USER AGREEMENT AND COPYRIGHT NOTICE
The use of this Web-site (the “Site”), this server, and the information, documents, articles photos,graphics and other material available here (together, the “Data”) is subject to the consent of Yale Robbins Publishing and its affiliates (the "Publisher"), which consent is granted solely and exclusively upon the acceptance by the user (the “User”) of each and all of the following terms and conditions. If the User does not agree to and accept all of such terms and conditions, the User may not access or otherwise use the services or Data provided by this Site.
Terms and Conditions.
The Data may contain other proprietary notices or describe products, services,
processes or technologies owned by the Publisher or third parties.
Nothing contained herein shall be construed as granting to the User
a license under any copyright, trademark, patent or other intellectual
property right of the Publisher or any third party. All right,
title and interest in information accessible on or through this Site and
server, including any copyrights therein, are and shall continue to
be the exclusive property of the owners thereof.
Trademarks.
The Publisher's name and logo, and all related product and service
names, design marks and slogans are the trademarks, service marks or
registered trademarks of the Publisher. Any other product and service
marks contained herein are the trademarks of their respective owners.
Limitation on Use of Data.
Subject to and contingent upon the agreement by the user with the
terms, and subject to the provisions, of this agreement,
the Publisher grants the User a limited license to utilize the
services (the “Service”) proffered by this Site for the User’s own
personal use and benefit, and not for the benefit, use or exploitation
of any other person. User may not use any Service afforded by this site
or any Data, or compilations based on any such Service or Data,
directly or indirectly, for the purpose of creating or distributing
reports of any kind, except to produce reports, in printed or
electronic format, for the User’s personal benefit or with the prior
written consent of the Publisher, provided that the User retain
all copyright and other proprietary notices. User agrees not to use,
transfer, distribute or dispose of any information contained in this
Site in any manner that could compete with the business of
the Publisher. User may not use the Data or Service in any way to
improve the quality of any other data sold or given by User to any
third party. User may not reproduce, republish or offer any part of the
Service or compilations based on any part of the Service for sale or
distribution in any form over or through any medium whatsoever, whether
hard copy, electronically or otherwise, including, without limitation,
over-the-air television or radio broadcast or other wireless
communications, via cable or broadband services, hyperlink, framing or
in any other manner on the Internet, any public or private bulletin
board system or other electronic network without the prior written
consent of the Publisher. Any reprinting, copying, modifying,
publishing, sales, or other distribution of the information herein
contained is strictly prohibited without the prior written consent of
the Publisher. In no event shall any User use the Data for any use
other than that explicitly permitted herein.
Restrictions on Use of Site.
Links to the Website without the express written permission of the Publisher are strictly prohibited.The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited.
User may not copy, reproduce, recompile, decompile, disassemble,
reverse engineer, distribute, publish, resell, sublicense, display,
perform, modify, upload to, create derivative works from, transmit or
in any way exploit any part of this Site, except as expressly set forth
herein. Modification of the content of this Site is a violation of
the Publisher’s copyright and other proprietary rights and a
material breach of this agreement. User agrees to abide by all
applicable copyright and other laws, as well as any additional
copyright notices or restrictions contained in this Site, and User
agrees to retain all copyright and other proprietary notices in any
Data obtained from this Site.
Agreement to Protect Proprietary Rights.
User acknowledges that the Service and the Data have been developed,
compiled, prepared, revised, selected and arranged by
the Publisher and others (including certain other information
sources) through the application of methods and standards of judgment
developed and applied through the expenditure of substantial time,
effort and money, and constitutes valuable intellectual property and
trade information of the Publisher and such others. User agrees to
protect the proprietary rights of the Publisher and all others
having rights in the Service and the Data and to comply with all
reasonable written requests made by the Publisher or its suppliers
of content, equipment or otherwise (“Suppliers”) to protect their and
others’ contractual, statutory and common law rights in the Service and
the Data. User may not operate as a service bureau with respect to its
access to or use of the Service, the Data or this Site.
Ownership of Proprietary Rights.
Except for the express license granted herein, all right, title and
interest in the Data, this Site, the URL associated therewith, all content
contained in this Site and the Service, in all languages, formats and
media throughout the world, including all present and future rights
in and to trade secrets, patents, copyrights, trademarks, service marks,
know-how and intellectual property and other proprietary rights of any
type, are and shall continue to be the sole and exclusive property of
the Publisher and its Suppliers.
Consent to Monitoring and Disclosure.
The Publisher
is under no obligation to monitor the Data or any part thereof.
However, anyone using this Site or the Service agrees that
the Publisher may monitor the server contents periodically to (1)
comply with any necessary laws, regulations or other government
requests; (2) to operate the server properly; and (3) to protect itself
and its users. The Publisher reserves the right to modify, reject
or eliminate any information residing on or transmitted to its server
that it, in its sole discretion, deems unacceptable or violative of the
letter or spirit of these terms and conditions. Should any User of
information on this server provide the Publisher with information
including but not limited to feedback, data, answers, questions,
comments, suggestions, plans, ideas or the like, such information shall
be deemed to be nonconfidential, and the Publisher assumes no
obligation to protect such information from disclosure. The submission
of such information to the Publisher shall in no way prevent the
purchase, manufacture or use of similar products, services, plans and
ideas by the Publisher for any purpose whatsoever, and
the Publisher shall be free to reproduce, use, disclose and
distribute any such information, separately or together with or as part
of other information, to others without restriction.
Assumption of Risk.
The Publisher and its affiliates disclaim all warranties, representations
or endorsements, express or implied, with regard to the information
accessed from, or via, this server or the Internet, including, but not
limited to, all implied warranties of merchantability, fitness for a
particular purpose, or non-infringement. The Publisher does not
assume any legal liability or responsibility for the accuracy, completeness,
or usefulness of any information, apparatus, product, service or process
described, disclosed, offered or used on the server or other material
accessible from the server.
No Warranties.
The material on this Site may be subject to technical inaccuracies,
typographical errors and miscellaneous mistakes. The Publisher
reserves the right to make changes to, and to update or remove, any
information contained on this Site, in the Service or in the Data
without notice. No advice or information given by the Publisher,
its affiliates or their respective employees shall create any warranty.
Neither the Publisher nor its affiliates warrants that the
information on this Site will be uninterruptable or error-free or that
any information, software or other material accessible from this Site
is free of defects, viruses or other harmful components, attributes or
characteristics.
Certain Disclaimers; Waiver of Liability.
Reference herein to any products, services, processes, hypertext links
to third parties or other information by trade name, trademark, manufacturer,
supplier or otherwise does not constitute or imply its endorsement,
sponsorship or recommendation by the Publisher. All information
provided herein is the sole responsibility of the persons, firms or
organizations providing such information to the Publisher for inclusion
in this Site, and each User waives any and all claims, if any, which
the User may otherwise have against the Publisher arising out of
or in connection with the use or reliance upon any of the Data in reliance
upon information provided to the Publisher by others.
User agrees that User’s use of the Data, this Site and the Service is at User’s sole risk and acknowledges that the Data, this Site, and the Service, including, without limitation, all content, services, goods or advertisements, are provided “as is,” and that the Publisher makes no warranty of any kind, express or implied, as to the Data, this Site or the Service, including, without limitation, merchantability, non-infringement, title or fitness for a particular purpose or use. The Publisher does not make any warranty, express or implied, with respect to the use of any links provided on, or to, this Site. The Publisher does not guarantee the sequence, accuracy, completeness or timeliness of the Service. The Publisher name and logo and other trademarks and trade names owned by the Publisher may not be used in any commercial manner without the prior written consent of the Publisher.
Limitations of Liability.
The Publisher, its officers and employees, affiliates, subsidiaries,
successors and assigns, consultants, Suppliers and third-party agents
shall not, directly or indirectly, be liable for any incidental, punitive,
indirect or consequential damages, for any reason arising from or relating
to the User’s use of this site, the Service, any Data, any links on
this site, any bulletin boards or chat features or any provision of
this agreement, even if advised of the possibility of such damages,
whether arising under theory of contract, tort (including but not limited
to negligence), strict liability or otherwise, and including but not
limited to lost revenues, lost profits, replacement goods, loss of technology,
rights or services, loss of data, or interruption or loss of use of
service or equipment. In no event shall the Publisher have liability
for any damage or other matter arising from or relating to this agreement
or User’s use of this site or the Service or the Data in excess of the
sum of all charges, if any, paid by the User to the Publisher during
the three (3) month period immediately preceding the event giving rise
to any such liability.