The materials on Information Today, Inc.’s websites (Sites) are provided by Information Today, Inc. (ITI) as a service to its users and may be used for informational purposes only subject to the provisions below. By downloading any materials from or otherwise using these Sites, you as a user (“you”) agree to these terms and conditions (“Agreement”). If you do not agree to them, do not use the Sites or download any materials from them. You agree that this Agreement (and, if you are a user who has registered on these Sites (“Registered User”), any provisions included in the registration process) is the complete and exclusive statement of the agreement between Information Today, Inc. and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and Information Today, Inc. relating to the subject matter of this Agreement. Information Today, Inc. MAY REVISE THIS AGREEMENT AT ANY TIME BY UPDATING THIS POSTING. YOU SHOULD VISIT THIS PAGE FROM TIME TO TIME TO REVIEW THE THEN-CURRENT TERMS BECAUSE THEY ARE BINDING ON YOU. CERTAIN PROVISIONS OF THESE TERMS MAY BE SUPERSEDED BY EXPRESSLY DESIGNATED LEGAL NOTICES OR TERMS LOCATED ON PARTICULAR PAGES AT THIS SITE.
GENERAL: Information Today, Inc.’s websites act as forums that enable you to locate and identify certain vendors of software and services (“Vendors”). Information Today, Inc. does not control the timing of or manner in which any Vendor’s products or services (“Products”) are delivered to you and does not guarantee the completion of any transaction. Information Today, Inc. may refuse to provide services under their Sites to anyone at any time, in its sole discretion.
TRADEMARK INFORMATION: Information Today, Inc.® is a trademark of Information Today, Inc. for its assessment services for specialists and professionals, namely, providing online services by which prospective purchasers can learn about products and services. All other brand, product, service, and process names appearing on Information Today, Inc.’s websites are trademarks of their respective holders. Information Today, Inc. trademarks may be used publicly with written permission only from Information Today, Inc.. Fair use of Information Today, Inc. trademarks in advertising and promotion of Information Today, Inc. products requires proper acknowledgement. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Information Today, Inc..
SINGLE COPY LICENSE: Except as otherwise indicated on Information Today, Inc.’s websites, you may download limited copies of the information or software (“Materials”) found on the Sites for your personal, non-commercial internal use only unless specifically licensed to do otherwise by Information Today, Inc. in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) use any automated process or software robot to view, download, print or otherwise use content from any Information Today, Inc. websites. (b) use any of the Sites or Content for the purpose of soliciting, for any product, solution, or service, companies that have listings or content included in the Sites content, (c) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental, including, without limitation, posting the Materials on any network computer or broadcasting them in any media; (d) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (e) remove any copyright or other proprietary notices from the Materials; (f) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials. Information Today, Inc. reserves all rights not expressly granted in this Agreement.
OWNERSHIP OF MATERIALS: Information Today, Inc.’s websites and Materials located thereon are copyrighted and are protected by worldwide copyright, trademark, trade dress and other intellectual property laws and treaty provisions and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Information Today, Inc.’ prior written permission. Except as expressly provided herein, Information Today, Inc. and its suppliers do not grant, by implication, estoppels or otherwise, any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by Information Today, Inc. in writing or incorporated elsewhere in the Materials. PASSWORDS: If you are a Registered User, Information Today, Inc. may issue to you certain passwords and user identification numbers for access to certain areas of the Site. You agree not to disclose such passwords and user identification numbers issued to you to any third party.
TERMINATION OF ACCESS: If you breach any of the terms or conditions of this Agreement, Information Today, Inc. may, at its sole discretion, (a) suspend your access to certain areas of the Sites or (b) terminate your access to certain areas of the Sites. Whether or not a breach results in suspension or termination depends on several factors, including but not limited to the severity of the breach, the potential harm to other users or to Information Today, Inc., and whether or not the breach is repeated or cured. If Information Today, Inc. suspends or terminates your right to access or use Information Today, Inc.’s websites then Information Today, Inc. shall, within 24 hours, provide notice to you of such action. Upon termination, you will immediately destroy the Materials and all licenses herein shall immediately terminate.
DISCLAIMER OF WARRANTIES AND LIABILITY: DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THE INFORMATION TODAY, INC. WEBSITES IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT AND THESE WEBSITES. ITI AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THESE WEBSITES, OR ITI ITSELF. NEITHER ITI NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY FROM USE OF THIS WEB SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THESE WEBSITES AND ANY CONTENT THROUGH THESE WEBSITES. IN NO EVENT WILL ITI, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THIS WEB SITE. ITI AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF ITI, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THESE WEBSITES OR THE CONTENT IN THESE WEBSITES SHALL NOT EXCEED THE AMOUNT YOU PAID TO ITI FOR THE USE OF THESE WEBSITES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. YOU MAY BE ABLE TO ACCESS OTHER INTERNET SITES NOT CREATED BY ITI OR ITS AFFILIATES THROUGH THESE WEBSITES. THE RELIABILITY, AVAILABILITY, LEGALITY, PERFORMANCE AND OTHER ASPECTS OF RESOURCES ON INTERNET SITES NOT CREATED BY ITI OR ITS AFFILIATES IS BEYOND ITI’s CONTROL, AND ITI MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH SITES. ITI MAKES NO WARRANTY, EXPRESS OR IMPLIED, ON BEHALF OF ANY PRODUCT OR SERVICE OFFERED, SOLD OR OTHERWISE MADE AVAILABLE TO YOU AS A RESULT OF YOUR USE OF THESE WEBSITES, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO SUCH SERVICES OR ITEMS. You are responsible for all statements made and acts or omissions that occur while using these Sites. You may not use these websites for any unlawful purpose. Your use of these websites and all related rights and obligations, shall be governed by the laws of the United States of America and the State of New Jersey, as if your use was a contract wholly entered into and wholly performed within the State of New Jersey. Any legal action or proceeding with respect to these websites or any matter related thereto may be brought exclusively in the courts of the State of New Jersey. By using these websites, you accept generally and unconditionally the jurisdiction of the aforesaid courts and irrevocably waive any objection to such jurisdiction.
RELEASE: Information Today, Inc. is not a party to any actual engagement between Vendors and you. As a result, Information Today, Inc. has no control over the quality, safety or legality of Vendors or their services. You are wholly responsible for all activities conducted through your account in accessing these websites. Information Today, Inc. cannot and does not control whether or not Vendors will complete their services or other obligations. Further, it is not commercially reasonable for Information Today, Inc. to authenticate the Vendors, and Information Today, Inc. cannot and does not confirm that each Vendor is who it claims to be. Information Today, Inc. encourage you to develop safe business practices when using the Internet. Information Today, Inc. also encourage you to communicate directly with Vendors from the Web Site to help you evaluate with whom you are dealing. You release Information Today, Inc. (and its agents and employees) from all claims, demands and damages of every kind and nature (including, but not limited to, actual, consequential , special, punitive and incidental damages), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your relationship with the Vendors or the services provided by the Vendors or any actions or omissions of a Vendor. In no case will Information Today, Inc. be liable for any legal actions brought against you by such Vendors.
USER SUBMISSIONS: Any material, information or other communication you transmit or post to these websites will be considered non-confidential and non-proprietary (“Communications”). Information Today, Inc. will have no obligations with respect to the Communications, provided that any personally identifiable information shall be handled in the manner set forth below. Information Today, Inc. and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes, provided that any personally identifiable information shall be handled in the manner set forth below. You are prohibited from posting or transmitting to or from these websites any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law or any rights of a third party.
LINKS TO OTHER SITES: Any links on these websites may let you leave an Information Today, Inc. (ITI) Site and go to other Web sites. The linked sites are not necessarily under the control of Information Today, Inc., and Information Today, Inc. is not responsible for the content, the accuracy thereof or any other aspect of any linked site or any link contained in a linked site. Information Today, Inc. reserves the right to terminate any link or linking program at any time. Information Today, Inc. does not endorse companies or products to which it links and reserves the right to note as such on its Sites. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
INDEMNIFICATION: You hereby agree, at your own expense, to indemnify, defend and hold Information Today, Inc. harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to any third-party claim, action or allegation brought against Information Today, Inc. based upon or relating to (a) a dispute between you and a Vendor over the terms and conditions of a contract or related to the purchase and sale of any goods/services, (b) a breach by you of the terms and conditions of this Agreement, or (c) any action of you or a Vendor which violates any law, regulation or rights of a third party.
MISCELLANEOUS: Information Today, Inc. controls these websites from its offices within the United States of America. Information Today, Inc. makes no representation that Materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access these websites from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY WITHOUT REGARD TO ITS RULES GOVERNING CONFLICTS OF LAW. THE PARTIES AGREE THAT THE EXCLUSIVE VENUE FOR ALL ACTIONS AND ARBITRATIONS RELATING IN ANY MANNER TO THIS AGREEMENT SHALL ONLY BE IN A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION LOCATED IN NEW JERSEY, U.S.A. If any provision of this Agreement is for any reason held unenforceable or in valid, then this Agreement shall be construed as if such provision were not contained in this Agreement. No action arising out of this Agreement may be brought by you more than two years after the date the cause of action has accrued. You may not assign this Agreement or any of its rights or obligations without the prior written consent of Information Today, Inc., and any such attempted assignment will be void. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the permitted successors, legal representatives and assigns of the parties hereto. Notwithstanding anything else set forth herein to the contrary, the relationship between you and Information Today, Inc. is an independent contractor relationship only, and nothing herein shall be construed to create a partnership, joint venture, franchise, employment, or any other agency relationship between the parties. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect. The Materials are provided with “RESTRICTED RIGHTS.”