Last Revision: September 2011
This Agreement, which incorporates by reference other provisions applicable to use of i-factanalysis.com, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained on i-factanalysis.com, sets forth the terms and conditions that apply to use of i-factanalysis.com by User. By using i-factanalysis.com (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use of i-factanalysis.com is personal to the User and is not transferable to any other person or entity.
i-fact@nalysis shall have the right at any time to change or discontinue any aspect or feature of i-factanalysis.com, including, but not limited to, content, hours of availability, and equipment needed for access or use. IF YOU DO NOT FULLY AGREE WITH THESE TOU, DO NOT UTILIZE THIS WEB SITE.
i-fact@nalysis shall have the right at any time to change or modify the terms and conditions applicable to User’s use of i-factanalysis.com, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on i-factanalysis.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of i-factanalysis.com, by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
USE OF SITE
User shall use i-factanalysis.com for lawful purposes only. User shall not post or transmit through i-factanalysis.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without i-fact@nalysis, Inc.’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that restricts or inhibits any other User from using or enjoying i-factanalysis.com will not be permitted. User shall not use i-factanalysis.com to advertise or perform any commercial solicitation, link to any page or this web site, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with i-fact@nalysis, Inc.
INTELLECTUAL PROPERTY RIGHTS
i-factanalysis.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, digital downloads, photos, video, images, logos, graphics, and the entire contents of i-factanalysis.com are copyrighted as a collective work under trademark, service marks, copyright laws and intellectual property rights governed under United States and International laws. i-fact@nalysis owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, copy, reproduce, sell, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not frame or utilize framing techniques to enclose any portion of this web site or any Materials without express written consent of i-factanalysis, Inc. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of i-fact@nalysis and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
User shall not upload, post or otherwise make available on i-factanalysis.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, i-factanalysis.com. The foregoing provisions are for the benefit of i-fact@nalysis, Inc., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, announcements and other written materials) from the web site is granted, provided that (1) the below copyright notice appears in all copies, i-fact@nalysis, Inc. is identified as the author and that both the copyright notice and this permission notice appear, (2) use of such Documents from the web site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer, posted on another web site or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires the express written permission from i-fact@nalysis, Inc. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
I-FACT@NALYSIS, INC. AND ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. I-FACT@NALYSIS, INC. ITS AFFILIATED AND RELATED ENTITIES OR THIRD PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL I-FACT@NALYSIS, INC. ITS AFFILIATES AND RELATED ENTITIES OR THIRD PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE FOR A PARTICULAR PURPOSE.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
USER EXPRESSLY AGREES THAT USE OF I-FACTANALYSIS.COM IS AT USER’S SOLE RISK. NEITHER I-FACTANALYSIS, INC., ITS AFFILIATES OR RELATED ENTITIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT I-FACTANALYSIS.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF I-FACTANALYSIS.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH I-FACTANALYSIS.COM.
I-FACTANALYSIS.COM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE U.S. LAWS APPLICABLE TO THIS TOU AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT I-FACTANALYSIS.COM, I-FACT@NALYSIS, INC. ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, RELATED ENTITIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT WILL I-FACT@NALYSIS, INC. OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING I-FACTANALYSIS.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE I-FACTANALYSIS.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEB SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, I-FACT@NALYSIS, INC., NOR ITS AFFILIATES, RELATED ENTITIES OR THIRD PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN I-FACTANALYSIS.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
User agrees to defend, indemnify and hold harmless i-fact@nalysis, Inc., its affiliates and their respective directors, officers, employees, third parties, affiliated or related entities, suppliers, licensors and agents from and against all claims, demands, actions, losses for damages of all kinds and expenses, including attorneys’ fees, arising out of the use of i-factanalysis.com, your breach of any provision, omissions, negligent acts by User.
i-fact@nalysis, Inc. may terminate this Agreement at any time. Without limiting the foregoing, i-fact@nalysis, Inc. shall have the right to immediately terminate User in the event of any conduct by User which i-fact@nalysis, Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
These TOU, together with any additional terms to which you agree when using i-fact@nalysis, Inc.’s web site, constitute the entire and exclusive statement of the agreement between you the User and i-fact@nalysis, Inc. with respect to the subject matter hereof, superseding any prior agreements or negotiations between you, the User and i-fact@nalysis, Inc. with respect to such subject matter. These TOU and the relationship between you, the User and i-fact@nalysis, Inc. shall be governed by the laws of Delaware as applied to agreements made, notwithstanding your actual place of residence. All lawsuits arising from or relating to these TOU or your use of the i-fact@nalysis, Inc.’s web sites shall be brought in the Federal or State courts located in Delaware, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of i-fact@nalysis, Inc. to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be invalid, you the User nevertheless agree that the court should endeavor to give effect to the intentions of i-fact@nalysis, Inc. and you as reflected in the provision, and that the other provisions of these TOU remain in full force and effect. The section titles in these TOU are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your or the User of the i-fact@nalysis, Inc. web site. These TOU will be interpreted without application of any strict construction in favor of or against you, the User or i-fact@nalysis, Inc. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, the User, but may be assigned by i-fact@nalysis, Inc. without restriction.