All pages copyright 2006 IntelliStance LLC dba MarketStance (“MarketStance”). All rights reserved.
These Terms of Use govern your access and use of this MarketStance web site and its related sites (collectively, the “MarketStance Site”). Please read these Terms of Use carefully before using the MarketStance Site. By using the MarketStance Site, you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use the MarketStance Site.
These Terms of Use are in addition to the specific terms and conditions that apply to the products or services offered by MarketStance.
As a condition of your use of the MarketStance Site, you will not use the MarketStance Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MarketStance Site in any manner that could damage, disable, overburden, or impair any MarketStance server, or the network(s) connected to any MarketStance server, or interfere with any other party's use and enjoyment of the MarketStance Site. You may not attempt to gain unauthorized access to any MarketStance Site, other accounts, computer systems or networks connected to any MarketStance server or to any of the MarketStance Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the MarketStance Site.
MarketStance does not warrant the accuracy, completeness or timeliness of any of the data and/or programs (“Information”) available at this MarketStance Site. The Information is provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
You hereby acknowledge that: (1) the Information available at this MarketStance Site constitutes copyrighted or proprietary material and trade secrets of substantial value to MarketStance; (2) no ownership of proprietary rights in the Information is conveyed by these Terms of Use; and (3) your rights to the Information are limited to those specifically granted in these Terms of Use. You may not transfer, sell, lend, license or sublicense access to the Information available at this MarketStance Site or any portion thereof to any third party.
In no event will MarketStance or its affiliates be liable to any party for any direct, indirect, special, consequential or other damages for any use of or reliance upon the Information found at this Web Site, or on any other linked web site, including, without limitation, lost profits, business interruption, loss of programs or other data, even if MarketStance is expressly advised of the possibility of such damages.
You may be able, through hypertext or other computer links, to gain access to other sites on the Internet that are not part of the MarketStance Site. MarketStance makes no representations, warranties or endorsements with respect to any web site that may be accessed from a MarketStance Site. When you access a non-MarketStance site, please understand that MarketStance has no control over the content or information at that site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other items of a destructive nature.
MarketStance, the MarketStance logo and the MarketStance products referenced in a MarketStance Site are either trademarks, service marks, registered trademarks, copyrights or other intellectual property of MarketStance or its affiliates (“MarketStance IP”). Other products and company names mentioned in a MarketStance Site may be the intellectual property of their respective owners. You may not use any MarketStance IP without the consent of MarketStance. You may not use, frame or utilize framing techniques to enclose any MarketStance IP, including the images found at this MarketStance Site, the content of any text or the layout/design of any page or form contained on a page without MarketStance’s consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any MarketStance IP or the intellectual property of any third party.
You may not robotically or otherwise automatically harvest information from a MarketStance Site.
MarketStance has the right to amend these Terms of Use at any time and without notice to you. Such amendments shall be effective immediately upon posting. You agree to review the MarketStance Site periodically to be aware of any such amendments. Your continued use of a MarketStance Site after such amendments have been made shall constitute acceptance of the amendments.
No part of the MarketStance Site may be reproduced, modified, or distributed in any form or manner without the prior written permission of MarketStance.
You may access MarketStance’s Privacy Policy from the MarketStance Site.
Through this MarketStance Site you may be able to access information provided by Dun & Bradstreet (“D&B Information”). You agree to the End-User Terms for use of any D&B Information.
1. You (the End-User) acknowledge that all information (the "D&B Information") furnished by D&B through its distributors or authorized resellers is licensed for the exclusive use of End-Users. Regardless of the form or format in which the D&B Information is furnished, none of the D&B Information may be made available in whole or in part to any third party. You agree that you will not duplicate any magnetic tapes, disks, diskettes and other machine readable media in any form or manner whatsoever, except that you may make one copy solely for backup purposes. You are expressly prohibited from using the D&B Information as a factor in establishing an individual's eligibility for (i) credit or insurance to be used primarily for personal, family or household purposes, or (ii) employment. You agree not to use the D&B Information to engage in unfair or deceptive practices.
2. You agree to indemnify, defend and hold harmless D&B from any claim or cause of action against D&B arising out of or relating to use of the D&B Information by (i) individuals or entities which have not been authorized by this Agreement to have access to and/or use the D&B Information and (ii) you, which use may be in violation of your license.
3. Where D&B Information is stated to be for one-time use, you agree to use the D&B Information to generate a single mailing or telephone solicitation campaign, and for no other purpose. Except for D&B Information furnished for a one-time use, D&B Information furnished hereunder may be used throughout the continuous 12-month period commencing thirty (30) days from the signing of this Agreement. You represent and warrant that your use of any D&B Information shall in all cases comply with all applicable federal, state and local laws and regulations and that all mail or other marketing programs using any D&B Information shall conform to generally recognized standards of high integrity and good taste.
4. You acknowledge that D&B and its third party information providers make no representations or warranties of any kind with respect to the D&B Information, including but not limited to, the accuracy, completeness, timeliness, merchantability or fitness for a particular purpose of the D&B Information or of the media on which the D&B Information is provided and you agree that D&B and its third party information providers shall not be liable to you for any loss or injury arising out of or caused, in whole or in part, by D&B's negligent acts omissions in procuring, compiling, collecting, interpreting, reporting, communicating or delivering the D&B Information.
5. You agree that D&B and its third party information providers will not be liable for consequential damages, even if advised of the possibility of such damages. You also agree that D&B's and its third party information providers' aggregate liability, if any, for any and all losses or injuries to you arising out of any acts or omissions of D&B in connection with a particular order or service, regardless of the cause of the loss or injury (including negligence) and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed the amount paid by you for the D&B Information furnished pursuant to such order or service or $5000, whichever is greater, and you covenant and promise not to sue D&B for an amount greater than such sum. You also agree to give D&B immediate written notice of all actions, claims, losses or damages arising out of the licensing or use of the D&B Information.
6. You acknowledge and agree that the D&B Information is proprietary to D&B and comprises: (a) works of original authorship, including compiled information containing D&B's selection, arrangement and coordination and expression of such information or pre-existing material it has created, gathered or assembled; (b) confidential and trade secret information; and (c) information that has been created, developed and maintained by D&B at great expense of time and money, such that misappropriation or unauthorized use by others for commercial gain would unfairly or irreparably harm D&B. You agree that you will not commit or permit any act or omission by your agents, employees, or any third party that would impair D&B's copyright or other proprietary and intellectual rights in the D&B Information. You will not use any D&B trade names, trademarks, service marks or copyrighted materials in listings or advertising in any manner without the prior written approval of D&B. You shall reproduce D&B's copyright notice and proprietary rights legend on all authorized copies of such D&B Information.
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