Terms of Use

 

REVISED EFFECTIVE MAY 25, 2018

WWW.PLUNKETTREEARCH.COM

ACCEPTANCE

Plunkett Research, Ltd. ("Plunkett," "we," or "us") makes this site and the related site materials available for your access and use subject to your compliance with these Terms of Use ("TOU"). Your obligations under this TOU include the obligation to abide by other terms and conditions ("supplemental terms") that apply to specific Plunkett Research, Ltd. projects, products, and services.

"Site materials" means the content, tools, products, services, projects, and activities made available or enabled via this site.

This website and the products and services offered by Plunkett Research, Ltd. are not intended for children, and children should not provide any personal information (including without limitation name and email address) to us via this site. By accessing or using this site, you agree to comply with this TOU, and you certify that you are at least 13 years old, and that if you are between 13 and 18 years old, you have obtained the consent of your parent or legal guardian to use this site. Do not use or access the site if you do not agree to this TOU.

YOUR CONDUCT

You agree that you will not use the site or any site materials, project, or service to:

(a) transmit spam, bulk, or unsolicited communications;
(b) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any transmitted content;
(c) misrepresent your identity, or affiliation with any person or entity;
(d) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to participate in the site or any site projects or services;
(e) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law; or
(f) collect or store personal data about other users unless specifically authorized to do so by such users.

CONTENT LICENSES AND OWNERSHIP

Your use of the site does not transfer to you any ownership or other rights in the site or its content. The site and the site materials are the property of Plunkett Research, Ltd. and/or its content providers, and are protected by the laws of the United States and other countries, including their copyright and trademark laws. Except for uses that constitute "fair use" under U.S. copyright law (17 USC Sec. 107), the site may not be copied, reproduced, republished, uploaded, transmitted, modified, indexed, cataloged, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Plunkett Research, Ltd.

 

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.

 

COPYRIGHT INFRINGEMENT CLAIMS

Plunkett Research, Ltd. respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your copyrighted work has been copied and is accessible on an Plunkett Research, Ltd. site in a way that constitutes copyright infringement, please send a written notice to our Copyright Agent that includes:

  • The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located, such as the URL where it is posted;
  • Your name, address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Plunkett Research, Ltd.'s Copyright Agent for notice of claims of copyright infringement can be reached at:

By mail:
Plunkett Research, Ltd.
P.O. Drawer 541737

Houston, Texas 77254-1737 USA

Attn: Legal Dept.

By Email:

customersupport@plunkettresearch.com

 

Please note: In order to be effective, your notice must be in writing. This contact information is provided in accordance with the Digital Millennium Copyright Act and solely for reporting copyright infringement claims.

REGISTRATION DATA

You agree to provide true, accurate, current and complete information about yourself as prompted by the site's registration form (the "Registration Data"). If we have reason to believe that you have failed to do so, we may suspend or terminate your account, and refuse or terminate any current or future use of the site or any Plunkett Research, Ltd. service.

PRIVACY POLICY

The Registration Data and other information that you provide to us or that we collect about you will be processed by us in accordance with our Privacy Policy, which is available at https://www.plunkettresearch.com/privacy/ .  By continuing to use the site, you acknowledge that you have read our Privacy Policy and that you understand that your personal information will be used by us in accordance with our Privacy Policy.

ADVERTISEMENTS, THIRD PARTY POSTS AND LINKS

The messages and other posts by third parties that appear on the site express the views of their authors, who are wholly responsible for that content. They do not represent our opinions.

We may display advertisements and promotions from third parties on the site. Also, the site contains links to third party sites or resources. Your contacts and interactions with these third parties and your participation in these promotions are solely between you and the third party, and we are not responsible or liable for any loss or damage to you that may the result.

We do not endorse these third-party sites or resources, and are not responsible for their availability.

TRADEMARK INFORMATION

The Plunkett Research, Ltd. Logo, and other designations, marks and logos associated with Plunkett Research, Ltd. products and services ("Plunkett Research, Ltd. Marks") appearing on the site are trademarks, trade names and service marks owned by Plunkett Research, Ltd. Guidelines on the site may permit you to make certain specific uses of the Plunkett Research, Ltd. Marks. You agree not to use any Plunkett Research, Ltd. Marks without the prior written consent of Plunkett Research, Ltd., except as expressly permitted by the guidelines on our site.

You agree not to incorporate any Plunkett Research, Ltd. Marks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations. You may not remove or alter any Plunkett Research, Ltd. Marks, or co-brand your own services or material with any of the Plunkett Research, Ltd. Marks.

INDEMNITY

You agree to indemnify and hold Plunkett Research, Ltd. and its officers, directors, affiliates, subsidiaries, partners, agents, licensors, licensees, suppliers, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of this TOU, or your violation of any rights of any third party based on or related to your use of the site.

MODIFICATION AND TERMINATION OF SERVICES

We reserve the right in our sole discretion to remove site materials, modify, suspend or terminate the site (or any portion of it), and/or your use of or access, with or without notice. We will not be liable to you or any third party for any modification, suspension, or termination of the site.

ASSUMPTIONS OF RISK, SAFETY, AND WARRANTY DISCLAIMER

You agree to assume all risk in downloading and using any site materials, and with respect to any project that you undertake based on any site materials. You must take precautions (e.g., virus scans, etc.) to ensure that any content you download is free of viruses, worms or other potentially destructive elements. Plunkett Research, Ltd. provides no assurances that the site material is or will be free of viruses, problems, or errors, nor assurances that any such issues will be resolved.

Your safety when you undertake projects based on site material is your own responsibility, and your responsibilities include without limitation proper use of equipment and safety gear, and determining whether you have adequate skill and experience to perform the project. Power tools, electricity, and other resources used for these projects are dangerous, unless used properly and with adequate precautions, including safety gear. Some illustrations in the site materials do not depict safety precautions or equipment, in order to show the project steps more clearly. Projects described and depicted in the site materials are not intended for use by children.

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 DATA FOUND ON THIS SITE.

THE DATA FOUND ON THIS SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.

YOUR USE OF THE SITE AND/OR ANY SITE MATERIALS IS AT YOUR SOLE RISK. THE SITE, INCLUDING WITHOUT LIMITATION ALL SITE MATERIALS, INFORMATION, AND SERVICES, IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. PLUNKETT RESEARCH, LTD. DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PLUNKETT RESEARCH, LTD. MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR THE SITE MATERIALS.

PLUNKETT RESEARCH, LTD. MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY SITE MATERIALS, CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL OBTAINED BY YOU FROM PLUNKETT RESEARCH, LTD., WHETHER OBTAINED THROUGH THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS TOU.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF, OR OBTAINING ANY CONTENT FROM, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM VIRUSES.

LIABILITY LIMITATION

TO THE FULL EXTENT PERMITTED BY LAW, PLUNKETT RESEARCH, LTD. IS NOT AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR ECONOMIC ADVANTAGE ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY SITE MATERIALS, EVEN IF PLUNKETT RESEARCH, LTD. HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR RELY UPON.

IF THE RELEVANT JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

GENERAL PROVISIONS

This TOU constitutes the complete and exclusive agreement between you and us relating to the subject matter that it covers, and it supersedes all prior versions. You also may be subject to additional or supplemental terms and conditions that may apply when you use Plunkett Research, Ltd. products or services, or those of any third party. If a supplemental term conflicts with this TOU, the supplemental term will prevail. You agree that we may amend this TOU at any time by posting the amended terms on this site, without notice to you. Your use of the site after such posting will constitute consent to the modified TOU. A current version of this TOU will always be available at https://www.plunkettresearch.com/terms-of-use/.   It is your responsibility to review this TOU from time-to-time in order to be informed of TOU modifications.

Texas law and controlling U.S. federal law govern this TOU, any action related to this TOU, and/or your use of the site. No choice of law rules of any jurisdiction will apply to any dispute under this TOU. You and Plunkett Research, Ltd. agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Harris, Texas, U.S.A. You expressly understand and agree that any dispute, claim or controversy between you and Plunkett Research, Ltd. arising out of or in connection with this TOU, or your use of the site, must be brought no later than one (1) year from the date the alleged claim occurred or arose.

No failure to exercise promptly any right under this TOU will create a continuing waiver or any expectation of non-enforcement. If any provision of this TOU is held to be invalid by a court of competent jurisdiction, you agree that such provision will be replaced with a new provision that accomplishes the original purpose, and the other provisions of this TOU will remain in full force and effect.