We reserve the right to change these Terms & Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms & Conditions on this Site. We may not necessarily provide you with notice of any change to these Terms & Conditions, other than posting the new Terms & Conditions on the Site. By continuing to use the Site after we post any such changes, you accept the Terms & Conditions, as modified. These Terms & Conditions, as amended from time to time, form a legally binding agreement between you and us in relation to your use of the Site and the services we provide to you. It is important that you take the time to read them carefully.
- Binding Arbitration. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATE. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL, AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
- License and Terms.
A. General License. The Site and all the materials (including without limitation, text, news, information, data, music, audio, photos, videos, other images and content) available on the Site are our property or the property of our affiliates or licensors, and are protected by copyright, trademark, and/or other intellectual property laws. The Site is provided solely for your personal noncommercial use, subject to the provisions of these Terms & Conditions. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of these rights or has not been authorized by us. More specifically, unless explicitly authorized in these Terms & Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, rent, license, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. Nothing in these Terms & Conditions gives you a right to use any of our trademarks, service marks, logos, domain names, and other distinctive features. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You also agree not to remove, obscure or alter any proprietary rights notices which are affixed to or contained within the Site.
B. No granting of ownership or other proprietary rights. Nothing in these Terms & Conditions shall constitute a grant to you of any ownership or other proprietary rights of any TNM technology, or any components of either, other than the right and license to use as expressly granted herein. Any proprietary content or data (including, but not limited to, data on the TNM website) may be used by you only as that data is integrated within any TNM website, document, report, other information delivery system. If you infringe upon any of the rights contemplated in this Section, TNM, in addition to other remedies, may immediately revoke any license granted.
- Services and Features. It is a condition of your use of the Site and/or other TNM technologies that you do not:
- Use the Site and/or other TNM technology in violation of any local, national or international law, generally accepted practices or guidelines, or these Terms & Conditions, including without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
- Restrict or inhibit any other user from using and enjoying the services or features of the Site and/or other TNM technology.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content displayed by, or transmitted over, or through the Site and/or other TNM technology.
- Use the Site and/or other TNM technology to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site and/or other TNM technology or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site and/or other TNM technology.
- Use the Site and/or other TNM technology to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain, or attempt to gain, unauthorized access to the Site and/or other TNM technology, or any account, computer system, or network connected to the Site and/or other TNM technology, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site and/or other TNM technology.
- Use the Site and/or other TNM technology to post or transmit any unlawful, threatening, tortuous, abusive, libelous, defamatory, obscene, hateful, racially or ethnically objectionable, vulgar, pornographic, profane or indecent or objectionable information of any kind or in any way, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the Site and/or other TNM technology to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site and/or other TNM technology to post or transmit any information, software or other material that contains a virus, malicious code, Trojan horse, tracking technologies, or other harmful component.
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.
- Use the Site and/or other TNM technology to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Site and/or other TNM technology to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather, harvest, or otherwise collect for marketing purposes any email addresses or other personal information that has been posted by other users of the Site and/or other TNM technology.
- Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TNM OR ITS BOARD MEMBERS, EMPLOYEES, DONORS, VOLUNTEERS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION, OR ANY LOSS OF DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR TNM TECHNOLOGY, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, AND THE FOREGOING SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF TNM’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE TNM TECHNOLOGY, ANY MATERIALS, PRODUCTS, OR SERVICES, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS AS SET FORTH HEREIN. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS & CONDITIONS OR OF YOUR USE OF THE TNM TECHNOLOGY MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. TNM aggregate liability to you on any and all claims or actions whatsoever under or relating to this Agreement, if any, shall be limited to the total fees, if any, paid by any user or TNM under an Agreement for the twelve (12) month period preceding the time of the claim of action. TNM will not be liable to any user for any failures of services (including, but not limited to, the loss of data, business interruption or use of any TNM technology) at any time or for any length of time during the Term or be liable to any user for any indirect, special, incidental or consequential damages in connection with the use or delivery of any TNM technology or any services provided to any user under an Agreement.
- Indemnification by Users. You acknowledge that you will control all of your access to the TNM technology licensed by this Agreement and thus agree to indemnify, hold harmless and defend TNM from and against any and all third party claims and actions arising out of or in connection with your use of any TNM technology (including, but not limited to, claims and actions related to any data, personal information or content used, provided, collected, or distributed by you on or through any TNM technology) and for breach of this Agreement or any other misuse of this Site or any TNM technology. You agree to defend, indemnify and hold TNM harmless from any and all claims, damages, costs, and expenses, including attorney’s fees arising from and related to your use of this Site.
- Disclaimer of Warranty. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, TNM MAKES NO WARRANTIES REGARDING THE SITE, TNM TECHNOLOGY, ITS SERVICES OR INFORMATION COLLECTED FOR OR PROVIDED TO ANY USER UNDER THESE TERMS & CONDITIONS OR ANY AGREEMENT, OR THIRD PARTY SERVICES DESCRIBED OR MADE AVAILABLE ON THE SITE. TNM DISCLAIMS AND YOU HEREBY WAIVE ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING OR RELATING TO ANY TNM TECHNOLOGY OR ANY SERVICES PROVIDED TO ANY USER UNDER THESE TERMS & CONDITIONS OR ANY AGREEMENT, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. TNM DOES NOT WARRANT THAT THE SITE, TNM TECHNOLOGY OR ITS PRODUCTS OR SERVICES (OR THOSE OF ANY THIRD PARTIES DESCRIBED OR MADE AVAILABLE ON THE SITE) WILL ACHIEVE ANY SPECIFIC RESULTS, SATISFY YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR ERROR, OR BE SECURE FROM TAMPERING, THEFT, DESTRUCTION FROM CYBER CRIMINALS, HACKERS OR COMPUTER VIRUSES.
- Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
- General Provisions. These Terms & Conditions shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. User shall not assign any of its rights or delegate any of its obligations under this Agreement, without the prior written consent of TNM, whose consent shall not be unreasonably withheld; insistence on credit-worthiness and proper legal standing of the assignee shall not be considered unreasonable. These Terms & Conditions and any Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Illinois and all monetary references shall be to US Dollars. The parties bear the relationship to each other of independent contractors, and nothing in this Agreement shall be deemed to create a partnership, joint venture, or agency relationship between them, nor shall either party have the power or authority by virtue of these Terms & Conditions or any Agreement to bind the other. Neither party will incur any liability to the other party for any loss or damage resulting from the other party’s delay or failure to perform any obligations under these Terms & Conditions or any Agreement, other than a payment obligation, if such delay or failure is caused by events or causes beyond the control and without negligence of the parties, including, but not limited to, acts of God, acts of any government, terrorism, war or other hostility, the elements, earthquakes, fires, explosions, power failures, equipment failures, industrial or labor disputes, riots, strikes, lockouts, and the like. In the event that any provision of these Terms & Conditions shall for any reason be held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of these Terms & Conditions shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing. The forbearance of either party in enforcing any provision of these Terms & Conditions or the acceptance of any payment after breach shall not constitute a waiver of the breach or of the right to insist upon compliance with such provision at a later time. These Terms & Conditions contain the entire agreement of the parties with respect to its subject matter, and it supersedes all prior and contemporaneous agreements, representations, warranties, and understandings of the parties regarding the same matter.