- 1. USE OF THE Kallman WEB SITE.
Kallman Worldwide, Inc. hereby grants you a non-exclusive, non-transferable, limited license to access and use the Web Site for the fees, if applicable, and under the terms set forth below.
The Content is the property of Kallman or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Web Site and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on the Web Site may be registered or unregistered marks of Kallman Worldwide, Inc. or others. Nothing contained on this Web Site should be construed as granting any license or right to use any of the Marks displayed on the Web Site without the express written permission of Kallman Worldwide, Inc. or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited.
You may, on an occasional and irregular basis, reproduce, distribute, display or transmit an insubstantial portion of Content, for a non-commercial purpose and without charge, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the Content in the same form in which the notices appear on the Web Site, the original source attribution, and the phrase "Used with permission from web site Kallman Worldwide, Inc.". However, you may not post any Content from the Web Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other web sites, without the prior written consent of Kallman Worldwide, Inc. To request consent for other matters, you may contact Kallman Worldwide, Inc. at firstname.lastname@example.org.
You may not use the Web Site for any unlawful purpose. You shall honor all reasonable requests by Kallman Worldwide, Inc. to protect Kallman Worldwide, Inc. proprietary interests in the Kallman Worldwide, Inc. website.
- 2. REGISTRATION
As part of the registration process, you must select a member name and password and provide Kallman Worldwide, Inc. with accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access.
- 3. LIMITATION ON Kallman WARRANTIES AND LIABILITY
The Web Site includes Kallman Worldwide, Inc. ratings and other opinions that must be construed solely as statements of opinion and should not be construed as statements of fact. Kallman Worldwide, Inc. rating are not "market ratings" nor are they recommendations to buy, sell or hold any security or obligation issued by any obligor. Kallman Worldwide, Inc. relies on information provided by obligors, their accountants, counsel and other experts and does not perform an audit in connection with any rating. The use of the Kallman Worldwide, Inc. Website by User should not be construed as an endorsement of the accuracy of any of the data or conclusions, or as an attempt to independently assess or vouch for the financial condition of any company. Kallman Worldwide, Inc. receives compensation for determining ratings. Such compensation is based on the time and effort to determine the ratings and is normally paid by the entity being rated.
Due to the number of sources from which the Content is obtained, and the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Web Site. THE CONTENT AND THE WEB SITE ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES. Kallman Worldwide, Inc. MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE Kallman Worldwide, Inc. WEBSITE, THE Kallman Worldwide, Inc. WEBSITE'S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE Kallman WEBSITE. Kallman Worldwide, Inc. HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND OF NONINFRINGEMENT. NEITHER Kallman Worldwide, Inc. SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL Kallman, NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE Kallman Worldwide, Inc. WEBSITE. NEITHER Kallman Worldwide, Inc. NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE WEB SITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT AT THE WEB SITE OR OTHERWISE. IN NO EVENT WILL Kallman Worldwide, Inc., ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE.
- 4. LINKS TO OTHER WEB SITES.
You may, through hypertext or other computer links, gain access to web sites operated by persons other than Kallman. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites' owners. You agree that Kallman Worldwide, Inc. is not responsible for the content or operation of such web sites, and that Kallman Worldwide, Inc. shall have no liability to you or any other person or entity for the use of third party web sites. Except as described below, a hyperlink from this Web Site to another web site does not imply or mean that Kallman Worldwide, Inc. endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from Kallman Worldwide, Inc. Web Site. Kallman Worldwide, Inc. assumes no responsibility for the use of third party software on the Kallman Worldwide, Inc. site and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.
- 5. TIMELINESS OF CONTENT
The Content displayed on the Web Site, including, but not limited to, reports and other opinions, are current as of the date appearing on the report and are subject to change without notice. Unless indicated otherwise, ratings are updated periodically by Kallman Worldwide, Inc. to reflect changes in the market and other criteria. Kallman Worldwide, Inc. does not guarantee or warrant the accuracy, timeliness, or completeness of any ratings you receive using the Web Site.
- 6. THE USER'S CONTENT
The User grants to The McGraw-Hill Companies the non-exclusive right to use all material entered into the Kallman Worldwide, Inc. Website by the User (other than third-party material transmitted through private electronic mail) in any of The McGraw-Hill Companies' print or electronic publications.
Users entering material into the Kallman Website are responsible for the content of that material. Kallman Worldwide, Inc. has NO responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Kallman Worldwide, Inc. Website. However, Kallman retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete other Content that Kallman Worldwide, Inc. deems to be illegal, offensive, or otherwise inappropriate.
You may not input or distribute any material through the Kallman Worldwide, Inc. Website that is promotional in nature, including solicitations for funds or business, without the prior written authorization of Kallman Worldwide, Inc..
The User agrees to indemnify Kallman Worldwide, Inc. from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, that Kallman Worldwide, Inc., their affiliates, employees, and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement; or (ii) material entered into the Kallman Worldwide, Inc. Website with the use of the User's screen name or password.
- 7. ADDITIONAL LEGAL TERMS
This Agreement will continue until terminated by either Kallman Worldwide, Inc. or you. Either party can terminate the Agreement by notifying the other party by telephone or electronic mail of the decision to terminate.
Kallman Worldwide, Inc. may discontinue or change the Kallman Worldwide, Inc. Website, or its availability to you, at any time.
This Agreement constitutes the entire agreement between the parties relating to the Kallman Worldwide, Inc. Website and supersedes any and all other agreements, oral or in writing, with respect to the Website. The failure of Kallman Worldwide, Inc. to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and New Jersey State, as if the Agreement was a contract wholly entered into and wholly performed within New Jersey State. All rights not expressly granted herein are reserved.
- 8. ANTI-HACKING PROVISION
You may not, nor may you allow others to, directly or indirectly, attempt or actually disrupt, impair or interfere with, alter or modify the Web Site or any Content. You may not, nor may you allow others to, directly, or indirectly, collect or attempt to collect any information about others, including passwords, account or other information.