This Agreement sets forth the terms and conditions for your use of the Business & Product Reports Web site. Your use of this site constitutes your agreement to these terms and conditions. This Agreement is between you and Business & Product Reports. 1. Your Rights. Business & Product Reports grants you a non-exclusive, non-transferable, limited right to access, use and display this Web site and the materials provided hereon, provided that you comply fully with this Agreement. The contents of the Site are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. 2. Fee-Based Service Charges. Certain features of this site are available only through the purchase of a site subscription ("Fee-Based Services"). (a) You agree to pay, using a valid credit card or check draft which Business & Product Reports accepts, the monthly or annual subscription charges set forth on the Site, applicable taxes, and other charges incurred on your account in order to access Fee-Based Services. Business & Product Reports reserves the right to increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site. Business & Product Reports may automatically charge your account for renewal of your site subscription. The renewal charge will be the current published rates for the term of your subscription. In the event Business & Product Reports cannot charge your account, we reserve the right to terminate your access to the Fee- Based Services. If you purchase an annual site subscription to access the Fee-Based Services and cancel at any time during that subscription year, Business & Product Reports will not refund the remainder of your subscription. (b) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services. (c) For purposes of identification and billing, you agree to provide Business & Product Reports with accurate, complete, and updated information required by the site subscription registration to the Fee-Based Services including your name, address, telephone number(s), and applicable payment data (e.g., credit card number, e-mail address, and expiration date). You may check, following subscription help instructions, to determine whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at Business & Product Report's option, result in immediate suspension or termination of your right to use the Fee-Based Services. (d) You agree to promptly update your Registration Data, following subscription help instructions, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, follow subscription help instructions to update your Registration Data. 3. No-Commercialization Policy. You agree to use the Site, Forums and Fee-Based Services only in a noncommercial manner and in compliance with Business & Product Reports No-Commercialization Policy. You specifically agree not to post, transmit or otherwise distribute to the Site (including without limitation any Forum) any material containing any solicitation of funds, advertising or solicitation for goods or services. We encourage you to report any apparent violation to us: Write to Business & Product Reports, 1360 Powers Ferry Rd., Suite B110 Marietta, Georgia 3006. Our Ratings, reports and information are intended solely for the use of our readers. Neither the Ratings nor the reports nor any other information, nor the name of Business & Product Reports or any of its publications, may be used in advertising or for any other commercial purpose, including any use on the Internet. Business & Product Reports will take all steps open to it to prevent commercial use of its materials, its name, or the name of Business & Product Reports. 4. Copyright and Trademarks. All materials on the Site, including without limitation text, images, software, audio and video clips, databases, and Fee- Based Services (collectively, the "Content") are owned or controlled by Business & Product Reports, which retains all right, title, and interest in and to the Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws. You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of Business & Product Reports. You agree not to use any trademarks, service marks, names, logos, or other identifiers of Business & Product Reports or its employees, licensors, independent contractors, providers and affiliates without the prior written permission of Business & Product Reports or the relevant Affiliate. In addition, you may not use our trademarks: (a) in, as, or as part of, your own trademarks or those of any third parties; (b) to identify products or services that are not those of Business & Product Reports; (c) in a manner likely to cause confusion; or (d) in a manner that implies that Business & Product Reports sponsors or endorses or is otherwise connected with, your own activities, products and services or those of third parties. You may want to print this page for your records. All rights reserved. Business & Product Reports, and other related marks used on this site are federally registered trademarks. 5. Forums. Business & Product Reports may make available to users of the site, e-mail notices, newsletters, chat rooms, message boards, bulletin board services or other interactive communication facilities by means of the. Business & Product Reports cannot review all communications made on or through the Site. However, Business & Product Reports reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any materials which Business & Product Reports in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any Business & Product Reports policy. 6. Communicating with the Site. You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Forum. You shall not upload to, or distribute to, or otherwise publish through the Forums any Communication which (i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services; (ii) is obscene, indecent, pornographic, profane, sexually explicit, or abusive; (iii) constitutes or contains false or misleading indications of origin or statements of fact; (iv) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party; (v) causes injury of any kind to any person or entity; (vi) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (vii) violates any applicable laws, rules, or regulations or (viii) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Furthermore, you acknowledge that conduct prohibited in connection with the website includes, but is not limited to, impersonation of other people and breaching or attempting to breach the security of the Site. Business & Product Reports and its Affiliates do not endorse or accept any Communications as its own or representative of its views. 7. Public Communications. You acknowledge and agree that any public Communications made to or by means of any portion of the Site are public. You acknowledge that (i) you have no expectation of privacy in any public Communication and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and Business & Product Reports by reason of your transmitting a public Communication to any area of the Site. By transmitting any public Communication to the Site, you grant to Business & Product Reports a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such public Communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such public Communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, "moral rights," or any similar rights under any jurisdiction. 8. Unsolicited E-Mail. You agree not to use Business & Product Reports website to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by Business & Product Reports in connection with the Site. A message is unsolicited if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages. 9. Your password. As part of the registration process, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access the Fee-Based Services, and agree that Business & Product Reports will have no obligations with regard thereto. Sharing of your membership or password is strictly prohibited. 10. Privacy Policy. The terms and conditions of Business & Product Reports privacy policy are set out in the section labeled "Privacy" on the Home Page of the site and (as they may be changed by Business & Product Reports in its discretion) are incorporated herein and included in this agreement. 11. Information Provided. You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. Business & Product Reports reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. You acknowledge and agree that Business & Product Reports is not responsible for any materials posted by users of the Site. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing and other information. Neither Business & Product Reports nor its Affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on the Site. 12. Links to Other Sites. The Site may contain links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by Business & Product Reports or its Affiliates of any third-party site or any materials contained therein. Business & Product Reports and its Affiliates do not control, and are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites. 13. Age restrictions. You represent and warrant to Business & Product Reports that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. 14. Financial responsibility. You agree not to assign, transfer or sublicense your rights as a subscriber to the Fee- Based Services. You agree to be financially responsible for all usage or activity on your Fee-Based Services account. 15. Indemnification. You hereby agree to indemnify, defend and hold harmless Business & Product Reports and its Affiliates from and against any and all liability and costs incurred by Business & Product Reports or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. Business & Product Reports reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Business & Product Reports. 16. DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NON- INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Business & Product Reports AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY Business & Product Reports. Business & Product Reports DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 17. LIMITATION OF LIABILITY. USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL Business & Product Reports OR THE AFFILIATES, OR ANY PROVIDER OF ELECOMMUNICATIONS OR NETWORK SERVICES FOR CU OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE- BASED SERVICES, EVEN IF Business & Product Reports, THE AFFILIATES, OR THEIR PROVIDERS OF ELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF Business & Product Reports AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE Business & Product Reports AND THE AFFILIATES FROM ANY AND ALL BLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 18. Termination. In addition to any other rights of the parties set forth herein, either you or Business & Product Reports may cancel or terminate this Agreement at any time in accordance with the subscription help instructions. Business & Product Reports also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If Business & Product Reports terminates this Agreement based on a breach of any portion of this Agreement, Business & Product Reports reserves the right to refuse to provide a subscription or any Fee-Based Services to you in the future. 19. Modifications. (a) To the Agreement. Business & Product Reports has the right to modify this Agreement and any policies affecting the Site, including without limitation the No-Commercialization Policy. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Business & Product Reports in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your subscription in accordance with the subscription help instructions. (b) To the Site. Business & Product Reports has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. Business & Product Reports may also impose limits on certain features and services or restrict your access to parts or all of the Business & Product Reports Site without notice or liability. 20. General. This Agreement constitutes the entire agreement between you and Business & Product Reports with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between you and Business & Product Reports. Failure by Business & Product Reports to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of New York (excluding its choice of law rules). You consent irrevocably to personal jurisdiction in the federal or state courts located in New York County, New York for any action arising out of or relating to your use of the Site or Fee-Based Services. The federal and state courts of New York County, New York shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
Copyright © 2004 B&PR Consumer Business and Product Reports. All rights reserved. <
Terms of Use
> <
Online Privacy Policy
> <
Contact Us
>
