or printing individual pages and/or parts of the Site is meant for personal use, and will not transfer title to any software or material on the Site to you. Explicit attribution to Neuberger must be made in the event that the material, or any part thereof, is reproduced in any form, print or electronic. Furthermore, any reproduction, re-publication or distribution of this material requires the express prior written consent of Neuberger.

Neuberger reserves the right, in its sole discretion to review, post, reject or remove any material for any reason. By submitting or posting material to or through the Site, you grant Neuberger a nonexclusive, worldwide, royalty free, perpetual, irrevocable license to use, reproduce, and disseminate that material in connection with the operation and promotion of Alumni Network, including, without limitation, the right to use your name and likeness and to publish the personal information you submit for your profile in any form, print or electronic.

No Offer and Solicitation and Distribution

This Site is not directed at, or intended for distribution to or use by, any person or entity that is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to applicable law or regulation or which would subject Neuberger to any registration or licensing requirement within such jurisdiction. Nothing on this Site shall constitute an offer or a solicitation of an offer to buy or sell any products or services, including but not limited to any securities, financial instruments or other investments or investment advice. The information in the Site is descriptive of Neuberger as a whole and provides networking abilities to certain of its current and former employees and to alumni of its predecessor firms.

Neuberger will not treat users of this Site as its clients by virtue of them accessing it or using it.

No Warranty; No Liability; Indemnification

YOUR USE OF THE ALUNMI NETWORK AND THE SITE IS AT YOUR SOLE RISK. THE INFORMATION ON THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. NEUBERGER MAKES NO WARRANTY THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT VIRUSES OR OTHER HARMFUL COMPONENTS WILL NOT BE TRANSMITTED IN CONNECTION WITH YOUR USE OF THE SITE. NEUBERGER HEREBY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND/OR REGULATION, ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, REGARDING THE SITE AND ANY RESULTS TO BE OBTAINED FROM THE USE OF THE SITE AND ITS CONTENTS, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING AND/OR USAGE OF TRADE OR THEIR EQUIVALENTS UNDER THE APPLICABLE LAWS AND/OR REGULATIONS OF ANY JURISDICTION. NEUBERGER DOES NOT WARRANT OR GUARANTEE THE ACCURACY, TIMELINESS, COMPLETENESS OR AVAILABILITY OF THIS SITE OR THE INFORMATION OR RESULTS OBTAINED FROM USE OF IT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEUBERGER OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. UNDER NO CIRCUMSTANCES AND UNDER NO THEORY OF ANY APPLICABLE LAW AND/OR REGULATION SHALL NEUBERGER BE LIABLE TO ANYONE FOR ANY DAMAGES ARISING IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE FROM ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS SITE OR FROM ANY ACTION TAKEN OR NOT TAKEN AS A RESULT, REGARDLESS OF WHETHER THEY ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, OR FOR ANY CLAIM OR DEMAND BY YOU OR BY ANY THIRD PARTY, EVEN IF NEUBERGER KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, CLAIM OR DEMAND, INCLUDING BUT NOT LIMITED TO: (1) THE USE OR THE INABILITY TO USE THE SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (5) ANY OTHER MATTER RELATING TO THE SITE OR USER ACTIVITIES IN CONNECTION WITH THE SITE. IF THIS LIMITATION OF LIABILITY OR WARRANTY DISCLAIMER IS HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, NEUBERGER’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED $1,000. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS NEUBERGER AGAINST ANY AND ALL CLAIMS, LIABILITY, COSTS, FEES OR DAMAGES DUE TO OR ARISING FROM BREACH OR OTHER VIOLATION OF THESE TERMS OF USE OR IN CONNECTION WITH ACTIVITIES CONDUCTED THROUGH THE SITE BY YOU OR UNDER YOUR USERNAME OR ACCOUNT. YOUR INDEMNITY OBLIGATION SHALL SPECIFICALLY INCLUDE, WITHOUT LIMITATION, CLAIMS FOR INTELLECTUAL PROPERTY INFRINGEMENT, LIBEL, DEFAMATION, OR PRIVACY VIOLATIONS.

Modification/Termination of Service

Neuberger reserves the right to modify the Terms of Use. Neuberger will give notice of changes to these Terms of Use and an opportunity to accept or reject them. Should you not accept new terms, Neuberger may terminate your access to the Site. Neuberger has the right, in its sole discretion, to modify, discontinue or terminate the Alumni Network or the Site at any time and for any reason.

Links to Other Websites / Content of Other Providers

Activating certain links on this Site may cause you to leave this Site. Such links, addresses or hyperlinks are provided solely for your convenience and information. Neuberger has not reviewed any of the websites linked with or connected to this Site, or which provide links to this Site, and does not accept any liability for their contents, the offered products or services or any other offers. Using links from this Site to any website not owned by Neuberger is at your own risk.

General Information

This agreement and the relationship between you and Neuberger shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York, and to initiate any action against Neuberger related to the Alumni Network or the Site solely in such courts. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE TRIAL BY JURY OF ANY AND ALL ISSUES THAT ARISE IN ANY ACTION UNDER ANY THEORY OF LAW RELATED TO THE ALUMNI NETWORK OR YOUR USE OF THE SITE.