|
TERMS AND CONDITIONS
THIS AGREEMENT
WAS LAST UPDATED ON APRIL
11, 2007.
PLEASE SCROLL DOWN AND READ
THE MEMBER AGREEMENT
BELOW.
This Member Agreement
governs your individual
use of The Patricia Seybold
Group $995
Personal Research Service
("the Service").
- Limitations on
Use and Distribution.
- Only the Member may
access the Service.
- The
content available
through the Service is our property or the property
of Patricia Seybold
Group and is protected by copyright and other
intellectual property
laws. You may display
or print the content
available through
the Service for your personal, non-commercial use only.
You agree not
to sell, publish, distribute,
retransmit or otherwise
provide
access to the content
received through the
Service to anyone,
including your fellow employees,
with the following
two exceptions:
- You may distribute a
copy of an article,
or a portion of an article, from the
Service in non-electronic
form to up to ten
(10) individuals
without charge,
once or twice a
year, provided
you include all copyright and other proprietary rights
notices in the
same form in
which the notices appear in the Service,
original source
attribution, and
the phrase "Used with
permission from
The Patricia Seybold
Group." For
larger or more frequent
distributions, please
contact PSGroup
Customer Service.
- You
may occasionally
use our "E-mail
a Friend" service to e-mail an article from a Service to a
few individuals, without
charge. You are not
permitted to use this
service for the purpose
of regularly providing
other users with access
to content from the
Service.
- You agree not to create abstracts from, scrape
or display headlines
from our content for
use on another Web
site or service. You agree not to post any
content from the Service
to newsgroups, blogs, mail lists or electronic bulletin
boards, without our written
consent. To request
consent for this and
other matters, please contact Patricia Seybold
Group Customer Service.
- You agree
not to use the Service
for any unlawful purpose.
We reserve the right
to terminate or restrict your access
to the Service if,
in our opinion, your use of the Service may violate any laws,
infringe upon another
person's rights or
violate the terms of
this Agreement. Also,
we may refuse
to grant you a user name
that impersonates someone
else, is protected
by trademark or other
proprietary right law, or is vulgar or otherwise offensive.
- Changes to Member
Agreement. We may change
the terms of this Agreement
at any time by notifying
you of the change
in writing or electronically.
The changes also will
appear in this document, which you can access
at any time by going
to the "My Stuff" section.
You signify that you
agree to be bound
by such changes by
using the Service
after changes are made to this Agreement.
- Privacy. Registration
data and other information
about you are subject
to our Privacy Policy.
- Fees and Payments. You
can always find
the current membership fee for the Service in our
Membership section. You
agree to pay the membership
fees and any other
charges incurred in connection with your user name and
password for the Service
at the rates in effect
when the charges
were incurred. Membership fees will be billed at the beginning
of your membership or any
renewal. We may change
the fees and charges
then in effect, or add
new fees or charges, by
giving you notice in advance.
If you are authorized to
access the Service
through arrangements between your employer and us, some or
all of
these "Fees and
Payments" terms may not apply
to you. Please contact
your employer for details.
- DISCLAIMERS OF WARRANTIES AND
LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS
TO, AND USE OF, THE SERVICE
AND THE CONTENT AVAILABLE
THROUGH THE SERVICE IS
ON AN "AS-IS", "AS AVAILABLE" BASIS
AND WE SPECIFICALLY DISCLAIM
ANY REPRESENTATIONS OR
WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR
PURPOSE. PATRICIA SEYBOLD
GROUP AND ITS DIRECTORS,
OFFICERS AND EMPLOYEES WILL NOT
BE LIABLE (JOINTLY OR
SEVERALLY) TO YOU OR ANY
OTHER PERSON AS A RESULT
OF YOUR ACCESS OR USE OF THE SERVICE FOR INDIRECT,
CONSEQUENTIAL, SPECIAL,
INCIDENTAL, PUNITIVE, OR
EXEMPLARY DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST
REVENUES (COLLECTIVELY,
THE "EXCLUDED
DAMAGES"),
WHETHER OR NOT CHARACTERIZED
IN NEGLIGENCE, TORT, CONTRACT,
OR OTHER THEORY OF LIABILITY,
EVEN IF ANY OF THE PATRICIA
SEYBOLD GROUP PARTIES
HAVE BEEN ADVISED OF
THE POSSIBILITY OF OR
COULD HAVE FORESEEN ANY
OF THE EXCLUDED DAMAGES,
AND IRRESPECTIVE OF ANY FAILURE OF AN
ESSENTIAL PURPOSE OF
A LIMITED REMEDY. IF
ANY APPLICABLE AUTHORITY
HOLDS ANY PORTION OF THIS
SECTION TO BE UNENFORCEABLE,
THEN THE PATRICIA SEYBOLD
GROUP PARTIES' LIABILITY
WILL BE LIMITED TO THE FULLEST
POSSIBLE EXTENT PERMITTED
BY APPLICABLE LAW.
- General. This Agreement contains the final and entire
agreement between us
regarding your use
of the Service and supersedes all previous and contemporaneous
oral
or written agreements regarding
your use of the Service.
We may discontinue or change
the Service or its availability
to you, at any time.
This Agreement is personal
to you, which means
that you may not assign
your rights or obligations
under this Agreement
to anyone. No third
party is a beneficiary
of this Agreement. You agree that this Agreement,
as well as any and all
claims arising from this
Agreement will be governed
by and construed in accordance
with the laws of the Commonwealth
of Massachusetts, United
States of America applicable
to contracts made entirely
within Massachusetts
and wholly performed in Massachusetts, without regard to any
conflict or choice of
law principles. The
sole jurisdiction and
venue for any litigation
arising out of this Agreement
will be an appropriate
federal or state court
located in Massachusetts.
This Agreement will not
be governed by the
United Nations Convention
on Contracts for the International Sale
of Goods.
|