By using any of the materials purchased from Porter Sloan (the Materials), you are agreeing to be bound by this agreement, including all amendments made to date.
1.1 The Individual Licensee is granted a nonexclusive, nontransferable, limited license to access and use all Materials made available to you. The license is granted to the individual identified by the email address and other information supplied during the purchase of the Materials. The license provides:
(a) The right to electronically display Materials to no more than one person at a time, subject to any Supplemental Terms for Specific Materials;
(b) With respect to Materials, the right to retrieve via downloading commands of the Web Site and store in machine-readable form, for one person's exclusive use, a single copy of those Materials included in any individual file to the extent the storage of those Materials is not further limited or prohibited by the Supplemental Terms for Specific Materials;
(c) The right to printout Materials via printing commands and to create a single printout of Materials downloaded via the Web Site (collectively, "Authorized Printouts");
(d) The right to edit, and create derivative works of those Materials which are delivered in editable .doc, .rtf, .ppt, .xls formats and otherwise not protected by Supplemental Terms for Specific Materials. All rights to derivative works will be owned by Porter Sloan.
(e) The right to print, distribute and perform derivative works that are permitted in section 1.1(d) for non-commercial purposes only.
2.1 The Corporate / Commercial License is a nonexclusive, nontransferable, limited license to access and use all Materials made available for an organization. The license is granted to the organization identified by the email address and other information supplied during the purchase of the Materials (the Organization). The license provides employees and contractors of the Organization with:
(a) The right to electronically display Materials for use in business matters of the Organization, subject to any Supplemental Terms for Specific Materials;
(b) With respect to Materials, the right to retrieve via downloading commands of the Web Site and store in machine-readable form, a single copy of those Materials included in any individual file, for each employee, contractor and affiliate employee of the Organization - to the extent the storage of those Materials is not further limited or prohibited by the Supplemental Terms for Specific Materials and that the Materials will be used only for business matters of the Organization and not for resale or redistribution outside the Organization in any form;
(c) The right to printout Materials via printing commands for business matters of the Organization;
(d) The right to edit, and create derivative works of those Materials which are delivered in editable .doc, .rtf, .ppt, .xls formats, and otherwise not protected by Supplemental Terms for Specific Materials, for non-commercial business matters of the Organization only. All rights to derivative works will be owned by Porter Sloan.
(e) The right to print, distribute and perform derivative works that are permitted in section 2.1(d) for non-commercial business matters of the Organization only.
3.1 All right, title, and interest (including all copyrights and other intellectual property rights) in the Materials (in both print and machine-readable forms) and derivative works belong to Porter Sloan LLC or its third party suppliers of materials. The licensee acquires no proprietary interest in the Materials, or copies thereof.
3.2 Except as specifically provided herein, you may not use the Materials in any fashion that infringes the copyrights or proprietary interests therein.
3.3 You may not remove, obscure or modify the copyright notice or other notices contained in any of the Materials.
3.4 Other provisions that govern your use of Materials may set forth in your applicable price schedule, the Supplemental Terms for Specific Materials, online descriptions of files, online notices following file selection, and individual documents retrieved from the Porter Sloan Web Site (collectively, the "Additional Terms"), all of which are incorporated by reference into these General Terms and Conditions.
3.5 If, after you purchase and receive any materials, you request and are granted a refund, you and your organization forfeit all rights to further use of the materials and proprietary concepts in the materials, beginning at the time when you receive confirmation of the refund from Porter Sloan LLC
4.1 The Materials may be, edited, enhanced to or withdrawn from sale from the Porter Sloan LLC Web Site (the Web Site) without notice.
5.1 The provider of the Materials represents and warrants that it has the right and authority to make the Materials available pursuant to these General Terms and Conditions.
5.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 3.1, THE MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF THE MATERIALS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Materials available or not included therein, (b) the unavailability or interruption of the Web Site or any features thereof or any Materials, (c) your use of the Web Site or Materials (regardless of whether you received any assistance from a Covered Party in using the Web Site), (d) your use of any equipment in connection with the Web Site, (e) the content of Materials, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.
6.2 "Covered Party" means (a) the provider of the Materials, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of the provider of Materials or its affiliates; and (b) each third party supplier of Materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Materials or any of their affiliates.
6.3 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF THE PRICE PAID TO PORTER SLOAN LLC FOR THE MATERIAL. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
6.4 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
7.1 This license agreement, including any Additional Terms, may be changed from time to time as described below or by written agreement. All other provisions may be changed by the provider of the Materials upon notice. Continued use of the Materials following any change constitutes acceptance of the change.
7.2 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Web Site by the provider thereof. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed in the Web Site; or on the date received, if delivered in any other manner.
7.3 The failure of the provider of the Web Site to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
7.4 The Licensing organization or individual may not assign its rights or delegate its duties to access the Web Site without the prior written consent of the provider of the Web Site.
7.5 These General Terms and Conditions and the Additional Terms shall be governed by and construed in accordance with the laws of the State of California.
Porter Sloan Solution Set materials are copyrighted by Porter Sloan LLC and are provided for licensee's business use. You may not publish, broadcast, sell, incorporate or otherwise redistribute this material for commercial purposes. Those desiring to do so must contact Sloan Business Publishing and obtain specific licenses and permission allowing such usage.
Information included in Materials is obtained from primary research, secondary research, and interviews of business professionals. While the information in SloanBusinessOnline.com documents was obtained from sources believed to be reliable, its accuracy is not guaranteed.
Porter Sloan LLC makes no warranties, expressed or implied, including those of merchantability or fitness for a particular purpose. In no event shall Porter Sloan have any liability for lost profits or incidental or consequential damages.
Assistance