TERMS, CONDITIONS, AND NOTICES AGREEMENT BETWEEN USER AND BARNA RESEARCH, LTD.
This Web site (the "Site") is offered by Barna Research Ltd. to the User. Use of this Site in any manner and to any extent constitutes User's agreement to abide by the following terms and conditions (the "Terms"). Barna Research Ltd. may modify the Terms and you will be notified of such changes. Your continued use of the Site after such changes are made constitutes your acceptance of such changes. Barna Research Ltd. reserves the right to deny access to this Site to anyone at any time.
Use of Site. You may view and download the materials at this Site only for your personal use. You must retain all copyright, trademark, and other proprietary notices contained in the original materials on any copy of the materials. You may not modify the materials at this Site in any way. You may not copy, reproduce, publish, publicly display, transfer, sell or offer for sale, distribute, enter in a database, or create derivative works from the materials or use them in any way for any public or commercial purpose. You may not copy this material, by any means (including electronic copies), for distribution to others unless you have purchased the appropriate number of copies. Any party receiving a copy of the material is bound by these use restrictions and may not copy or further distribute the material. Any use of these materials on any other Web site or networked computer environment (including any personal network or email distribution) for any use is prohibited. Because the materials are copyrighted, any unauthorized use of them may violate copyright, trademark, and other laws. You may not use materials from the Barna Research Ltd. Content Service in a manner that violates the Copyright Act (17 U.S.C.A. 21) and/or the fair use exception of that Act. You may not transfer, sell, assign, or otherwise transfer your rights or obligations under this Agreement. By using this Site, you promise Barna Research Ltd. that you will not use this Site for any unlawful or prohibited purposes.
Use at Your Own Risk. This Site contains information, advice, opinions, links to third-party Web sites, and material from third-party information and content providers. Neither Barna Research Ltd. nor these third-party providers represent or endorse the accuracy, completeness, or reliability of any advice, opinion, statement, or other information presented on this Site by Barna Research Ltd., third-party providers, third-party Web sites, or by any other person or entity to you. Neither Barna Research Ltd. nor its third-party information or content providers, nor any of their respective affiliates, agents, or employees, shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, usefulness, validity, deletion, defect, failure of performance, computer virus, communication line failure, or alteration of or use of any content or link herein, regardless of cause, or for any damages resulting therefrom. You rely upon and use this Site, including links, opinion, advice, statements, or any other information presented here, at your own risk and your sole remedy, if dissatisfied, is to discontinue use of this Site.
Right to Make Changes. Barna Research Ltd. (and in certain instances, its third-party providers) has the exclusive right to change, discontinue, or supplement any aspect of Barna Research Ltd. service and information at any time without notice to User. For example, Barna Research Ltd. may change the offering, the format, the content, the hours of availability, the pricing, the equipment needed for access, and the usage rights without notice. Barna Research Ltd. may choose to notify you of some changes by means including, but not limited to, posting on the Barna Research Ltd. Web site, notification by email, or other means. Your use after such notice shall be conclusively deemed to be acceptance of those changes. You agree to review the Terms and conditions of this Agreement periodically to be aware of changes. You also agree that changes to your email address or failure to provide a current email address may result in your inability to receive such notice, and so you waive your right to be notified should Barna Research Ltd. not be provided your current email address.
Third-party Content. Barna Research Ltd. distributes (but is not a publisher) of content supplied by third parties. Barna Research Ltd. does not have editorial control over such content. Such content expresses the opinions, the advice, the statements, the services, the offers, or other information of the author(s) and not of Barna Research Ltd..
Additional Terms for Purchased Material.
- You are responsible for all charges incurred while your account is being used, including charges for services and accessing materials. Charges payable by you will commence on the date you first access the Barna Research Ltd. service or 30 days after the effective date of this Agreement. In some cases, charges are due upon access to the Barna Research Ltd. feature utilized or material purchased.
- Upon payment of the appropriate charge, Barna Research Ltd. grants you a nonexclusive, nontransferable, limited license to use the Barna Research Ltd. content or service only for the uses permitted by these Terms and only according to the Terms and conditions set forth here.
- Some Barna Research Ltd. features are available only if you agree to special terms of which you will be informed at the time of access or purchase.
- Content or material you purchase is protected by copyright under applicable copyright laws. All right, title, and interest in the copyrighted works is (and continue to be, even after your purchase) the exclusive property of Barna Research Ltd. and/or its third-party content provider. You must abide by all copyright notices or restrictions contained in the Barna Research Ltd. material. You do not acquire any ownership or other proprietary rights by using the copyrighted works according to the license granted to you here.
- If you want to use Barna Research Ltd. content in ways not allowed under this agreement, you may be able to obtain the content provider's permission to do so by contacting the content provider directly. Barna Research Ltd. will not assist you to obtain these types of permissions.
Your Liability. You shall indemnify and hold harmless Barna Research Ltd., its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors from and against any and all losses, expenses, damages, and costs, including reasonable attorneys' fees which result from your misuse of this Site in any fashion, any violation of these Terms, or the failure to fulfill your obligations here. Barna Research Ltd. may take over the exclusive defense of any claim for which we are entitled to indemnification under this Paragraph. In such event, you will cooperate fully with us. Barna Research Ltd. may also terminate this Agreement and your future use of this Site, with or without notice. In the event of termination, the restrictions imposed upon you with respect to material downloaded from the Site, the disclaimers, and limitations of liabilities set forth in this agreement survive. You must return or destroy any previously accessed or archived material within 24 hours of termination.
Disclaimer and Liability Limitation. ALL MATERIALS AND SERVICES IN THIS SITE AND THIRD-PARTY SITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Barna Research Ltd. AND ITS CONTENT PROVIDERS, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTS OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Barna Research Ltd. DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER ASSUMES THE ENTIRE COST OF ANY NECESSARY MAINTENANCE, REPAIR, OR CORRECTION. ADDITIONALLY, NO AFFIRMATIVE REPRESENTATIONS ARE MADE REGARDING THE SUITABILITY OF THE INFORMATION OR THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS TO THIRD-PARTY WEB SITES, OR OTHER ITEMS CONTAINED WITHIN THIS SITE OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS SITE AND ITS OFFERINGS. IN NO EVENT WILL Barna Research Ltd., ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED OR FEATURED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LAW MAY NOT APPLY TO YOU. YOU EXPRESSLY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL ALSO APPLY TO THIRD-PARTY CONTENT.
- U.S. Government Restricted Rights. Government users will receive no greater than Restricted Rights as defined in FAR 52.227-14, FAR 52.227-19(c) (Jun 1987), or DFAR 252.227-7013(c)(1)(ii)(Oct 1988), DFAR 252.221-7015(c) (May 1991), DFAR 252.227-7014, or DFAR 252.227-7018 as applicable in any Software at this Site. Government users will secure no greater than limited rights as defined in FAR 52.227-14, DFAR 252.227-7015, DFAR 252.227-7018, or DFAR 252.227-7013 as applicable in any technical data in this Site.
- Applicable Laws. Barna Research Ltd. and its content providers make no representation to you that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use, export, or reexport the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. Any action to enforce this Agreement shall be brought in the federal or state courts located in California.
- Inclusion of all Terms. All other notices, policies, disclaimers, and other terms contained in this Site are incorporated here by reference. In the event of a conflict between such other terms and these Terms, these Terms shall control.
- Severability. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.
- All Rights Reserved. Any rights not expressly granted herein are reserved.