The
PlacementIntelligence.com Web Site (the "Site") is an
online information service provided by PlacementIntelligence.com
("PlacementIntelligence.com "), subject to your compliance
with the terms and conditions set forth below. PLEASE READ THIS
DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING
OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. PlacementIntelligence.com
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL
BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF
THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1.
Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are
PlacementIntelligence.com, its affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download
portions of material from the different areas of the Site solely
for your own non-commercial use provided that you agree not to change
or delete any copyright or proprietary notices from the materials.
You agree to grant to PlacementIntelligence.com a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to sub-license,
to reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new
or improved products and services) you submit to any public areas
of the Site (such as bulletin boards, forums and newsgroups) or
by e-mail to PlacementIntelligence.com by all means and in any media
now known or hereafter developed. You also grant to PlacementIntelligence.com
the right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that
you shall have no recourse against PlacementIntelligence.com for
any alleged or actual infringement or misappropriation of any proprietary
right in your communications to PlacementIntelligence.com.
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1.01 TRADEMARKS.
Publications, products, content or services referenced herein or
on the Site are the exclusive trademarks or servicemarks of PlacementIntelligence.com.
Other product and company names mentioned in the Site may be the
trademarks of their respective owners.
2.
Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by PlacementIntelligence.com,
PlacementIntelligence.comdoes not operate, control or endorse any
information, products or services on the Internet in any way. Except
for PlacementIntelligence.com- identified information, products
or services, all information, products and services offered through
the Site or on the Internet generally are offered by third parties,
that are not affiliated with PlacementIntelligence.com a. You also
understand that PlacementIntelligence.com cannot and does not guarantee
or warrant that files available for downloading through the Site
will be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. PlacementIntelligence.com PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS
OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY,
AND PlacementIntelligence.com SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. PlacementIntelligence.com DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
PlacementIntelligence.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL PlacementIntelligence.com BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF PlacementIntelligence.com
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
PlacementIntelligence.com LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
PlacementIntelligence.com makes no representations whatsoever about
any other web site which you may access through this one or which
may link to this Site. When you access a non-PlacementIntelligence.com
web site, please understand that it is independent from PlacementIntelligence.com,
and that PlacementIntelligence.com has no control over the content
on that web site. In addition, a link to a PlacementIntelligence.com
web site does not mean that PlacementIntelligence.com endorses or
accepts any responsibility for the content, or the use, of such
web site.
3.
Indemnification.
You agree to indemnify, defend and hold harmless PlacementIntelligence.com,
its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service from and
against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person
accessing the Service.
4.
Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of PlacementIntelligence.com and its officers,
directors, employees, agents, licensors, suppliers, and any third
party information providers to the Service. Each of these individuals
or entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
5.Term;
Termination.
This Agreement may be terminated by either party without notice
at any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification),
4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to agreements
made and to be performed in The United States of America. You agree
that any legal action or proceeding between PlacementIntelligence.com
and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in The United States
of America . Any cause of action or claim you may have with respect
to the Service must be commenced within one (1) year after the claim
or cause of action arises or such claim or cause of action is barred.
PlacementIntelligence.com's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision
of this Agreement. PlacementIntelligence.com may assign its rights
and duties under this Agreement to any party at any time without
notice to you.
Any
rights not expressly granted herein are reserved.
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