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.
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.
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.