Revised May 9, 2012
Plunkett Research, Ltd.
P. O. Drawer 541737
Houston, Texas 77254-1737
Important, read carefully:
This agreement (the "Agreement") is a legal agreement between the User (hereinafter "you" or "User") and Plunkett Research, Ltd. (hereinafter "Plunkett," "Plunkett Research," or "Plunkett Research, Ltd."). By viewing, installing, copying, downloading, accessing or otherwise using the information, tools and services (hereinafter the "Data" or the "Plunkett Data") contained in www.plunkettresearch.com (hereinafter the "Site"), you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not access the Site or use the Plunkett Data.
The Plunkett Data, the Site, and the software and intellectual property involved therein are the property of Plunkett Research, Ltd. and its content providers. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties, protect the Plunkett Data.
Privacy and Protection of Your Information
THE DATA MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT YOUR USE OF THE DATA IS AT YOUR SOLE RISK. PLUNKETT RESEARCH DOES NOT WARRANT THAT THE DATA OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WHILE PLUNKETT RESEARCH, LTD. AND ITS CONTENT PROVIDERS HAVE MADE EFFORTS TO OBTAIN THE DATA FROM SOURCES DEEMED RELIABLE, PLUNKETT RESEARCH, LTD., ITS AGENTS, LICENSORS, CONTENT PROVIDERS AND AFFILIATES MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE DATA, THE INSTALLATION, ACCESSIBILITY OR USABILITY OF AN ELECTRONIC FILE OR INTERNET SITE, OR ANY OTHER ASPECT OF THE DATA. THE DATA IS PROVIDED TO THE END-USER "AS IS" WITHOUT WARRANTY OF ANY KIND. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN VIA THE SITE OR BY PLUNKETT RESEARCH, LTD., ITS EMPLOYEES, AGENTS, DISTRIBUTORS OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY, AND THE USER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE AS A WARRANTY.
Among other things, this Limited Warranty applies to your ability to install or download an electronic file or software or such an installation's effects on your computer or other electronic devices. Plunkett Research, Ltd. assumes no liability and does not guarantee that this Data will install or function correctly on your computer or other electronic devices and further does not guarantee or accept any liability for the results of your attempt to install this Data, including any fault or dysfunction (including, but not limited to: computer viruses and/or alterations to computer files, registries or setups) to your computer or electronic devices that may be caused by installation or use. PLUNKETT DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU DOWNLOAD ANY MATERIAL THROUGH THE USE OF THE SERVICE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Customer Remedies: Plunkett Research, Ltd. and its suppliers' entire liability and your exclusive remedy shall be, at Plunkett Research Ltd.'s sole discretion, either (a) return of the price paid, if any, or (b) repair or replacement of the product that does not meet Plunkett Research, Ltd.'s Limited Warranty and that is returned to Plunkett Research, Ltd. with sufficient evidence of or receipt for your original purchase.
NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLUNKETT RESEARCH, LTD. AND ITS AGENTS, AFFILIATES AND LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLUNKETT RESEARCH, LTD. BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER INTANGIBLE LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ABILITY TO OBTAIN OR RETAIN EMPLOYMENT OR REMUNERATION, ABILITY TO PROFITABLY MAKE AN INVESTMENT, OR ANY OTHER PECUNIARY LOSS) CAUSED IN PART OR IN WHOLE BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE PLUNKETT DATA, ARISING OUT OF THE INSTALLATION OF, USE OF, OR RELIANCE UPON THIS DATA, OR THE INABILITY TO USE THIS DATA (WHETHER IN ELECTRONIC OR PRINTED FORM) OR THE FAILURE OF PLUNKETT RESEARCH, LTD. TO PROVIDE SUPPORT SERVICES, EVEN IF PLUNKETT RESEARCH, LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, PLUNKETT RESEARCH, LTD.'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS END-USER LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WHEN USING THE DATA OR ANY OTHER SOURCE FOR BUSINESS AND INDUSTRY INFORMATION, THE USER SHOULD USE CAUTION AND DILIGENCE BY CONDUCTING FURTHER RESEARCH WHERE IT SEEMS APPROPRIATE THE USER IS ADVISED THAT BUSINESS AND INDUSTRY CONDITIONS CAN CHANGE QUICKLY AND THAT THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE PLUNKETT DATA.
Export/Import Restrictions and Tariffs
Access to this Site or use of the Data is not allowed in any country (or in any manner) prohibited by the Unites States Export Administration Act or any other nation's export laws, restrictions or regulations.
This site contains links to sites operated by third parties over which Plunkett has no control. Plunkett makes no representations whatsoever about any other Web site that you may access through this one. Links do not imply that Plunkett is affiliated with or otherwise endorses any third parties, or that it is legally authorized to use any trademark, trade name, logo, or Copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of Plunkett.
U.S. and international copyright laws and treaties protect this Site and its content.
Certain portions of the Data are proprietary to Morningstar Inc. and/or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.
You may not copy, resell, reproduce, distribute, republish, download, display, post, or transmit any Site content or software in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission of Plunkett. Except as expressly provided in this Agreement, Plunkett does not grant any express or implied right to you under any patents, trademarks, copyrights, or other similar rights.
The Plunkett Research, Ltd. name, logo and other trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Plunkett Research, Ltd., or an affiliate of Plunkett Research, Ltd. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without our express prior written permission. Plunkett prohibits use of plunkettresearch.com, Plunkett Research Online, plunketts.com, Plunkett, Plunkett Research, Ltd. and other Trademarks as part of a link to or from any site unless approved in advance by Plunkett in writing. You may not use any metatags or any other hidden text utilizing plunkettresearch.com, plunkettresearchonline.com, plunketts.com, Plunkett, or other Trademarks without our express prior written consent.
JURISDICTION AND VENUE; The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Texas, USA. The Texas state courts of Harris County, Texas (or, if there is exclusive federal jurisdiction, the United States District Court for the District of Texas) shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement, and User hereby consents to the jurisdiction of such courts.
Plunkett Research, Ltd.
P. O. Drawer 541737
Houston, TX 77254 USA