Moody's Economy.com, Inc. Terms of Service
Effective Date: July 5, 2007
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Moody's Economy.com, Inc. ("we," "us," "our") provides the
websites known as The Dismal Scientist (www.dismal.com and
corporate.dismal.com), Consumer Flow (www.consumerflow.com),
FreeLunch (www.freelunch.com ), DataBuffet (www.DataBuffet.com ),
CREDITForecast (www.creditforecast.com ), and Moody's Economy.com
(www.economy.com ), as well as all services related to the websites
(collectively, "the Sites") subject to your compliance with the terms
and conditions set forth in this Agreement. By using any of the Sites, you
agree to be bound by these terms and conditions. If you do not agree to these
terms and conditions, you may not use the Sites.
You must be at least 13 years of age to use the Sites. If you are not at least 13
years old, you may not access or use the Sites.
This Agreement is made between Moody's Economy.com, Inc. and you, the user and/or
member of one or more of the Sites ("you"). We reserve the right at
any time to:
- Change the terms and conditions of this Agreement;
- Change the Sites, including eliminating or discontinuing any content on or feature of any of the Sites; or
- Change any fees or charges for use of the Sites.
Any changes we make will be effective seven (7) days after notice of any change is
provided to you, which may be done by means including, without limitation,
posting on the Sites or via electronic mail. Your use of the Sites after such
notice will be deemed acceptance of such changes. Be sure to review this
Agreement periodically to ensure familiarity with the most current version.
Upon our request, you agree to sign a non-electronic version of this Agreement.
You agree to comply with all applicable U.S. (federal, state and local) and non-U.S. laws, rules, and regulations in your access and use of
the Sites.
Privacy
Our policy with respect to the collection and use of your personal information is
set forth in our Privacy Policy.
Code of Conduct
While using the Sites you agree not to:
Restrict or inhibit any other visitor or member from using the Sites, including, without limitation, by means of "hacking" or "cracking" or defacing
any portion of any of the Sites;
Use the Sites for any unlawful purpose or in any unlawful manner;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Transmit or post (a) any content or information that is unlawful, fraudulent,
threatening, harassing, abusive, libelous, defamatory, obscene or otherwise
objectionable, or infringes on our or any third party's intellectual property
or other rights; (b) any material, non-public information about any person or
company without the authorization to do so; (c) any trade secret of any third
party; or (d) any advertisements, solicitations, chain letters, pyramid
schemes, investment opportunities, or other unsolicited commercial
communication (except as otherwise expressly permitted by us);
Engage in spamming or flooding;
Transmit any software or other materials that contain any virus, worm, time bomb, Trojan
horse, or other harmful or disruptive component;
Modify, adapt, create derivative works of, license, sublicense, translate, sell,
transmit, publish, distribute, reverse engineer, decompile or disassemble any
portion of the Sites;
Remove any copyright, trademark, or other proprietary rights notices contained in the
Sites;
"Frame" or "mirror" or “deep link” any part of the Sites without our prior
written authorization;
Use any robot, spider, site search/retrieval application, or other manual or
automatic device or process to retrieve, index, "data mine," “scrape,”
or in any way reproduce or circumvent the navigational structure or
presentation of the Sites or their contents;
Harvest or collect information about Site visitors or members; or
Permit anyone else to use any of the Sites through your subscription, username or
password.
Registration for Subscription Sites
To have access to the Sites, you must be or become a member. When and if you
register to become a member, you agree to (a) provide accurate, current, and
complete information as prompted by the appropriate registration form, and (b)
to maintain and update your information to keep it accurate, current, and
complete. You acknowledge that, if any information provided by you is untrue,
inaccurate, not current, or incomplete, we may terminate this Agreement and
your use of the Sites.
As part of the registration process, you will be asked to select a username and
password. We may refuse to grant you a username that impersonates someone else,
is or may be illegal, is or may be protected by trademark or other proprietary
rights law, is vulgar or otherwise offensive, or may cause confusion, or for
any other reason, as determined by us in our sole discretion. You agree not to
transfer or resell your use of or access to the Sites to any third party. If
you subscribe to the Sites and you have reason to believe that your account is
no longer secure, you must promptly change your password by updating your
account information, and immediately notify us by emailing us at help@economy.com.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND
PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE
CONDUCTED THROUGH YOUR ACCOUNT.
Disputes
Your rights to use certain material available on or
through a Site may be subject to separate written agreements with us (“Other
Agreements”). Particular pages or features of a Site with content supplied by us
or our licensors or suppliers may have different or additional terms
("Special Terms"), which will be disclosed to you when you access
those pages or features, and by accessing or using such pages and features, you
will be deemed to have agreed to the applicable Special Terms. If there is a
conflict between these Terms of Use and the Special Terms, the Special Terms
will govern with respect to such pages or features or content. In the event of
a conflict between these Terms of Use and one or more Other Agreements, the
terms of such Other Agreement(s) shall govern and control. With the exception
of any Special Terms and Other Agreements, these Terms of Use are the entire
agreement and understanding between us and you concerning the furnishing of and
use of the Sites to and by you and supersedes any and all prior understandings
or agreements.
The Dismal Scientist and Consumer Flow
You acknowledge and agree that all report, research, analysis periodical and/or
other editorial material created and published by MEDC
for use by its subscribers and/or clients generally (“Publications”) that are
furnished to you on or through the Sites
(if any) are owned and copyrighted by MEDC or its
licensors. You agree that you will not copy, use or otherwise exploit such
Publication(s) or any material contained in such Publication(s) in any manner
that infringes upon MEDC's or its licensors’
copyright rights under the Copyright Act, as amended, infringes any other
intellectual property right of MEDC or its licensors,
or violates any provision of these Terms of Use. If you wish to quote from or
make excerpts from any Publication or otherwise reuse or republish any portion
of any Publication, (i) you shall do so only to the
extent that any such action may be taken without violation of the Copyright Act
or any other applicable intellectual property law (without regard to any
permission or authorization granted by MEDC), or is
expressly authorized in writing by MEDC, (ii) you
shall provide an appropriate citation to the Publication containing the matter
quoted, excerpted or reused, and (iii) you shall not use any portion or any
Publication in connection with a prospectus or other document prepared in
connection with the offering of
securities.
Renewal
Your subscription will continue and will renew automatically unless terminated
by us in accordance with this Agreement or until you notify us of your decision
to terminate your subscription or as otherwise provided in the Other Agreement.
The appropriate annual, monthly, or similar periodic fee for your subscription
will be billed automatically at the beginning of each renewal period, unless
you cancel your subscription before the renewal period begins. The renewal
policy is not applicable to the thirty day non-subscription plan. You
agree to pay all fees and charges incurred in connection with your username and
password (including any applicable taxes) at the rates in effect when the
charges were incurred. You agree to pay all amounts due upon our demand. In the
event we have to collect unpaid amounts you owe us, you will be liable for all
attorneys' and collection agency fees.
Cancellation
You may cancel all subscriptions, including monthly subscriptions or annual
renewals, at any time but no refund will be made for unused subscription
periods unless otherwise provided in the Other Agreement.
DataBuffet
You acknowledge and agree that the structure of DataBuffet.com, the organization of
data in DataBuffet.com and the search and data
extraction mechanisms available for use in connection with DataBuffet.com
are confidential and proprietary to us. Except as may be required by law, you
shall not disclose any information concerning or relating to, or data
incorporated in, DataBuffet.com ("Raw
Data"), to any other person or organization whatsoever, and you shall
exercise all reasonable precautions to preserve the confidentiality of Raw
Data. In addition, you shall not use or exploit (including, without limitation,
exploitation by re-publishing) any Raw Data or information obtained from DataBuffet.com except for your own internal purposes in
connection with your business. Notwithstanding the foregoing, you may use Raw
Data and information obtained from DataBuffet.com in
a manner that is supportive and incidental to other publications and reports
which may be made available to your customers or to the general public, so long
as (A) such Raw Data or information is used as the basis for analysis,
explication or prediction and not in any manner competitive with or as a
substitute for any product or service provided by us or our affiliates (as for
example but not limitation by including such data in any database made
available by you to your customers), (B) the publications and reports
containing such data contain appropriate citations identifying both the Moody’s
Economy.com Database and the Source from which such data or information was
obtained for inclusion in the Moody’s Economy.com Database; provided, however, that
you shall not be required to provide a citation to the Moody’s Economy.com
Database if the data and/or information used in any such report or submission
is available from any state, federal or other publicly-available data source, (C) notice of your copyright to the
publications and reports containing such data is reproduced thereon, (D) you do
not regularly grant your customers or members of the public the right to use
any portion thereof in a manner not constituting fair use under the Copyright
Act, and (E) such Raw Data or information is not used in connection with a
prospectus or other document prepared in connection with the offering of
securities.
CreditForecast.com Service
You acknowledge that the CreditForecast.com service is a product jointly developed by Moody’s Economy.com and Equifax Information Services LLC (“Equifax”). To the extent you access or use the CreditForecast.com service, you represent and warrant that you will not use any information and material obtained from the CreditForecast.com service (“CreditForecast.com Information”) to take adverse action, as defined in Regulation B under the Equal Credit Opportunity Act (15 U.S.C Section 1691 et seq.) (the “ECOA”), against any applicant for credit in any manner that would be prohibited by the ECOA or Regulation B, or otherwise in violation of any applicable law, rule, or regulation, including but not limited to the Fair Credit Reporting Act. You further represent and warrant that you will use the CreditForecast.com service only for the purpose of (i) effecting, administering, or enforcing consumer requested or authorized transactions, (ii) servicing or processing consumer requested or authorized financial products or services, or (iii) required institutional risk control. You hereby agree to indemnify, defend and hold Moody’s Economy.com, Equifax, their respective affiliates, and all of their officers, directors, employees, agents, representatives, successors, and assigns harmless from and against any costs, liabilities, damages or losses (including attorneys’ fees and costs of litigation) which relate to a breach of your representations or warranties herein.
You further acknowledge and agree that you will not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the CreditForecast.com service or CreditForecast.com Information in any way, (ii) modify or make derivative works based upon the CreditForecast.com service or the CreditForecast.com Information, (iii) reverse engineer or access the CreditForecast.com service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, or functions of the Service, or (c) copy any ideas, features or functions of the CreditForecast.com service.
Case-Shiller® Home Price Index service
You acknowledge that the Case-Shiller® Home Price Index ("CSI") service is a product jointly developed by Fiserv Lending Solutions and Moody's Economy.com. To the extent that you access or use the CSI service, you represent and warrant that you will not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the CSI or any information and/or materials contained therein ("CSI Information") in any way, (ii) modify or make derivative works based upon the CSI service or the CSI Information, (iii) build financial derivatives using the CSI service or CSI Information; or (iv) reverse engineer or access the CSI service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, or functions of the CSI, or (c) copy any ideas, features or functions of the CSI service. You hereby agree to indemnify, defend and hold Moody's Economy.com, Fiserv Lending Solutions, their parents, subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, representatives, successors, and assigns harmless from and against any costs, liabilities, damages or losses (including attorneys' fees and costs of litigation) which relate to a breach of your representations or warranties herein.
Agreement for Use of The Conference Board® Data: The Conference Board® US Consumer Confidence
Before you may access and use the materials set forth in The Conference Board,
Inc. databases ("The Conference Board Databases") furnished on this
service by us, you must first read, and then agree to the terms and conditions
of these Terms of Use.
Your access and use of The Conference Board Databases furnished by us on this
service is governed by the Data License and Electronic Distribution Agreement
between us and The Conference Board, and these Terms of Use.
The Conference Board Databases are protected by copyright. The Conference Board
does not claim copyright as to any part of original work prepared by a U.S.
Government officer or employee as part of that person's official duties. The
Conference Board acknowledges transfer of responsibility from the U.S.
Department of Commerce for the "Cyclical Indicators" pursuant to U.S.
Contract No. 52-SABA-5-00128.
THE CONFERENCE BOARD and Torch design are registered trademarks of The
Conference Board, Inc. The Conference Board is and shall continue to be the
owner of The Conference Board Databases, and all rights therein, and you agree
not to contest, at any time, the validity of The Conference Board's rights,
including its copyrights and trademarks, in them.
You will use The Conference Board Databases only for your private internal business
and research purposes. You may reproduce only a limited amount of The
Conference Board Databases for business and research documents or similar work
product, provided that: (a) you do not intend to derive revenue or in kind
value as a direct result of such use of The Conference Board Databases; and (b)
you credit The Conference Board as the source of The Conference Board Databases
and the information and data contained in them in an appropriate footnote,
endnote or parenthetical reference as follows: "Source: The Conference
Board" and include the appropriate copyright notice as set forth in The
Conference Board Databases. You shall not under any circumstances otherwise
furnish or make available The Conference Board Databases to any other party.
You shall be responsible for your employees' full performance and compliance with
these Terms of Use.
The Conference Board Databases may contain materials obtained under contract from
third party sources. Third party materials may be protected by copyright, and
you must not use these materials in any way that infringes third party
copyrights. To use third party materials, you must obtain permission from the
third party source, comply with the restrictions on distribution, access and
use contained in these Terms of Use, and include appropriate credit and
copyright notice in a footnote, endnote or parenthetical reference.
IN ADDITION TO OUR DISCLAIMERS BELOW, THE CONFERENCE BOARD MAKES NO REPRESENTATION
OR WARRANTY WITH RESPECT TO THE CONFERENCE BOARD DATABASES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE OR INTENDED USE HAS
BEEN DISCLOSED), COMPLETENESS, ACCURACY, TIMELINESS OR CORRECTNESS. THE
CONFERENCE BOARD DOES NOT WARRANT THAT THE AVAILABILITY OF THE CONFERENCE BOARD
DATABASES WILL BE UNINTERRUPTED OR ERROR FREE.
You accept the right to access and use The Conference Board Databases on an AS
IS basis. The Conference Board shall in no case be responsible for human and/or
machine error, however caused.
THE CONFERENCE BOARD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND
ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS, INJURY,
CLAIM, LIABILITY OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO USE OF THE
CONFERENCE BOARD DATABASES BY YOU OR ANY OTHER PARTY (REGARDLESS OF WHETHER YOU
RECEIVED ANY ASSISTANCE FROM THE CONFERENCE BOARD'S EMPLOYEES IN USING THEM),
INCLUDING, BUT NOT LIMITED TO: (A) ANY ERRORS IN OR OMISSIONS IN THE CONFERENCE
BOARD DATABASES; (B) THE UNAVAILABILITY OR INTERRUPTION OF THE CONFERENCE BOARD
DATABASES; (C) YOUR USE OF ANY EQUIPMENT IN CONNECTION WITH THE CONFERENCE
BOARD DATABASES; (D) THE CONTENT OF THE CONFERENCE BOARD DATABASES; OR (E) ANY
DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONFERENCE BOARD'S REASONABLE
CONTROL. IN NO EVENT SHALL THE CONFERENCE BOARD, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SUCCESSORS, AND
ASSIGNS BE LIABLE IN CONTRACT, WARRANTY, TORT NEGLIGENCE OR OTHERWISE TO YOU OR
ANY OTHER PARTY FOR ANY LOST PROFITS OR LOSSES OR FOR ANY PUNITIVE, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT THE POSSIBILITY OF SUCH
DAMAGES HAS
BEEN DISCLOSED. IN THE EVENT OF ANY CLAIM ARISING OUT OF OR RELATING TO USE OF
THE CONFERENCE BOARD DATABASES BY YOU OR ANY OTHER PARTY, THE CONFERENCE
BOARD'S ENTIRE LIABILITY (AND
YOUR AND
ANY OTHER PARTY'S EXCLUSIVE REMEDY) SHALL BE LIMITED TO THE AMOUNT YOU HAVE
PAID US TO ACCESS AND
USE THE CONFERENCE BOARD DATABASES
In addition to all other remedies available to The Conference Board and us, The
Conference Board shall have the right to terminate your access and use of The
Conference Board Databases following your breach of any term or condition of
these Terms of Use.
Agreement for Use of Lundquist Consulting's Bankruptcy Filings Data:
TITLE TO DATABASE: Your right to use the Bankruptcy Database, or the information
contained therein, is personal to, and non-assignable by, you. Upon termination
or expiration of the license granted hereunder, you shall destroy all copies
of, and excerpts and extracts from the Bankruptcy Database in your possession.
PERMISSIBLE USE: You may use aggregated data from the Bankruptcy Database for publication
to your clients according to the limitations set forth in these Terms of Use.
Each publication must quote "Lundquist Consulting, Inc." as the data
source.
Pricing Information
Current rates for our Services may be obtained by calling our Customer Service
Department at 866.275.3266. We reserve the right to change fees, surcharges,
monthly or other periodic subscription fees or to institute new fees at any
time as provided in this Agreement.
Copyrights, Trademarks and Limitations on Use
The information available through the Sites is the property of, and copyrighted in
the name of, Moody's Economy.com, Inc. and/or its licensors and is protected by
copyright and other intellectual property laws. Information received through
the Sites may be displayed, reformatted and printed for your personal, internal
use only. You may not reproduce, retransmit, distribute, disseminate, sell,
publish, broadcast or circulate the information received through the Sites to
anyone, including but not limited to others in the same company or organization,
without our express prior written consent.
The trademarks and service marks ("Marks") used on the Sites are owned or
used under license by us. You may not use any Mark without our prior written
permission.
The Sites include facts, views, opinions and recommendations of individuals and
organizations deemed of interest. We do not guarantee the accuracy,
completeness or timeliness of, or otherwise endorse, these views, opinions or
recommendations.
You use the Internet solely at your own risk and subject to all applicable local,
state, national, and international laws and regulations. While we have
endeavored to create secure and reliable Sites, please be advised that the
confidentiality of any communication or material transmitted to/from the Sites
over the Internet cannot be guaranteed. Accordingly, we and our licensors and
suppliers are not responsible for the security of any information transmitted
via the Internet, the accuracy of the information contained on the Sites, or
for the consequences of any reliance on such information. We and our licensors
and suppliers shall have no liability for interruptions or omissions in
Internet, network or hosting services. You assume the sole and complete risk of
using the Sites.
Actual or attempted unauthorized use of the Sites may result in criminal and/or civil
prosecution. For your protection, we reserve the right to view, monitor, and
record activity on the Sites without notice or further permission from you. Any
information obtained by monitoring, reviewing, or recording is subject to
review by law enforcement organizations in connection with the investigation or
prosecution of possible criminal activity on the Sites. We will also comply
with all court orders involving requests for such information.
You expressly absolve and release us and our licensors and suppliers from any claim
of harm resulting from a cause beyond our or their control, including, but not
limited to, the failure of electronic or mechanical equipment or communication
lines, telephone or other interconnect problems, computer viruses, unauthorized
access, theft, operator errors, severe weather, earthquakes, or natural
disasters, strikes or other labor problems, wars, terrorism or governmental
restrictions.
Communications
You agree that we may send you electronic mail for the purpose of informing you of
changes or additions to the Sites.
Investment Advice
The Sites do not give investment advice, or advocate the purchase or sale of any
security or investment. Any investment information provided on the Sites is for
general informational purposes only.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA")
provides recourse for copyright owners who believe that material appearing on
the Internet infringes their rights under U.S. copyright law. If you believe in
good faith that materials hosted by the Sites infringe your copyright (for
example, materials posted to a Message Board), you (or your agent) may send us
a notice requesting that the material be removed, or access to it blocked. If
you believe in good faith that a notice of copyright infringement has been
wrongly filed against you, the DMCA permits you to
send us a counter-notice. Notices and counter-notices must meet the
then-current statutory requirements imposed by the DMCA;
see http://www.loc.gov/copyright/>
for details. Notices and counter-notices with respect to the Sites should be
sent to Copyrights, Moody's Economy.com, Inc., 121 North Walnut Street, Suite
500, West Chester, PA 19380-3166, telephone 610.235.5000. We suggest that you
consult your legal advisor before filing a notice or counter-notice. Also, be
aware that there can be penalties for false claims under the DMCA.
Links to Other Websites
The Sites may contain links to other Internet websites or resources. We neither
control nor endorse such other websites, nor have we reviewed or approved any
content that appears on such other websites. You acknowledge and agree that we
shall not be held responsible for the legality, accuracy, or inappropriate
nature of any content, advertising, products, services, or information located
on or through any other websites, nor for any loss or damages caused or alleged
to have been caused by the use of or reliance on any such content.
Disclaimer of Warranties; Limitation of Liability; Correction of Erroneous Data
We have obtained all Raw Data and information which is furnished to you under these
Terms of Use from sources believed by us to be reliable. Because of the possibility
of human and mechanical error as well as other factors, however, all Raw Data and
other information and materials provided to you hereunder (collectively,
“Information”) is provided
"AS IS” without warranty of any kind,
and
WE (AND OUR LICENSORS AND SUPPLIERS), IN PARTICULAR, MAKE NO REPRESENTATION OR WARRANTY,
EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY,
TIMELINESS, COMPLETENESS,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE OF ANY SUCH INFORMATION. Neither we nor our licensors or suppliers shall
be liable to you or any other person in any manner for any errors or
deficiencies contained in the Information, or any other circumstance or
contingency within or outside our control or any of our directors, officers, employees
or agents, or licensors, in connection with the procurement, collection,
compilation, analysis, interpretation, communication, publication or delivery
of any Information. Although we do not warrant that any Information furnished
to you shall be free of errors, we agree to use reasonable efforts to replace
any inaccurate or erroneous data supplied to you with corrected data. You agree
and acknowledge that no oral or written information or advice given by us or
any of our employees or agents shall constitute a representation or a warranty
unless such information or advice is incorporated in a written agreement signed
by both parties. We make no representation that
materials in any of the Sites are appropriate or available for use in any
particular locations, and access to them from territories where any of the
contents of a Site are illegal is prohibited. If you choose to access a Site from such
locations, you do so on your own volition and are responsible for compliance
with any applicable local laws. You expressly agree that the foregoing limitation of
remedies and liabilities is an essential part of these Terms of Use and accept
the foregoing limited warranty and exclusions and assume all risks relating to your
use of the Information.
WE AND OUR LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO
LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE),
HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT OR OTHER
ACTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF
THE POSSIBILITY THEREOF. In no event
shall our or our licensors’ aggregate liability arising from these Terms of Use,
regardless of the cause of the loss or injury and regardless of the legal right
claimed to have been violated, exceed the greater of (a) the aggregate fees and
charges paid by you to us during the twelve month period immediately preceding
the date on which the relevant claim accrued, or (b) U.S. $100. You acknowledge
and agree that the foregoing limitations of liability are an essential part of
these Terms of Use.
Evaluation
If you have been granted access to the Sites in order to evaluate the Information available through the Sites for possible procurement of a license, you acknowledge and agree that you will use the Sites only internally and solely for the purpose of evaluating the Sites during the Evaluation Period. The "Evaluation Period" shall commence on the first day you are granted access to the Sites for evaluation purposes and continue for 30 days thereafter. You agree to discontinue all access and use of the Sites at the end of the Evaluation Period, unless you have obtained a paid license or subscription from Moody's Economy.com for the continuing access and use of the Sites. In the event you decide not to obtain a license to access and use the Sites at the end of the Evaluation Period, you agree that you will promptly purge all Information furnished to you through the Sites that has been stored in your computer systems, databases, or any data storage facilities owned or under your control, delete any passwords that allowed you to access the Sites for evaluation purposes, and cease using all Information obtained as part of the evaluation.
Submissions and Postings
We host Message Boards and other forums on the Sites and therefore redistribute
materials you give us. By sending or transmitting to us creative suggestions,
ideas, notes, concepts, information, or other materials (collectively,
"Materials"), or by posting such Materials to any area of the Sites,
you grant us and our designees a worldwide, non-exclusive, sub-licensable
(through multiple tiers), assignable, royalty-free, perpetual, irrevocable
right to use, reproduce, distribute (through multiple tiers), create derivative
works of, publicly perform, publicly display, digitally perform, make, have
made, sell, offer for sale and import such Materials in any media now known or
hereafter developed, for any purpose whatsoever, commercial or otherwise,
without compensation to the provider of the Materials. None of the Materials
disclosed in Message Boards or other forums shall be subject to any obligation,
whether of confidentiality, attribution, or otherwise, on our part and we shall
not be liable for any use or disclosure of any Materials.
Violation of Terms of Use
We reserve the right to seek any and all remedies available to us to address
violations of these Terms of Use without advance notice to you, including
without limitation, blocking or limiting access to the Sites. We also reserve
the right to seek all remedies available at law and in equity for violations of
these Terms of Use.
Indemnification
You agree to indemnify and hold harmless us, our licensors and suppliers, all of
their respective affiliates, and all of their respective officers, directors,
employees, shareholders, legal representatives, agents, successors and assigns,
from and against any damages, liabilities, costs and expenses (including
reasonable attorneys’ and professionals' fees and court costs) arising out of
any third party claims based on or related to your use of the Sites or any
breach by you of these Terms of Use.
Governing Law
The laws of the Commonwealth of Pennsylvania, USA,
without regard to conflicts of law principles, shall govern any disputes
arising from or related to these Terms of Use, or your visit to our Sites or
use of the Sites. The federal and state courts of the Commonwealth of
Pennsylvania shall have exclusive jurisdiction over any such disputes. If any
provision of these Terms of Use is found to be unlawful, void or otherwise
unenforceable, that provision shall be deemed severed and the validity or
enforceability of the remaining provisions of these Terms of Use shall be
unaffected.
Acknowledgement and Agreement
You hereby acknowledge that you have read these Terms of Use, understand them and
agree to be bound by theirs terms and conditions, and that these Terms of Use
may be executed by clicking “I AGREE” below. You also hereby acknowledge that
you have read and understand the Privacy Policy and that by clicking “I AGREE”
you consent to our use of your Personal Data as set out therein (including,
with respect to Users resident in the European Union, the transfer of your
Personal Data outside the European Economic Area):
We will retain a copy of the User Agreement and Privacy Policy to which you
agreed via e-mail at the time of your registration. If you would like a copy of either document
e-mailed or sent to you at a later date, please contact:
Moody’s Economy.com, Inc.
121 North Walnut Street
Suite 500
West Chester, PA 19380
Phone: 610.235.5299
E-mail: help@economy.com
If you choose to contact us via e-mail regarding these Terms of Use or the Privacy
Policy, respectively, please mark the subject heading of your e-mail “Terms of
Use Inquiry” or “Privacy Inquiry”.