PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THE WEB SITE. By using this Web site, you signify your
assent to these terms of use. If you do not agree to these terms of use,
please do not use the site. We reserve the right, at our discretion, to
change, modify, add, or remove portions of these terms at any time. Please
check these terms periodically for changes. Your continued use of the Web
site following the posting of changes to these terms will mean you accept
those changes.
RESTRICTIONS ON USE OF MATERIALS. Unless otherwise
noted, all materials, including, but not limited to, news articles,
images, illustrations, designs, icons, photographs, video clips and audio
clips that are part of the Web site (collectively, the "Content") are
protected by copyright and owned, controlled or licensed by Incisive Media or the party credited as the provider of the
Content. You shall abide by all additional copyright notices, information
or restrictions contained in any Content accessed through the Web
site.
No Content from the Web site may be copied, reproduced, framed,
hyperlinked, republished, downloaded, uploaded, posted, transmitted, or
distributed in any way; provided, however, you may download, where
specifically permitted, one copy of the Content on any single computer for
your personal, non-commercial use only, provided you keep intact all
copyright and other proprietary notices. Copying or storing of any Content
for other than personal use is expressly prohibited without prior
permission from reprints@incisivemedia.com, or the copyright
holder identified in the copyright notice contained in the Content.
If you wish to build a hyperlink to the Web site, you may do so
provided you agree to cease such link upon request from Incisive Media. No other use
is permitted without prior written permission of Incisive Media.
Use of any robot, spider, other automatic device, or manual process to
monitor or copy our Web pages or the Content is strictly forbidden.
Modification of the Content or use of the Content for any other purpose
is a violation of Incisive Media’s copyright and other proprietary rights. For
purposes of these terms, the use of any Content on any other web site or
networked computer environment is prohibited. All trademarks, service
marks and trade names are proprietary to Incisive Media.
USAGE BY CHILDREN UNDER 13. The Web site is directed
to adults and is not directed to children under the age of 13. Incisive Media cannot
prohibit minors from visiting the Web site. Incisive Media must rely on parents,
guardians and those responsible for supervising children under 13 to
decide which materials are appropriate for such children to view and/or
purchase. Incisive Media complies with the Children's Online Privacy Protection Act
and does not permit registration by and will not knowingly collect
personally identifiable information from anyone under 13. This requirement
will be posted wherever Incisive Media collects data within the Web site, such as
during the registration process.
MEMBER ACCOUNT. If you register as a user of this Web
site, you will be assigned a username and password that is unique to you.
You are responsible for maintaining the confidentiality of the username
and password, and responsible for all activities that occur under your
username and password. You agree to notify Incisive Media of any unauthorized use of
your username and password or any other breach of security at customer_service@corp.law.com.
FEES AND PAYMENTS. Incisive Media reserves the right at any time
to charge fees for access to portions of the Web site or the Web site as a
whole. However, in no event will you be charged for access to the Web site
unless we obtain your prior agreement to pay such charges. You shall pay
all fees and charges incurred through your account at the rates in effect
for the billing period in which such fees and charges are incurred. You
shall pay all applicable taxes relating to use of the Web site through
your account.
E-MAIL AND PUBLIC COMMUNICATION. "Forum" means
letters, e-mails or other types of communications to the editors,
Webmaster(s) or employees of Incisive Media, and messages posted in connection with
online seminar discussions on the Web site. You shall not upload to,
distribute through, or otherwise publish through a Forum on the Web site
any content which is libelous, defamatory, obscene, pornographic,
threatening, invasive of privacy or publicity rights, abusive, illegal, or
otherwise objectionable that would constitute or encourage a criminal
offense, violate the rights of any party, or that would otherwise give
rise to liability or violate any law.
The Forums shall be used only in a noncommercial manner. You shall not,
without our express approval, distribute or otherwise publish any material
containing any solicitation of funds, promotion, advertising, or
solicitation for goods or services. You specifically acknowledge that
soliciting other guests of the Web site to join or become members of any
commercial online or offline service or other organization is expressly
prohibited.
Subject to the terms of the Incisive Media privacy policy, in general, we will not
monitor or edit the contents of Forum materials unless required in the
course of normal maintenance of the Web site and its systems or unless
required to do so by law or in the good-faith belief that such action is
necessary to: (1) comply with the law or comply with legal process served
on Incisive Media; (2) protect and defend the legitimate business interests, rights
or property of Incisive Media, its users, advertisers, customers, sponsors,
advertisers or affiliates; or (3) act in an emergency to protect the
personal safety of our guests or the public. Users shall remain solely
responsible for the content of their communications. Incisive Media has the right but
not the obligation to monitor and edit or remove any Forum communications
and content.
By uploading materials to any Forum or submitting any materials to us,
you automatically grant (or warrant that the owner of such rights has
expressly granted) us a perpetual, royalty-free, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from and distribute such materials or
incorporate such materials into any form, medium, or technology now known
or later developed throughout the universe. In addition, you warrant that
all so-called "moral rights" in those materials have been waived.
PRIVACY. Registration data and certain other
demographic information about you are subject to Incisive Media's privacy policy. For
more information, see our privacy policy at http://law.com/service/privacy_policy.shtml,
which is incorporated in full herein by reference.
INDEMNIFICATION. You agree to indemnify, defend and
hold Incisive Media harmless from any liability, loss, claim and expense, including
reasonable attorneys fees, related to your violation or alleged violation
of this Agreement or use of the Web site.
NON-TRANSFERABILITY. Your right to use this Web site
is not transferable. Any password or right given to you to obtain
information is not transferable.
JURISDICTION. Unless otherwise specified, the Content
on the Web site is presented solely for the purpose of promoting
publications and other products available in the United States, its
territories, possessions, and protectorates. The Web site is controlled
and operated by Incisive Media from its offices within the States of California, New
York, Texas, Florida, Delaware, New Jersey and Connecticut and the
Commonwealths of Massachusetts and Pennsylvania and the District of
Columbia. Incisive Media makes no representation that Content on the Web site is
appropriate or available for use in other locations. Those who choose to
access the Web site from other locations do so on their own initiative and
are responsible for establishing the useability or correctness of any
information or Content under any or all jurisdictions and the compliance
of that information or Content with local laws, if and to the extent local
laws are applicable.
All users, including those users who access the Web site from a country
other than the U.S., agree that the laws of the State of New York shall
govern any dispute, including those arising from Incisive Media's use of personal
information or otherwise relating to privacy, as specified in the Your Privacy.
TERMINATION. These terms are effective until
terminated by either party. You may terminate these terms at any time by
destroying all Content obtained from any and all Web site(s) and all
related documentation and all copies and installations thereof, whether
made under these terms or otherwise. The privileges granted to you by
these terms, including the maintenance of a member account, will terminate
immediately without notice from Incisive Media if, in Incisive Media's sole discretion, you fail
to comply with any provision of these terms. Upon termination, you must
destroy all Content obtained from the Web site and all copies thereof,
whether made under these terms or otherwise. Incisive Media may take such further
action as Incisive Media determines to be appropriate under the circumstances to
eliminate or preclude repeat violations, and Incisive Media shall not be liable for
any damages of any nature suffered by any customer, user, or any third
party resulting in whole or in part from Incisive Media's exercise of its rights
under these terms and conditions.
DISCLAIMER. THE CONTENT IN THE WEB SITE IS PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCISIVE MEDIA DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INCISIVE MEDIA
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
WEB SITE OR THE SERVER(S) THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. INCISIVE MEDIA DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT
ON THE WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. YOU (AND NOT INCISIVE MEDIA) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL INCISIVE MEDIA BE LIABLE FOR ANY
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THE CONTENT ON THE WEB SITE, EVEN IF INCISIVE MEDIA OR AN INCISIVE MEDIA
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL INCISIVE MEDIA'S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.
NOT LEGAL ADVICE. The Content contained on the Web
site has been prepared by Incisive Media as a service to its readers and the Internet
community and is not intended to constitute legal advice. Incisive Media has used
reasonable efforts in collecting, preparing and providing quality
information and material, but does not warrant or guarantee the accuracy,
completeness, adequacy or currency of the information contained on or
linked to the Web site. Users of information from the Web site or links do
so at their own risk.
OTHER PRODUCTS. Any reference made by the Web site to
any specific commercial product, process, or service (or provider of such
product, process or service) by trade name, trademark, hyperlink, or
otherwise, does not constitute or imply an endorsement, recommendation, or
favoring by Incisive Media. Content on the Web site may be provided by third parties
and users. Any opinions, advice, statements, services, offers or other
information expressed or made available by third parties, including
information providers, users or others, are those of the respective
author(s) or distributor(s) and do not necessarily state or reflect those
of Incisive Media.
LINKS TO OTHER WEB SITES AND SERVICES. To the extent
that the Web site contains links to outside services and resources, Incisive Media
does not control the availability and content of those outside services
and resources. Any concerns regarding any such service or resource, or any
link thereto, should be directed to the particular service or
resource.
OTHER. These terms shall be governed by and construed
in accordance with the laws of the State of New York. You agree that any
action at law or in equity arising out of or relating to these terms shall
be filed only in the state or federal courts located in New York County
and you hereby consent and submit to the personal jurisdiction of such
courts for the purposes of litigating any such action. If any provision of
these terms shall be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from these terms and shall not
affect the validity and enforceability of any remaining provisions. You
agree that regardless of any law or statute to the contrary, any claim or
cause of action arising out of or relating to the Web site and these Terms
of Service must be filed within one (1) year of the date the cause of
action arose, or be barred as untimely. This is the entire agreement
between us relating to the subject matter herein and shall not be modified
except as provided herein or in writing, signed by Incisive Media. To the extent that
anything in or associated with the Web site is in conflict or inconsistent
with this Agreement, this Agreement shall take precedence. Incisive Media’s failure
to enforce any provision of this Agreement shall not be deemed a waiver of
such provision nor of the right to enforce such provision.
LAST UPDATED: December 31, 2002
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