Terms of Use
IMPORTANT-READ CAREFULLY:
The TERMS OF USE ("TOU") is a legal agreement between you (either as an individual or any other legal entity) ("You" or "Your") and InfoCurators, LLC
("InfoCurators"). Your access to, and use of InfoCurators websites ("Website") is subject to, and governed by, these TOU. Be sure to carefully read and understand all of the rights and
restrictions delineated in these TOU. For Your reference, You may print the TOU by using the "Print" option on Your browser. By accessing the Website, you confirm your agreement to
and acceptance of these terms. InfoCurators reserves the right to update the TOU at any time without notice to You. You may view the current applicable version of the TOU at any
time by clicking on the "Terms of Use" link at the bottom of each Website page.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CERTAIN INFOCURATORS WEBSITES INCLUDING, BUT NOT LIMITED TO PASSWORD PROTECTED SITES, CONTAIN TERMS OF USE IN ADDITION TO,
OR DIFFERENT FROM THE TOU AND THE TERMS OF USE POSTED ON SUCH WEBSITES SHALL APPLY.
1. Copyright. InfoCurators, its suppliers
or the original creator of the material own all copyrights to material on the
Website and all other intellectual property rights related to the Website. To
the extent that InfoCurators has the right to do so without compensation to
third parties, and except for material specifically provided under other terms,
InfoCurators grants You permission to copy materials on the Website solely for
Your non-commercial use in support of InfoCurators products and services. You
agree that any copies of material shall retain all copyright and other proprietary
notices in the same form and manner as the original. You may not, without InfoCurators's
permission, "mirror" any material contained on the Website or any other server.
Except as specified above, nothing contained herein shall be construed as conferring
by implication, estoppel or otherwise any license or right under any trademark,
patent, copyright, mask work protection right or any other intellectual property
right of InfoCurators or any third party.
2. Trademarks. InfoCurators and the InfoCurators logo are
trademarks or service marks, registered or not, of InfoCurators. Nothing in
the Website may be interpreted so as to grant to You, directly or indirectly,
the use of a trademark or service mark reproduced on the Website, whether belonging
to InfoCurators or third party suppliers, without the written permission of
InfoCurators.
4. Information Provided to InfoCurators.
4.1. InfoCurators does not want You to, and You should not, send any confidential or proprietary information to InfoCurators via the Website. Any submission by
You to InfoCurators, including but not limited to questions, comments, suggestions or the like shall be deemed to be non-confidential and shall become the property of InfoCurators.
Furthermore, by Your submission You grant InfoCurators an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information.
InfoCurators shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing,
manufacturing, and marketing products incorporating such information.
5. Links. THE LINKS ON THE WEBSITE WILL LET YOU LEAVE InfoCurators'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF InfoCurators AND InfoCurators
IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED
IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. InfoCurators IS NOT
RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY
LINKED SITE. InfoCurators IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE,
AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY InfoCurators OF
THE SITE.
6. Limitation of Liability. InfoCurators, ITS RELATED COMPANIES,
DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS MAY NOT, UNDER ANY CIRCUMSTANCES
BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF (OR THE INABILITY TO USE)
THE WEBSITE OR ANY MATERIAL ON THE WEBSITE. THIS INCLUDES, BUT IS NOT LIMITED
TO, THE LOSS OF DATA OR LOSS OF PROFIT, EVEN IF InfoCurators WAS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IF ALL OR PART OF THIS LIABILITY IS FOUND UNENFORCEABLE
FOR ANY REASON, THEN InfoCurators'S MAXIMUM AGGREGATE LIABILITY UNDER SUCH CIRCUMSTANCES
FOR LIABILITY THAT WOULD OTHERWISE HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED
DOLLARS ($100).
7. Assignment. The TOU may not be assigned or transferred
by You without the prior written consent of InfoCurators. InfoCurators may assign
the TOU to any affiliate or third party in part or in whole.
8. Disputes.
8.1. Any controversy or claim arising out of or in connection
with the TOU, its enforcement or interpretation ("Dispute"), will be finally
resolved solely in accordance with the terms of this Section 8.
8.2. If a Dispute arises, the parties will endeavor to resolve
the Dispute through good faith negotiation within forty-five (45) days of notification
of the Dispute. If the Dispute cannot be settled through good faith negotiation,
InfoCurators and You will submit the Dispute to non-binding mediation conducted
by the American Arbitration Association ("AAA") or any other mutually acceptable
alternate dispute resolution organization. Each party shall bear its own expenses
but those related to the compensation of the mediator shall be borne equally.
The parties, their representatives, other participants and the mediator (and
arbitrator, if any) shall hold the existence, content and result of mediation
in confidence. If the Dispute is not resolved through mediation, claims may
be brought in a state or federal court of competent jurisdiction or resolved
through binding arbitration. Notwithstanding the foregoing, InfoCurators shall
be entitled to take immediate legal action where required to protect its confidential
or proprietary information, or to obtain any interim injunction.
8.3. Actions on Disputes between the parties with respect
to the TOU must be brought in accordance with this Section 8within two years
after the cause of action arises.
9. Governing Law. The validity, construction and performance
of this Agreement will be governed by the substantive laws of the State of New
Jersey, without giving effect to any provisions that would result in this Agreement
being governed by the law of any jurisdiction other than that of the State of
New Jersey. The parties specifically disclaim the UN Convention on Contracts
for the International Sale of Goods. Subject to Section 8, the parties hereby
consent to the exclusive jurisdiction of, and venue in, any federal or state
court of competent jurisdiction located in the Borough of Manhattan, New York
City for the purposes of adjudicating any matter arising from or in connection
with this Agreement. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS
TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF,
DIRECTLY OR INDIRECTLY, THIS AGREEMENT AND/OR THE USE OF THE WEBSITE.
10. Access to Password Protected/Secure Areas. Access to and
use of password protected and/or secure areas of the Website is restricted to
authorized users only. Unauthorized individuals attempting to access these areas
of the Website may be subject to prosecution.
11. Data Privacy.
11.1. You and InfoCurators agree that they shall comply in
all respects with all applicable data protection laws and regulations (or any
legislation or regulations amending or replacing the same) (together, the "Data
Protection Laws").
11.2. You shall in connection with these TOU (i) not do or
permit anything to be done through an act or omission which might jeopardise
or contravene InfoCurators's liability under Data Protection Laws; and (ii)
enter into such agreements as InfoCurators shall reasonably require in relation
to the cross border migration of personal data.
11.3. You shall indemnify and keep InfoCurators fully indemnified
against any and all liability, loss, damage, costs (including legal costs) and
expenses which InfoCurators, or any InfoCurators affiliate may incur or suffer
whether direct or consequential (including without limitation any economic loss
or other loss of profits, business or goodwill) as a result of any breach of
Section 11.2.
11.4. WHEN YOU SUBMIT PERSONAL DATA TO InfoCurators ON THE
WEBSITE OR WHEN REGISTERING FOR THE WEBSITE, InfoCurators MAY TRANSFER AND/OR
RETAIN THE PERSONAL DATA YOU SUBMITTED TO A COUNTRY OUTSIDE THE COUNTRY IN WHICH
YOU ARE LOCATED OR FROM WHERE SUCH PERSONAL DATA WAS COLLECTED, WHICH MAY NOT
HAVE THE SAME OR EQUIVALENT DATA PRIVACY PROTECTIONS. IF YOU DO NOT APPROVE
OF SUCH TRANSFER AND/OR RETENTION, DO NOT SUBMIT PERSONAL DATA TO InfoCurators.
11.5. BY AGREEING TO THESE TOU, YOU ARE AGREEING THAT InfoCurators
MAY SHARE YOUR PERSONAL DATA AND OTHER INFORMATION (WITH THE EXCEPTION OF ACCOUNT,
CREDIT CARD AND ORDERING INFORMATION) WITH THIRD PARTIES IN CASES WHERE InfoCurators
BELIEVES YOUR BUSINESS INTERESTS WILL BE SERVED. IF YOU DO NOT APPROVE OF InfoCurators
SHARING YOUR PERSONAL DATA AND OTHER INFORMATION IN SUCH A FASHION, DO NOT AGREE
TO THESE TOU.
11.6 Please click on the "Privacy Statement" link at the bottom
of each Website page for disclosures relating to the collection and use of Your
personal information.
12. Disclaimers.
12.1 WHILE InfoCurators ATTEMPTS TO PROVIDE ACCURATE INFORMATION
ON THE WEBSITE, IT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION.
InfoCurators MAY CHANGE THE INFORMATION ON THE WEBSITE, OR THE PRODUCTS MENTIONED,
AT ANY TIME WITHOUT NOTICE. MATERIAL, INCLUDING SOFTWARE, ON THE WEBSITE AND
THE WEBSITE ITSELF IS PROVIDED "AS IS" AND InfoCurators DOES NOT PROVIDE ANY
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. InfoCurators SPECIFICALLY DISCLAIMS
ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT
TO THE WEBSITE OR ANY CONTENT OR MATERIAL ON THE WEBSITE.
12.2 InfoCurators MAKES NO WARRANTY THAT (i) THE WEBSITE WILL
MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
12.3 ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR SOFTWARE.
12.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM InfoCurators OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOU.
This constitutes the entire agreement between the parties with respect to the Website and its use and, except with respect to InfoCurators Websites containing
additional or different terms of use, supersedes all prior agreements, proposals, communications between the parties and understandings, whether written or oral.
