Validity of Terms of Use
Agreement to Terms of Use
Please read this Terms of Use in its entirety before using this web site. Your access or use of this website constitutes your agreement to be bound by these Terms of Use, including any changes that exist when you re-access our site. If you do not agree with the Terms of Use, do not use this site. If you do not understand any provision of the Terms of Use, we encourage you to contact us. If you discontinue use of the site, it shall not modify any terms that apply to you prior access or usage on the site.
If you are a customer of our InsightBusiness Services, you are also subject to additional service agreement(s) and acceptable use policies ("AUPs").
Agreement to Changes or Updates
We may, in our sole discretion, modify or update this Terms of Use at any time without notice. Any changes will be incorporated into a revised Terms of Usage that we will post on this website. Unless otherwise specified, such changes shall be effective when they are posted. Your continued use of the site following such changes shall constitute your agreement to the revised Terms of Use
Right to Deny Access
We retain the right to deny access to our website, in our sole discretion, to any visitor for any reason, including for any violation of the Terms of Use and/or our AUPs.
Violation of these Terms
If you violate these Terms of Use, our AUPs or any applicable service agreements, we may terminate your site participation, applicable service plan and/or pursue any legal damages or remedies. We may also cooperate with local, state and/or federal authorities to protect our website, services, property, Content and/or visitors; to comply with applicable laws; or to prevent unauthorized or unlawful access or use of this website or site Content.
Ownership
This website provides visitors with general InsightBusiness Service information. Website materials, logos, images, text, names, photographs, sound illustrations, marks, tools, features, graphics or other design elements obtained from this site (collectively referred to as "Content") are owned and/or made available, sponsored or promoted by InsightBusiness ("InsightBusiness," "We," "Us," or "Our"), entities under common ownership or control with InsightBusiness ("Insight Entities"), our partners, vendors and/or sponsors.
Website Interaction
To interact with us through this website, we may request that you submit certain personally identifiable information about yourself, including your name and personal contact information ("personal information"). Personal information collected from visitors by this website will be governed by our Website Privacy Policy, which is incorporated in this Terms of Usage Agreement by reference.
Visitor Transmissions
Visitors are responsible for providing accurate information to us. Visitors sending email or electronic communications to us shall not mask their identity by using a false name or another person's name or account. Email addresses or other personal information transmitted electronically to us will be protected in accordance with our Website Privacy Policy. We assume no obligation to protect any non-personal information transmitted to us from further use or disclosure. The submission of non-personal information to us shall in no way prevent the purchase, manufacture, use or dissemination of similar ideas, plans, services, products or the like by InsightBusiness or Insight Entities, and we are free to reproduce, use, disclose and distribute such information to others without liability or restriction.
We may pursue any legal remedies or damages, including canceling service subscriptions, if at any time we discover that you have provided false information to us or to our website contract providers, sponsors or to other Insight Entities. You represent and warrant that you own, have the right to provide, and are responsible for any content, material or information that you email, upload, transmit or otherwise make available for access. You agree not to use this website to engage in any activity that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights;
- contains unauthorized advertising, solicits other visitors, or advertises site Content as your own;
- alters, interrupts, destroys or limits the functionality or integrity of any computer software, hardware, content or information on this website;
- disrupts enjoyment of the site or incites other visitors to engage in disruptive conduct or to violate our policies; or
- that otherwise violates the prohibitions contained in applicable AUPs.
You must meet any designated minimum age requirements (for example, eighteen years of age or older) for participation in certain site offerings, such as registrations, contests and/or promotions.
How to Discontinue Website Interaction
Requesting information from us or participating on this website is voluntary. If you have registered to receive InsightBusiness information from us through this site, you may discontinue this registration by following any unsubscribe instructions contained in site instructions or in email communication sent from us.
Protection of Passwords
You are responsible for maintaining the confidentiality of any passwords or other account information provided for any site registrations. You agree to notify us of any unauthorized use of your password or other account information immediately after you become aware of such use, and further agree to indemnify and hold InsightBusiness and Insight Entities harmless from any claim, action or damages arising out of your improper use of or failure to keep your password or account information confidential.
Accuracy of Site Content
Although we make attempts to confirm that Content provided on this site is current, site Content may not be updated daily, and therefore, may not be up-to-date. Material or Content on this site may include inaccuracies or typographical errors. We have the right to make changes and update any information contained on this site without notice.
Restrictions on Use of Website Content
This website contains Content protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by InsightBusiness, visitors may not copy, download, upload, modify, reproduce, republish, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, adapt, incorporate or create a derivative work of, in any manner, any site Content, code and/or software. Notwithstanding the above, visitors may print or download Content from this site only for individual, personal and non-commercial use, provided that the visitor does not republish or distribute the Content in any way and keeps intact all proprietary notices and credit lines. Use of Content for commercial purposes or for any purpose not expressly permitted in this Terms of Use is prohibited.
Framing and Linking Prohibitions
Visitors are prohibited from framing the InsightBusiness website or linking to any other page except the InsightBusiness.com homepage without the express written permission of InsightBusiness. Any links to the homepage must not state or imply that InsightBusiness sponsors or endorses the linking site.
Choice of Law and Forum
This website is originated and located in the United States, and this Terms of Use shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and performed therein, excluding its conflicts of law rules. Visitors who choose to access this site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable laws and regulations. Any dispute arising out of or relating to these Terms of Use, this website, or access or usage of this site will be subject to the exclusive jurisdiction of the state and federal courts located within the state of New York, and you hereby expressly submit to the personal jurisdiction of such courts.
Access to Interactive Areas
At this time, we do not provide access to interactive activities/areas on this website, such as chat rooms, bulletin boards or message boards.
Third Party Links
This website may contain links to other sites and resources on the Internet controlled by third parties. These links are provided solely as a convenience and do not constitute an endorsement or sponsorship by InsightBusiness or Insight Entities of any third party's resources, website, content, products or services. InsightBusiness does not warrant or support the accuracy of any third party links or sites.
Advice and Opinions
Our website may contain facts, views, opinions and statements of independent third parties. InsightBusiness and Insight Entities do not represent or endorse the accuracy or reliability of any third party advice, opinion, statement or other information posted, displayed or distributed through our website. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk.
DISCLAIMER OF WARRANTIES
THE CONTENT ON OUR WEBSITE IS PROVIDED "AS IS" AND SOLELY FOR INFORMATION OR PROMOTIONAL PURPOSES. INSIGHTBUSINESS DOES NOT REPRESENT OR WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THIS WEBSITE'S ACCURACY, VALIDITY, CORRECTNESS, TIMELINESS, RELIABILITY OR THAT USAGE OF THE SITE, ITS POSTINGS OR CONTENT WILL BE ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL APPLICATIONS. INSIGHTBUSINESS ALSO DOES NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE SUITABILITY OF ANY MATERIALS OR CONTENT ON THE SITE FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTORY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE INSIGHTBUSINESS.COM WEBSITE IS AT YOUR SOLE RISK. YOU SHALL ASSUME THE ENTIRE COST FOR ANY SERVICING, REPAIR OR CORRECTION RELATED TO YOUR ACCESS SYSTEM AND YOUR ABILITY TO ACCESS THE SITE. NEITHER INSIGHTBUSINESS, NOR INSIGHT ENTITIES, MEMBERS, EMPLOYEES, AGENTS, CONTRACT PROVIDERS OR LICENSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT A VISITOR INCURS IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY OTHER CAUSE RELATING TO A VISITOR'S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR CONTENT ON THIS SITE; OR (III) FROM ANY VISITOR'S FAILURE TO COMPLY WITH THESE TERMS OF USE, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF INSIGHTBUSINESS OR OF ANY OTHER PARTY PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL INSIGHTBUSINESS, INSIGHT ENTITIES, MEMBERS OR EMPLOYEES BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF INSIGHTBUSINESS OR INSIGHT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
Leaving this Site
ONCE YOU LEAVE THE INSIGHTBUSINESS.COM WEBSITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR SITE THAT YOU ARE ACCESSING.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS INSIGHTBUSINESS, INSIGHT ENTITIES, MEMBERS, EMPLOYEES, AGENTS, LICENSORS, SITE SPONSORS AND ANY INSIGHTBUSINESS CONTRACT PROVIDERS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, COSTS AND FEES, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM YOUR VIOLATION OR BREACH OF THESE TERMS OF USE; ANY UNINTENDED CONSEQUENCES ARISING OUT OF YOUR ACCESS OR USE OF THIS SITE; AND/OR YOUR TRANSMISSION OF INFORMATION OR MATERIALS OVER THIS WEBSITE.
Full Understanding
The Terms of Use provided herein contain the full understanding of the parties with respect to access and use of this website. If InsightBusiness updates any portion of these Terms of Use, all other portions of the Terms of Use will remain in full force and effect.
Modification of Terms
This Terms of Use agreement shall not be modified except by subsequent posting of a revised Terms of Use Agreement or in writing, signed by InsightBusiness.
Validity of Terms of Use
If any portion of the Terms of Use is held invalid or unenforceable, that provision shall be construed consistent with applicable law and the remaining provisions shall remain in full force and effect.
UPDATED: November 2006
