By proceeding to the scmchallenge.com website, which is owned and operated by Stevens Capital Management LP ("SCM"), and accessing any materials presented herein (the "Site"), you accept in their entirety and without modification the following terms and conditions pertaining to the use of the Site ("Terms"). Furthermore, you acknowledge that you have read and agreed to the Terms and the SCM Website Privacy Policy (the "Privacy Policy"), including, without limitation, the use of arbitration and choice of Pennsylvania law with regard to all legal disputes arising from the use of the Site.
SCM PROVIDES THIS WEBSITE FOR FACILITATING A CODE COMPETITION AND/OR RECRUITING ONLY. YOUR USE OF THE SITE IS SUBJECT TO THE FOLLOWING TERMS. BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AS WELL AS THE PRIVACY POLICY. THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN THE USER ("USER") AND SCM. THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS, AND INCLUDE A MANDATORY ARBITRATION PROVISION.
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.
The Site is only for use by residents or prospective residents of the United States, over the age of 18. It may not comply with legal requirements of foreign countries, which may have laws and regulatory requirements that differ from those in the United States. By using the Site, you agree to the transfer and processing of any personal information you provide to SCM as set forth in the Privacy Policy set forth herein under the laws of the United States and of the Commonwealth of Pennsylvania, rather than under the laws of your home country.
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.
Some Site features may require the use, collection and/or transmission of information provided by the User including, without limitation, contact information and other information provided by User ("User Information"). By using the Site, you consent to the use, collection, and transmission of User Information by or to SCM, its agents and its third-party service providers. The use, collection, and transmission of this information are governed by the Privacy Policy, the terms of which are incorporated herein by reference.
The Site utilizes encryption technology. 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 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.
SCM provides the Site for facilitating a code competition and/or recruiting only. Use of the Site is limited to the User’s interest to compete in a code competition and/or SCM’s recruiting process. 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.
THE SITE AND THE INFORMATION INCLUDED HEREIN ARE FOR FACILITATING A CODE COMPEITION AND/OR RECRUITING 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.
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.
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.
The Site does not constitute an offer or promise of employment with respect to the code competition and/or SCM’s recruiting process and you will not be compensated for your work related to the code competition and/or SCM’s recruiting process other than any prizes awarded pursuant to the rules of the code competition. SCM may eliminate, modify or change any aspects on the Site without notice. The Site does not provide binding employment offers or any terms or conditions of employment.
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.
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.
THESE TERMS ARE GOVERNED BY THE INTERNAL LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, WITHOUT 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.
Questions, comments or concerns about the Site, or these Terms and Conditions, including our Privacy Policy, the Competition Rules, and/or SCM’s recruiting process may be directed to Stevens Capital Management LP, 201 King of Prussia Road, Suite 400, Radnor, PA, 19087, Attention: Legal Department.