IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR MAKE FURTHER USE OF THE SITE.
SCM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO UPDATE THESE TERMS FROM TIME TO TIME. PLEASE CEHCK THE SITE PERIODICALLY FOR UPDATES. SHOULD ANY NEW TERMS GO INTO EFFECT, SCM WILL POST THEM ON THE SITE, AND THE NEW TERMS WILL APPLY ONLY TO USE OF THE SITE AFTER THE EFFECTIVE DATE OF THE UPDATED TERMS.
2. Ownership, Limited License to Use the Site
The Site may contain SCM proprietary material, including trademarks, service marks, photographs, logos, and other copyrighted material that are protected by U.S. or international intellectual property law, trade secret law, or other laws. The unauthorized use of SCM proprietary material is prohibited. These items may not be copied, imitated or used, in whole or in part, without the prior written permission of SCM.
SCM grants the User a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to use materials on the Site for personal use only. Any use of the materials in any other manner, including, without limitation, resale, transfer, modification, reverse-engineering, or distribution of text, pictures, data, hyperlinks, displays and any other content associated with the Site (“Content”) is prohibited. User may not rent, lease, lend, sell, transfer, redistribute or sublicense the Content on the Site. User may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Content on the Site, any updates, or any part thereof.
3. User Information
The Site is provided through publicly available networks; it does not use encryption or other similar technologies. Do not use the Site or the contact information provided on the Site to send SCM any confidential information, including sensitive personal information such as a Social Security number or financial account information.
Further, do not send SCM any trade secrets or other proprietary information of any third party. When you submit or post any material via the Site, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute or display such material, in whole or in part for any purpose. The foregoing grant includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. You will not receive any compensation of any kind for the use of any materials submitted by you.
4. Acceptable Use
SCM provides the Site for recruitment or employment purposes only. Use of the Site is limited to the User’s interest in SCM for general informational or prospective employment purposes. Any other use of the Site is not authorized. In no event may the Site be used in a manner that: (1) is unlawful, fraudulent or deceptive; (2) impersonates any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity or any other credential; (3) violates the legal rights of SCM or any other person or entity; (4) uses technology or any other means to access SCM networks, accounts, unauthorized content or non-public spaces; (5) attempts to interrupt, destroy or limit the functionality of the Site, SCM’s infrastructure, servers or networks, or any computer software, hardware or telecommunications equipment; (6) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (7) violates these Terms; (8) fails to comply with applicable third-party terms, conditions, or policies; (9) attempts to collect or store personal information about other Users; (10) restricts or inhibits any other User from using and enjoying the Site; (11) sends or posts spam or other direct marketing communications or postings; (12) transmits or links to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content; or (13) infringes any trademark, patent, copyright or other intellectual property right of SCM or any third party.
SCM reserves the right, in its sole discretion, to terminate any User License, remove Content or assert legal action with respect to Content or use of the Site that SCM reasonably believes is or might be in violation of these Terms. SCM may take such action without prior notice and its failure or delay in taking such action does not constitute a waiver of its rights to enforce these Terms.
5. No Offer of Securities; No Advice
THE SITE AND THE INFORMATION INCLUDED HEREIN ARE FOR RECRUITMENT OR EMPLOYMENT PURPOSES ONLY. UNDER NO CIRCUMSTANCES SHOULD ANY MATERIAL ON THE SITE BE USED OR CONSIDERED AS AN OFFER OF SOLICITATION TO BUY, HOLD OR SELL ANY SECURITY OR INSTRUMENT, INCLUDING ANY INTEREST IN ANY INVESTMENT FUND MANAGED BY SCM. ANY SUCH OFFER OF SOLICITATION CAN AND WILL BE MADE ONLY BY MEANS OF A THEN CURRENT CONFIDENTIAL OFFERING MEMORANDUM OR CONFIDENTIAL PRIVATE PLACEMENT MEMORANDUM, AS APPROPRIATE, OF EACH SUCH INVESTMENT FUND, ONLY IN JURISDICTIONS IN WHICH SUCH AN OFFER WOULD BE LAWFUL AND ONLY TO PROSPECTIVE INVESTORS WHO MEET THE INVESTOR SUITABILITY REQUIREMENTS OF EACH SUCH INVESTMENT FUND AS DETERMINED FROM TIME TO TIME BY SCM IN ITS SOLE AND ABSOLUTE DISCRETION.
Access to information about the investment funds managed by SCM is limited to prospective investors who meet the investor suitability, experience and sophistication requirements established by SCM in accordance with applicable regulatory requirements. You acknowledge that participation in investment funds is highly speculative in nature, involves substantial risk and is suitable only for experienced investors.
Information Collected on the Site
SCM provides the Site for recruitment or employment purposes only. Individuals interested in a career with SCM may review information about SCM, browse available positions, and submit resumes or other information related to employment inquiries.
Information may be collected on the Site when individuals submit contact or other information related to employment inquiries. We may also automatically collect certain technical information about use of the Site, including IP addresses. Accordingly, information collected from or provided to SCM from the Site relate to recruitment, employment or Site administration. No investor information or nonpublic financial information is collected on or accessible via the Site.
The Site may provide individuals interested in a career with SCM with multiple means of contacting us or submitting information related to an employment inquiry, including direct email to SCM. You may use these means to provide us with employment inquiries, cover letters and resumes, and any other information you wish us to consider. However, do not use the Site or the contact information provided on the Site to send SCM any confidential information, including sensitive personal information such as Social Security numbers or financial account information, or trade secrets or other proprietary information of any third party. Please see the Terms and Conditions set forth herein for more on submissions of User Information.
Use of Information
SCM will not use information provided through your use of the Site except for recruitment or employment purposes, such as to respond to employment inquiries or follow up on resume submissions, or to otherwise administer the Site, such as to measure traffic and traffic trends at the Site. By providing information to SCM via use of the Site or contact information provided on the Site, you consent to SCM’s use of that information in any manner for recruitment or employment purposes generally, including evaluation of your candidacy for employment.
How SCM May Share Information
SCM does not provide or sell any information collected on the Site to third parties for those third parties’ own purposes. We may share information collected on the Site with our service providers, who may only use or disclose information as necessary to perform services on our behalf or as otherwise required by law.
SCM may also use or disclose information pursuant to legal process or government requests that SCM believes in good faith require or authorize it to use or disclose such information, or to protect the rights, property or interests of SCM. In addition, information may be disclosed in the event of a sale or transfer of ownership or assets, or a bankruptcy or other reorganization.
No Guarantee of Security
The Site is provided through publicly available networks; it does not use encryption or other similar technologies. Do not use the Site or the contact information provided on the Site to send SCM any confidential information, including sensitive personal information such as a Social Security number or financial account information. No electronic transmission of information can be entirely secure. You understand and agree that you assume all responsibility and risk for your use of the Site, and the information you provide to us through the Site or through contact information provided on the Site.
Links to Other Sites
SCM may provide links or references to other websites on the Site that are not under the control of SCM. SCM is not responsible for the content of any linked or referenced site or any links or references contained in a linked or referenced site. Any third party hypertext links that may be presented on the Site are provided solely for your convenience. The inclusion of any link on the Site does not imply endorsement, recommendation, authorization or approval of that site by SCM.
The Site is only for use by adults over the age of 18 who are interested in working at SCM. We do not knowingly collect information on the Site from children.
International Data Transfers
The Site is only intended for use by residents of the United States, or individuals contemplating residing in the United States in connection with possible employment by SCM. The Site may not comply with legal requirements of non-U.S. countries, which may have laws and regulatory requirements that differ from those in the U.S. By using the Site, you agree to the transfer and processing of any personal information you provide to SCM under the laws of the United States and the Commonwealth of Pennsylvania, rather than under the law of any other country, including any user’s current home country.
7. No Reliance
While SCM uses reasonable efforts to update the information contained on the Site, SCM makes no representations or warranties as to the accuracy, reliability or completeness of any information on the Site. Any Content is subject to change without notice.
8. Materials to be Consulted in their Entirety
All materials on the Site are meant to be reviewed in their entirety, including any legal disclaimers and any copyright or proprietary notices. Any legal disclaimers will be deemed incorporated in any Content that you view or download.
9. No Offer of Employment
The Site does not constitute an offer or promise of employment with respect to any employment position described on the Site. SCM may eliminate, modify or change any aspects of any employment position described on the Site without notice. The Site does not provide binding employment offers or any terms or conditions of employment. Any employment offer that may result from your submission of information to SCM shall be solely in accordance with the specific terms of such employment offer made by SCM.
THE SITE, AND ALL INFORMATION AVAILABLE ON OR ACCESSED THROUGH THE SITE IS PROVIDED “AS IS” AND THE USER IS USING THE SITE AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, SCM MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESETNATIONS, PROMISES OR CLAIMS OF ANY KIND CONCERNING THE SITE OR INFORMATION PRESENTED THROUGH THE SITE. THIS SHALL INCLUDE, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SITE OR CONTENT IS RELIABLE, COMPLETE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE SITE BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER OR THAT USER INFORMATION TRANMITTED TO OR FROM OR OTHERWISE IN CONNECTION WITH THE SITE WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
11. Limitation of Liability; Indemnification
SCM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. WHERE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS IN ANY WAY LIMITED OR IS UNENFORCEABLE UNDER APPLICABLE LAW, SCM’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH LAW.
These limitations of liability will apply regardless of: (i) any negligence or gross negligence of any SCM Indemnified Party or (ii) whether the liability arises from negligence, gross negligence, strict liability, contract, tort (including negligence or gross negligence) or any other theory of legal liability.
Your sole remedy for dissatisfaction with your use of the Site is to stop using the Site.
User hereby agrees to indemnify, defend and hold SCM and all of its officers, members, partners, employees, agents, affiliates and licensors (collectively, “SCM’s Indemnified Parties”) harmless from and against any and all liability, losses, costs and expenses, including attorneys’ fees, incurred by any SCM Indemnified Party in connection with any claim that arises from User’s use or misuse of the Site, any violation of these Terms, or violation of any rights of a third party. SCM reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which User is required to provide indemnification and User shall cooperate as fully as reasonably required or requested in the defense of any such claim. User shall not in any event settle any claim without the written consent of SCM.
12. Disputes, Arbitration and Governing Law
THESE TERMS ARE GOVERNED BY THE INTERNAL LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, WIHTOUT REFERENCE TO ITS CONFLICT OF LAWS PROVISIONS. ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE USE OF THE SITE, OR ANY CONTENT ON THE SITE, SHALL BE SUBMITTED FOR AND FINALLY RESOLVED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION MEANS YOU WAIVE YOUR RIGHT TO A JURY TRIAL. THE ARBITRATOR SHALL DECIDE THE DISPUTE OR CLAIM IN ACCORDANCE WITH THE SUBSTANTIVE LAW OF THE COMMONWEALTH OF PENNSYLVANIA. THE ARBITRATOR’S DECISION SHALL BE FINAL AND LEGALLY BINDING, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED EXCLUSIVELY IN THE COURTS OF THE COMMONWEALTH OF PENNSYLVANIA. THE ARBITRATION WILL BE CONDUCTED IN THE ENGLISH LANGUAGE, WITHIN 50 MILES OF WAYNE, PENNSYLVANIA, AND IN ACCORDANCE WITH THE UNITED STATES ARBITRATION ACT. THERE SHALL BE ONE ARBITRATOR, NAMED IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.
If any part of these Terms is found to be unlawful, void, or otherwise unenforceable pursuant to applicable law, such terms shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining terms. SCM’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Last Updated July 2013