PLEASE READ THIS USER AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.
1. OWNERSHIP. This site, and each of its modules, together with the
arrangement and compilation of the content found on this site, is the
copyrighted property of Idrysia LLC ("The Company") and/or its various
third party providers and distributors. Much of the content linked to
from this site is owned by third parties is copyrighted
work.
2. USE OF SITE. The Company grants you a limited, non-transferable
license to use this site in accordance with the terms and conditions
of this User Agreement. This site and the content provided in this
site, including the text, graphics, button icons, audio and video
clips, digital downloads, data compilations and software, may not be
copied, reproduced, republished, uploaded, posted, transmitted or
distributed without the written permission of The Company, and/or its
third party providers and distributors, except that you may download,
display and print the materials presented on this site for your
personal, non-commercial use only. You may not use any "robot,"
"spider" or other automatic device, or a program, algorithm or
methodology having similar processes or functionality, or any manual
process, to monitor or copy any of the Web pages, data or content
found on this site, in any case without the prior written permission
of The Company. You agree that you will not transmit or otherwise
transfer any Web pages, data or content found on this site to any
other computer, server, Web site, or other medium for mass
distribution or for use in any commercial enterprise. You agree that
you will not use any device, software or routine to interfere or
attempt to interfere with the proper working of this site. You agree
that you will not take any action that imposes a burden or load on our
infrastructure that The Company deems in its sole discretion to be
unreasonable or disproportionate to the benefits The Company obtains
from your use of the site. Unauthorized use of this site and/or the
materials contained on this site may violate applicable copyright,
trademark or other intellectual property laws or other laws. You must
retain all copyright and trademark notices, including any other
proprietary notices, contained in the materials, and you must not
alter, obscure or obliterate any of such notices. The use of such
materials on any other Web site or in any environment of networked
computers is prohibited. You are prohibited from posting or
transmitting any unlawful, threatening, libelous, defamatory, obscene,
indecent, inflammatory, pornographic or profane material or any
material that could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability, or
otherwise violate any law. In addition, you are prohibited from
posting or transmitting any information which (a) infringes the rights
of others or violates their privacy or publicity rights, (b) is
protected by copyright, trademark or other proprietary right, unless
with the express written permission of the owner of such right, (c)
contains a virus, bug or other harmful item, or (d) is used to
unlawfully collude against another person in restraint of trade or
competition. You shall be solely liable for any damages resulting from
any infringement of copyright, trademark, or other proprietary right,
or any other harm resulting from your use of this site.
3. AGE AND RESPONSIBILITY. You represent that you are
of sufficient legal age to use this site and to create binding legal
obligations for any liability you may incur as a result of the use of
this site.
4. PRIVACY. You have read the The Company Privacy Policy, the terms of
which are incorporated herein, and agree that the terms of such policy
are reasonable. You consent to the use of your personal information by
The Company and/or its third party providers and distributors in
accordance with the terms of and for the purposes set forth in the The
Company Privacy Policy.
5. REVIEW OF TRANSMISSIONS. The Company may, from time to time monitor
and review any information transmitted or received through this site
and reserves the right to censor, edit, remove or prohibit the
transmission or receipt of any information that The Company deems
inappropriate or in violation of these terms and conditions. During
monitoring, the information may be examined, recorded or copied, and
your use of this site constitutes your consent to such monitoring and
review. You agree that if you submit suggestions, ideas, comments or
questions or post any other information on this site, you grant The
Company and its affiliates a worldwide, non-exclusive, royalty-free,
perpetual, irrevocable, and fully sublicenseable right to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute and display such content in any form, media or
technology. The Company takes no responsibility and assumes no
liability for any content posted or submitted by you.
6. EXCLUSION OF WARRANTY.THE COMPANY AND ANY THIRD PARTY PROVIDERS
AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE
AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED
ON AN "AS IS" BASIS. THE COMPANY AND ANY THIRD PARTY PROVIDERS AND
DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR
RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH
PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE
OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF
TRADE. NEITHER THE COMPANY NOR ANY THIRD PARTY PROVIDERS OR
DISTRIBUTORS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT
FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO
STATE.
7. LIMITATION OF LIABILITY. THE COMPANY ASSUMES NO RESPONSIBILITY, AND
SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT
YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS
TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY
MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO
EVENT SHALL THE COMPANY OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS
BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL,
EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS),
WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH
ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE
OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY, OR (III) THE PERFORMANCE OR NON
PERFORMANCE BY THE COMPANY OR ANY THIRD PARTY PROVIDERS OR
DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING
FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR
LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing, The Company or any third party
provider or distributor should be found liable for any loss or damage
which arises out of or is in any way connected with any of the above
described functions or uses of this site or its content, the liability
of The Company and the third party providers and distributors shall in
no event exceed, in the aggregate, the greater of (a) the subscription
fee and service charge for accessing this site, or (b) US$100.00. In
its sole discretion, in addition to any other rights or remedies
available to The Company and without any liability whatsoever, The
Company at any time and without notice may terminate or restrict your
access to any component of this site. Some states do not allow
limitation of liability, so the foregoing limitation may not apply to
you.
8. INDEMNIFICATION. You shall defend and indemnify The Company and any
third party providers and distributors and their officers, directors,
employees and agents from and against any claim, cause of action or
demand, including without limitation reasonable legal and accounting
fees, brought by or on your behalf in excess of the liability
described herein or by third parties as a result of your use of this
site.
9. CLAIMS OF COPYRIGHT INFRINGEMENT. The Digital Millennium Copyright
Act of 1998 (as amended, the "DMCA") provides recourse for copyright
owners who believe that material appearing on the Internet infringes
their rights under U.S. copyright law. If you believe in good faith
that materials hosted by us infringe your copyright, you (or your
agent) may send us a notice requesting that the material be removed,
or access to it blocked. If you believe in good faith that we have
wrongly filed a notice of copyright infringement against you, the DMCA
permits you to send us a counter-notice. Notices and counter- notices
must meet the then-current statutory requirements imposed by the DMCA;
see 17 U.S.C 512 for details. Notices and counter-notices with respect
to the Site should be sent to
copyrights@internationalbusinesstools.com. We suggest that you
consult your legal advisor before filing a notice or
counter-notice. Also, be aware that there can be penalties for false
claims under the DMCA.
10. LINKS. This site contains links to other Web sites which are
provided solely as a convenience to you and not as an endorsement by
The Company, its third party providers or distributors of the contents
of such other Web sites. None of The Company or any third party
provider or distributor shall be responsible for the content of any
other Web sites and make no representation or warranty regarding any
other Web sites or the contents or materials on such Web sites. If you
decide to access other Web sites, you do so at your own risk.
11. RELATIONSHIP. The relationship between The Company and you will be
that of independent contractors, and neither of us nor any of our
respective officers, agents or employees will be held or construed to
be partners, joint ventures, fiduciaries, employees or agents of the
other.
12. GOVERNING LAW. This Agreement and its performance shall be
governed by the laws of the state of Massachusetts, United States of America,
without regard to its conflict of laws provisions. You consent and
submit to the exclusive jurisdiction of the state and federal courts
located in Norfolk county, the state of Massachusetts, United States of
America, in all questions and controversies arising out of your use of
this site and this Agreement. To the extent allowed by applicable law,
any claim or cause of action arising from or relating to your access
or use of this site must be brought within two (2) years from the date
on which such claim or action arose or accrued.
13. ATTORNEY'S FEES. If The Company or its affiliates take any action
to enforce this User Agreement and these terms and conditions, such
parties will be entitled to recover from you, and you agree to pay,
all reasonable and necessary attorney's fees and any cost of
litigation, in addition to any other relief, at law or in equity, to
which such parties may be entitled.
14. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted
violation of any of this User Agreement and these terms and conditions
will cause such damage to The Company as will be irreparable, the
exact amount of which would be difficult to ascertain and for which
there will be no adequate remedy at law. Accordingly, you agree that
The Company shall be entitled as a matter of right to an injunction
issued by any court of competent jurisdiction, restraining such
violation or attempted violation of these terms and conditions by You,
or Your affiliates, partners, or agents, as well as recover from You
any and all costs and expenses sustained or incurred by The Company in
obtaining such an injunction, including, without limitation,
reasonable attorney's fees. You agree that no bond or other security
shall be required in connection with such injunction.
15. TERMINATION. The Company may terminate this User Agreement and
these terms and conditions and/or the provision of any of the services
at any time for any reason, including any improper use of this site or
your failure to comply with these terms and conditions. Such
termination shall not effect any right to relief to which The Company
and its third party providers and distributors may be entitled, at law
or in equity. Upon termination of this User Agreement and these terms
and conditions, all rights granted to you will terminate and revert to
The Company and its third party providers or distributors, as
applicable.
16. ASSIGNMENT. You may not assign, convey, subcontract or delegate
your rights, duties or obligations hereunder.
17. MODIFICATION. The Company may at any time modify these terms and
conditions and your continued use of this site will be conditioned
upon the terms and conditions in force at the time of your
use.
18. ADDITIONAL TERMS. Additional terms and conditions may apply to
reservations, purchases of goods and services and other uses of
portions of this site, and you agree to abide by such other terms and
conditions.
19. SEVERABILITY. These terms and conditions shall be deemed
severable. In the event that any provision is determined to be
unenforceable or invalid, such provision shall nonetheless be enforced
to the fullest extent permitted by applicable law, and such
determination shall not affect the validity and enforceability of any
other remaining provisions.
20. HEADINGS. The headings used in this User Agreement are included
for convenience only and will not limit or otherwise affect the terms
and conditions herein.
21. ENTIRE AGREEMENT. This User Agreement, together with any terms and
conditions incorporated herein or referred to herein constitute the
entire agreement between us relating to the subject matter hereof, and
supersedes any prior understandings or agreements (whether oral or
written) regarding the subject matter, and may not be amended or
modified except in writing or by making such amendments or
modifications available on this site.