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Terms of Use
Mélange Information Services, Inc. has set forth the
following terms and conditions of use (the "Terms of Use") to govern
your use of this website (www.melangeinfo.com), which shall include,
without limitation, Mélange’s publications and all content thereon and
all services provided thereby (the "Site"). By using the Site, you
signify your acceptance to these Terms of Use. If you do not agree to
the Terms of Use, please do not use this Site.
Browser Compatibility
Mélange recommends viewing this website with a minimum screen resolution
of 1024 x 768 pixels and with either Internet Explorer 5+ or Netscape
Communicator 6+. To download the latest versions of these browsers,
please visit the Microsoft or Netscape websites.
Services Available on the Site
Mélange may make certain services available to individuals who register
on the Site ("Registered Users") and general visitors to the Site
("Visitors") (referred to collectively as "Users"). For example, Users
may be able to access press releases, articles and research summaries,
register to receive an e-mail newsletter or publication, or participate
in polls or surveys. Users may also purchase for immediate download
research publications at Mélange’s online store.
Changes to the Site
Mélange reserves the right, for any reason and at any time, in our sole
discretion, to terminate, change, suspend, discontinue, or impose limits
on any aspect of the Site, including, but not limited to, content,
services, features and User access.
Proprietary Rights
Mélange is the owner and/or authorized user of any trademark, and/or
service mark appearing on the Site, and is the copyright owner of the
content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant to
anyone a license to any content, features or materials you may access on
the Site, including our trademarks, service marks, other copyrightable
material or any other intellectual property. The Site is copyrighted as
a collective work under U.S. copyright laws. Therefore, any commercial
use of the Site is strictly prohibited, except as allowed herein or
otherwise approved by us. You are permitted to reference information
contained in Mélange’s press releases, provided that you credit the
cited material to Mélange Information Services, Inc. If you make other
use of the Site, except as otherwise provided above, you may violate
copyright and other laws of the United States, other countries, as well
as applicable state laws and may be subject to liability for such
unauthorized use. You also acknowledge that Mélange may use any ideas,
concepts or other similar materials that you submit through the Site.
User Information
In the course of your use of the Site, we may ask you to provide to us
certain information about yourself ("User Information"). Mélange’s
information collection and use policies with respect to such User
Information are set forth in the Site Privacy Policy. You acknowledge
and agree that you are solely responsible for the accuracy and content
of the User Information. Unless specifically requested, Mélange does not
solicit nor does it wish to receive any confidential, secret or
proprietary information or other material from Users through the Site,
by e-mail or in any other way. You also acknowledge and agree that we
retain the right to disclose any information as necessary or appropriate
to satisfy any law, regulation or governmental request, or to protect
ourselves. We will not disclose any private electronic mail message
unless required by law. In addition, we do not knowingly collect any
information from minors. If you are under 18, please do not provide any
personal information to us.
Disclaimer of Warranties
The Site, including, without limitation, all content, functions and
materials thereon, is provided "as is," without warranty of any kind,
either express or implied, including, without limitation, any warranty
for information, data, or uninterrupted access, any warranties
concerning the availability, accuracy, usefulness, or content of
information, and any warranties of title, non-infringement,
merchantability or fitness for a particular purpose. Mélange does not
warrant that the Site or the functions, features or content contained
therein will be timely, secure, uninterrupted or error free, or that
defects will be corrected. Mélange makes no warranty that the Site will
meet users' requirements. No advice, results or information, whether
oral or written, obtained by you from Mélange or through the Site shall
create any warranty not expressly made herein. No information provided
through the Site or any of Mélange’s services should be construed as
investment advice. If you are dissatisfied with the Site or any content
or function thereon, your sole remedy is to discontinue using the Site.
Limitation of Liability
In no event shall Mélange or any of its directors, officers, employees,
agents or affiliates be liable for any and all claims, costs and
expenses, including reasonable attorneys' fees, or indirect, special,
incidental, consequential, exemplary or punitive damages arising from or
directly or indirectly related to the use of, or the inability to use,
the Site or the content, materials and functions related thereto,
including, without limitation, loss of revenue, or anticipated profits
or lost business or lost sales, even if Mélange or such individual has
been advised of the possibility of such damages. In no event shall the
total liability of Mélange to you for all damages, losses, and causes of
action (whether in contract or tort, including, but not limited to,
negligence or otherwise) arising from your use of the Site exceed, in
the aggregate, any fee you may pay to Mélange for your access to or use
of the Site.
Links to External Websites
You acknowledge and agree that Mélange has no responsibility for the
accuracy or availability of information provided by websites to which
you may link from the Site ("Linked Websites"). Links to Linked Websites
are provided as a convenience to you, and do not constitute an
endorsement by or association with Mélange of such websites or any
content, advertising or other materials presented on such websites.
Mélange does not author, edit, or monitor these Linked Websites. You
acknowledge and agree that Mélange is not responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content,
goods or services available on such Linked Websites.
Miscellaneous
The Terms of Use and the relationship between you and Mélange shall be
governed by the laws of the Commonwealth of Massachusetts , without
regard to its conflict of law provisions. You and Mélange agree that any
cause of action that may arise under this Agreement shall be commenced
and be heard in the appropriate court in the Commonwealth of
Massachusetts , Middlesex County . You and Mélange each agree to submit
to the personal and exclusive jurisdiction of the courts located within
Middlesex County in the Commonwealth of Massachusetts . The failure of
Mélange to exercise or enforce any right or provision of the Terms of
Use shall not constitute a waiver of such right or provision. If any
provision of the Terms of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms of Use
remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Site, including the Terms of Use or the
Privacy Policy, must be filed within one year after such claim or cause
of action arose or be forever barred.
Changes to the Terms of Use
We may change these Terms of Use from time to time without notice to
you, so please check this page periodically for any changes. By using
the Site following any modifications to the Terms of Use, you agree to
be bound by any such modifications to the Terms of Use.
Contacting Mélange Information Services, Inc.
If you have any questions or concerns about your use of the Site or
about these Terms of Use, please e-mail us at info@melangeinfo.com.
Copyright © 2008 by Mélange Information Services, Inc. No portion of this
website may be reprinted without express written consent of Mélange
Information Services, Inc. The writings contained with the pages of this
website do not necessarily reflect opinions of Mélange Information Services,
Inc.
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