This agreement relates to use of the following Internet Product Development Group, Inc. (hereinafter referred to as "IPD GROUP") media monitoring services (hereinafter referred to as Sites; word used in the plural form hereinafter shall be deemed to imply the singular where applicable):
Your use of the Site indicates your agreement to these terms and conditions. If you do not agree with these terms and conditions do not use our services.
IPD GROUP grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials provided hereon, provided that you comply fully with this Agreement. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
IPD GROUP offers services available through the purchase of subscriptions (hereinafter referred to as "Subscription Services"), services to be used solely by educators and students (hereinafter referred to as "Educational Services"), and services to related to news syndication (hereinafter referred to as "News Feed Services").
This online news aggregation service has been developed by IPD GROUP. The Links will take users to external websites that are not affiliated with the Site. Fees associated with this service relate to the aggregation service itself and ARE NOT related to reading the individual articles. External sites might require their own registration.
Results in our indices are indexed by IPD GROUP's automated systems. Links and pointers to other sites do not constitute an endorsement by IPD GROUP or its Affiliates of any third-party site or any materials contained therein. IPD GROUP and its Affiliates do not control, and are not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
You hereby agree to indemnify, defend and hold harmless IPD GROUP and its Affiliates from and against any and all liability and costs incurred by IPD GROUP or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. IPD GROUP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of IPD GROUP.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. IPD GROUP reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. You acknowledge and agree that IPD GROUP is not responsible for any materials posted by users of the Site. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing and other information. Neither IPD GROUP nor its Affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on the Site.
EXCEPT AS EXPRESSLY SET FORTH HERIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SUBSCRIPTION SERVICES, NEWS FEED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTIIPD GROUPLAR PURPOSE, TITLE, COMPATABILITY, SEIPD GROUPRITY, ACIPD GROUPRACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IPD GROUP AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY IPD GROUP. IPD GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,THAT THE SITE OR SUBSCRIPTION SERVICES WILL MEET ANY PARTICULAR GROUPLAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY.
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL IPD GROUP OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR IPD GROUP OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, SUBSCRIPTION SERVICES OR NEWS FEED SERVICES, EVEN IF IPD GROUP, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF IPD GROUP AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SUBSCRIPTION SERVICES. YOU HEREBY RELEASE IPD GROUP AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In addition to any other rights of the parties set forth, IPD GROUP may cancel or terminate this Agreement. IPD GROUP also reserves the right to restrict, suspend or terminate your access to the Subscription Services in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If IPD GROUP terminates this Agreement based on a breach of any portion of this Agreement, IPD GROUP reserves the right to refuse to provide a subscription or any Subscription Services to you in the future.
IPD GROUP has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of IPD GROUP in providing the Site, including without limitation:
is to cancel your subscription in accordance with the subscription help instructions.
IPD GROUP has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Subscription Services. IPD GROUP may also impose limits on certain features and services or restrict your access to parts or all of the IPD GROUP Site without notice or liability.
If you are a publisher and you do not want your publications indexed or linked to by IPD GROUP, Inc. please notify us and such links may be removed on a case by case basis.
IPD GROUP reserves the right to send its customers, members, and users promotional emails or offers. You may opt-out of receiving such emails or offers at any time by clicking the unsubscribe link in the email you received.
This Agreement constitutes the entire agreement between you and IPD GROUP with respect to the Site and, if applicable, the Subscription Services and supersedes all prior agreements between you and IPD GROUP. Failure by IPD GROUP to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of Maryland, USA (excluding its choice of law rules). You consent irrevocably to personal jurisdiction in the federal and state courts of Maryland, USA for any action arising out of or relating to your use of the Site, Subscription Services or News Feed Services. The federal and state courts of Maryland shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
Use of any IPD GROUP Service indicates your agreement to the terms and conditions set forth above. Copyright © 2002-2010 Internet Product Development Group, Inc. (USA)