1. ACCEPTANCE OF TERMS
This page states the terms of service (the "Terms") under which the Measurement Incorporated® (MI) Web Site (“Web Site”), and those of its properties, are available for use. Please read this page carefully. By accessing and using the Web Site you accept and agree to be bound, without limitation or qualification, by these Terms and any other terms and conditions that may apply. MI may, at its sole discretion, modify or revise these Terms at any time by updating this posting. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms. By using the Web Site after we have made any modification or revision, you agree to be bound by the revised terms. If you do not accept any of the Terms, do not use the Web Site. MI retains the right to deny access to anyone at its complete discretion for any reason, including but not limited to violation of these Terms.
2. DESCRIPTION OF SERVICE
The Web Site provides users with access to a rich collection of resources through its network of properties, which may be accessed through any various medium or device now known or hereafter developed (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MI properties, shall be subject to these Terms. You understand and agree that the Service and the Web Site is provided "AS-IS" and that MI assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Web Site and Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Web Site and Service.
3. REPRESENTATIONS AND WARRANTIES
You make certain representations and warranties regarding your use of the Web Site. You represent and warrant that (i) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms; (ii) you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms; and (iii) you will not delete any content on the Web Site.
4. MI’S LIABILITY
MI makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Service or about the results to be obtained from using the Web Site or the Service. You expressly agree that any use of the Web Site and the Service is entirely at your own risk. MI reserves the right to make periodic changes to the Web Site and/or the Service, and these changes may be made at any time without notice. You expressly agree that MI is not liable or responsible for any defamatory, offensive, or illegal conduct of other subscribers or third parties.
MI does not warrant that the Web Site will operate error-free or that the Web Site or its server is free of computer viruses or other harmful goods. If your use of the Web Site or the Service results in a need to repair or replace equipment or data, MI is not responsible for those costs.
THE WEB SITE AND THE SERVICE ARE PROVIDED ON AN AS-IS BASIS WITHOUT WARRANTY EXPRESS OR IMPLIED. MI AND ITS SUPPLIERS AND AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MI AND ITS SUPPLIERS AND AFFILIATES MAKE NO WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, TEXT, GRAPHICS AND LINKS.
IN NO EVENT SHALL MI, ITS SUPPLIERS, OR ANY THIRD PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF MI, ITS SUPPLIERS, OR ANY THIRD PARTIES TO ANY USER OF THE WEB SITE WITH RESPECT TO THE WEB SITE IS $100.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
6. LINKS TO OTHER WEB SITES
The Web Site contains links to third party web sites maintained by others. These links are provided solely as a convenience to you and not as an endorsement by MI of the contents on such third-party web sites. MI is not responsible for the content of linked third-party sites and does not make any representations on the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
7. LIMITATION OF LIABILITY
Your use of the Web Site is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Web Site or with these Terms, your sole and exclusive remedy is to discontinue use of the Web Site.
Under no circumstances shall MI be liable to any user on account of that user's use of the Web Site. Such limitation of liability shall apply to prevent recovery of any and all damages, including, without limitation, direct, indirect, incidental, consequential, special, punitive and exemplary damages arising from any use of the Web Site, including any damages that may be incurred by third parties.
8. MEMBER ACCOUNT, PASSWORD AND SECURITY
When applicable, you will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. MI cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You must notify MI immediately of any actual or suspected loss, theft or unauthorized use of your password.
9. MEMBER CONDUCT
You will be held accountable in the case of any attacks on the Web Site, such as denial of service (mass hits), SQL injection, and any other attacks designed to disable the Web Site in any way. In the case of such attacks, MI shall immediately cancel your account and may proceed with legal action.
You agree to defend, indemnify, and hold harmless MI, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of the Web Site and/or Services; (ii) your breach of the terms of these Terms; (iii) your violation of any applicable law, statute, ordinance, regulation or of any third party's rights; or (iv) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in these Terms.
11. USER INFORMATION
12. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
13. INTELLECTUAL PROPERTY NOTICE
The Web Site is owned by MI. The Web Site is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by MI, its affiliates and/or third parties. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Web Site. You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Web Site except as explicitly permitted in these Terms. You may print copies of any accessible portion of the Web Site only for your own personal use. You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Web Site.
MI makes no claims that the Web Site or the Service are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Web Site and/or the Service may not be legal by certain persons or in certain countries. MI is not responsible for any damages, claims or injuries that may result from unlawful or inappropriate access to the Web Site or Service. If you access the Web Site or the Service from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of any appropriate jurisdiction.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Failure to enforce any provision of these Terms does not constitute a waiver for future enforcement of these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.