Plunkett Research, Ltd. ("we" or "Plunkett") owns and operates this Site to provide information and online services to its clients and as an online information service (the "Service"). The following is a legal agreement ("Agreement") between Plunkett and you. By accessing or using this Site you acknowledge that you have read, understood, and agree to be bound by this Agreement.
Please read this Agreement carefully because the terms are binding upon you. If you are a regular user of this Site, please check this Agreement for updates. It governs your use of the Site and Service. We may also post additional terms and conditions that apply to specific Site areas. These area-specific terms and conditions are incorporated into the Agreement. We may change this Agreement at any time by posting the amended Agreement on the Site. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. We last revised this Agreement on July 17, 2003.
Your Account and Password
In the event that you have been issued a password and
username, you are responsible for maintaining the confidentiality
of the password and for restricting access to its use.
You agree to:
(a) notify us immediately of any unauthorized
use of your password, username, or account or any other
breach of security, and
(b) exit from your account at the end of each session.
Privacy and Protection of Your
Information
See our Privacy Policy (the "Privacy" link at
the bottom of every page of plunkettresearch.com) for
our policy relating to the collection and use of your
information by Plunkett. This Policy may be altered from
time to time.
LIMITED WARRANTY:
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. HAS MADE EFFORTS TO OBTAIN
THE DATA FROM SOURCES DEEMED RELIABLE, PLUNKETT RESEARCH,
LTD., ITS AGENTS, LICENSORS 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
BY PLUNKETT RESEARCH, LTD., ITS EMPLOYEES, AGENTS, DISTRIBUTORS
OR REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF THIS LIMITED WARRANTY, AND THE SUBSCRIBER
OR END-USER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
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 download or 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. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM PLUNKETT OR THROUGH OR FROM THE SERVICE, SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
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 may not be provided by you to anyone
for use in any country or used in any manner prohibited
by the Unites States Export Administration Act or any
other country's export laws, restrictions or regulations.
Furthermore, you agree to comply with any import laws,
rules and regulations of the countries and jurisdictions
where you access and use this Site or receive copies of
any technical information or other materials. You agree
to indemnify Plunkett and hold Plunkett harmless from
an fines or other penalties, as well as any tariffs, import
or export taxes, levied with respect to your use of this
Site by jurisdictions in which you access and use it,
or from which you export information from this Site, or
for any violation of the requirement not to provide access
to and use of this Site for use in any country prohibited
by the United Stares Export Administration Act or any
other export laws, restrictions or regulations.
Termination
You agree that Plunkett, in its sole discretion and without
notice, may terminate your password, account (or any part
thereof), or access to or use of the Service or any portion
thereof at any time if Plunkett believes that you have
violated or acted inconsistently with this Agreement.
Plunkett may prohibit or restrict access to the Service
to anyone at any time, with or without cause. Plunkett
may also in its sole discretion and at any time discontinue
providing the Service, or any part of it, temporarily
or permanently. Plunkett will make reasonable commercial
efforts to provide notice of any such discontinuation
to you. You agree that Plunkett shall not be liable to
you or any third party for any termination of your access
to the Service or for any modification, suspension, or
discontinuation of the Service beyond the refund of the
unexpired portion of any subscription fee you have paid.
Subscribers may not ask for a cancellation or early termination
of a subscription period once the order has been placed.
This restriction is made due to the fact that subscribers
are enabled to copy and or download information once their
subscription has been turned on.
Hypertext Links
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 imply neither that
Plunkett is affiliated with or otherwise endorses any
third parties nor 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.
Copyright
U.S. and international copyright laws and treaties protect
this Site and its content. You agree to comply with all
copyright laws in your use of this Site and to prevent
any unauthorized copying of this Site and its contents.
The copyright in all material provided on this Site is
held by Plunkett or by the original creator of the material.
Unless you have otherwise been granted rights in writing by Plunkett Research, Ltd. as a paid subscriber or licensee, you may not copy, 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 or the copyright owner. You may not "mirror" or "frame" any material contained on this Site or on any other Plunkett server without Plunkett's express prior written permission. 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.
Copyright Agent
Plunkett's Copyright Agent for Notice of claims of copyright
infringement can be reached at: Plunkett Research, Ltd.,
ATTN: Copyright, P. O. Drawer 541737, Houston, Texas 77254
USA.
If you believe that there is any content on the Site that infringes your copyrighted work, please provide the following information to Plunkett's Copyright Agent:
(a) an electronic or physical signature
of the person authorized to act on behalf of the owner
of the copyright interest;
(b) a description of the copyrighted work that you claim
has been infringed;
(c) a description of where the material that you claim
is infringing is located on this Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law; and
(f) 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 authorized to
act on the copyright owner's behalf.
U.S. Government Restricted Rights
Government users will receive no greater than Restricted
Rights as defined in FAR 52.227-19 [c] (1-2) (June 1987).
Government users will received no greater Limited Rights
as defined in FA 52.227-14 (June 1987) or DFAR 252.227-7015(b)(2)
(November 1995), as applicable in any technical data at
this site.
Trademarks
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. 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, plunketts.com, Plunkett,
or other Trademarks without our express prior written
consent.
General
Governing law; jurisdiction. The laws of the State of Texas, United States of America, govern this Agreement in all respects, without regard to its conflicts of law rules. Your conduct may be subject to other laws. You expressly agree that exclusive jurisdiction over any dispute arising from your use of the Site or the Service resides in the federal and state courts located in the County of Harris, Houston, Texas. You further agree and expressly consent to the exercise of personal jurisdiction in the State of Texas in connection with any dispute or claim involving the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement and conditions, including this paragraph.
Indemnification. You hereby agree to indemnify, defend, and hold harmless Plunkett and its officers, directors, shareholders, agents, subsidiaries, affiliates, customers, suppliers, service providers, and employees from and against all claims, demands, and damages (including actual and consequential), of every kind and nature whether known or unknown arising out of or relating to:
(a) your use of, the Service or this Site
in violation of this Agreement;
(b) any other breach of this Agreement by you; or
(c) your violation of any law or the rights of a third
party.
Severability. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be struck from the Agreement and the remaining provisions shall be given full force and effect.
International Users
This Site is controlled, operated, and administered by
Plunkett from its offices within the United States of
America. Access to the Site from territories where the
Site's contents are illegal is prohibited. If you access
this Site from locations outside of the United States,
you are responsible for compliance with all local laws.
By accessing and using
this Site you agree to this Agreement.
