PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS
SITE. ANY USE OF THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE
TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS
SITE IMMEDIATELY.
USER AGREEMENT
The following are terms of a legal agreement (the "Agreement") between you and
IRESE, Inc. ("IRESE") that sets forth the terms and conditions
for your use of this web site (the "Site"). The Site is owned and operated by
IRESE. This Site is being provided to you expressly subject to this Agreement.
By accessing, browsing and/or using the Site, you acknowledge that you have
read, understood, and agree to be bound by the terms of this Agreement and to
comply with all applicable laws and regulations. The terms and conditions of
this Agreement form an essential basis of the bargain between you and IRESE.
IRESE reserves the right to amend this Agreement at any time and will notify
you of any such changes by posting the revised Agreement on the Site. You should
check this Agreement periodically for changes. All changes shall be effective
upon posting. Your continued use of the Site after any change to this Agreement
constitutes your agreement to be bound by any such changes. IRESE may
terminate, suspend, change, or restrict access to all or any part of this Site
without notice or liability.
LIMITATIONS OF USE
The copyright in all material on this Site, including without limitation the
text, data, articles, design, source code, software, photos, images and other
information (collectively the "Content"), is held by IRESE or by the original
creator of the material and is protected by U.S. and International copyright
laws and treaties. You agree that the Content may not be copied, reproduced,
distributed, republished, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the express prior written consent of IRESE.
You acknowledge that the Content is and shall remain the property of IRESE.
You may not modify, participate in the sale or transfer of, or create derivative
works based on any Content, in whole or in part. The use of the Content on any
other Site, including by linking or framing, or in any networked computer
environment for any purpose, is prohibited without IRESE's prior written
approval. You also may not, without IRESE's express written permission,
"mirror" any material contained on this Site on any other server. Any
unauthorized use of any Content on this Site may violate copyright laws,
trademark laws, the laws of privacy and publicity, and communications statutes
and regulations.
You agree to use the Content and Site only for lawful purposes. You are
prohibited from any use of the Content or Site that would constitute a violation
of any applicable law, regulation, rule or ordinance of any nationality, state,
or locality or of any international law or treaty, or that could give rise to
any civil or criminal liability. Any unauthorized use of the Site, including but
not limited to unauthorized entry into IRESE's systems, misuse of passwords,
or misuse of any information posted on the Site is strictly prohibited. IRESE
makes no claims concerning whether the Content may be downloaded or is
appropriate for use outside of the United States. If you access this Site from
outside of the United States, you are solely responsible for ensuring compliance
with the laws of your specific jurisdiction. Your eligibility for particular
products or services is subject to final determination by IRESE.
Members of the IRESE Site must be U.S. Residents that are 18 years of age
or older. Children under the age of 18 are not eligible to participate in the
offerings on this website.
CONTENT AND USE RESTRICTIONS
You agree not to post, upload, publish, display, transmit, share, store or
otherwise make or attempt to make publicly available on the Site or on any other
website, or in any email, blog, forum, medium or other communication of any
kind, any private or personally identifiable information of any IRESE member
or other third party, including, without limitation, names, addresses, phone
numbers, email addresses, Social Security numbers, driver's license numbers, or
bank account or credit card numbers, whether or not such private or personally
identifiable information is displayed on or ascertainable from the Site, or
obtained or obtainable from sources unrelated to the Site (such as from a
"Google® search" or other online research).
You agree to not to use the Site or any Content to upload, post, email, transmit
or otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of commercial or non-commercial solicitation or bulk
communications of any kind to any IRESE member or other third party. In order
to protect IRESE members from such advertising or solicitation, IRESE
reserves the right to restrict the number of emails which a member may send to
other members in any 24-hour period to a number which IRESE deems appropriate
in our sole discretion. Directly contacting more than ten (10) IRESE members
with a materially identical message within a 24-hour period is presumed to be
spam and a violation of this Agreement.
PATENT INFORMATION
Technologies and processes embodied in and used by this Site are covered by one
or more IRESE U.S. patents and by other patents pending.
TRADEMARKS
IRESE (including the IRESE logo), IRESE.com, and all related logos
(collectively the "IRESE Trademarks") are trademarks or service marks of
IRESE. Other company, product, and service names and logos used and displayed
on this Site may be trademarks or service marks owned by IRESE or others.
Nothing on this Site should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any of the IRESE trademarks
displayed on this Site, without our prior written permission in each instance.
You may not use, copy, display, distribute, modify or reproduce any of the
trademarks found on the Site unless in accordance with written authorization by
us. IRESE prohibits use of any of the IRESE trademarks as part of a link to
or from any site unless establishment of such a link is approved in writing by
us in advance. Any questions concerning any IRESE Trademarks, or whether any
mark or logo is a IRESE Trademark, should be referred to IRESE.
LINKS TO THIRD-PARTY SITES
This site may contain links to web sites controlled, owned, and operated by
third parties (the "third-party sites"). IRESE cannot control and has no
responsibility for the accuracy or availability of information provided on the
third-party sites. You acknowledge that use of any third-party sites is governed
by the terms of use for those websites, and not by this Agreement. Links to
third-party sites do not constitute an endorsement or recommendation by IRESE
of such sites or the content, products, advertising or other materials presented
on such sites, but are only for your convenience and you access them at your own
risk. Such third-party sites may have a privacy policy different from that of
IRESE and the third-party site may provide less security than this Site.
IRESE is not responsible for the content of any third-party web sites, nor
does IRESE make any warranties or representations, express or implied,
regarding the content (or the accuracy of such content) on any third-party web
sites, and IRESE shall have no liability of any nature whatsoever for any
failure of products or services offered or advertised at such sites or
otherwise.
DISCLAIMER OF WARRANTIES
NONE OF IRESE, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY
THE "IRESE PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS,
RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND IRESE
DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
THIS SITE AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT
ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE
CONTENT. IRESE PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO
THIS AGREEMENT.
IRESE MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME
WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED
INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND IRESE PARTIES DO NOT
UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH
INFORMATION. IRESE RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS
OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL IRESE PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING
GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY
OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS
INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING
OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE
CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN
CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM
FAILURE, EVEN IF IRESE PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IRESE IS NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF
MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION
OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION
IS FOUND TO BE INVALID, YOU AGREE THAT IRESE PARTIES' TOTAL LIABILITY FOR ALL
DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO
THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION
You agree to indemnify and hold harmless IRESE Parties from and against any
and all claims, losses, expenses, demands or liabilities, including attorneys'
fees and costs, incurred by the IRESE Parties in connection with any claim by
a third party (including any intellectual property claim) arising out of (i)
materials and content you submit to, post to or transmit through the Site, or
(ii) your use of the Site in violation of this Agreement or in violation of any
applicable law. You further agree that you will cooperate fully in the defense
of any such claims. IRESE Parties reserve the right, at their own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, and you shall not in any event settle any such claim or
matter without the written consent of IRESE. You further agree to indemnify
and hold harmless IRESE Parties from any claim arising from a third party's
use of information or materials of any kind that you post to the Site.
MONITORING OF THE SITE
IRESE has no obligation to monitor the Site; however, you acknowledge and
agree that IRESE has the right to monitor the Site electronically from time to
time and to disclose any information as necessary or appropriate to satisfy any
law, regulation or other governmental request, to operate the Site, or to
protect itself or other users of the Site.
SUBMISSIONS TO THE SITE
All remarks, discussions, ideas, concepts, know-how, techniques, graphics or
other submissions communicated to IRESE through this Site (collectively,
"Submissions") will be deemed and remain the property of IRESE, and IRESE is
entitled to use any Submission for any purpose, without restriction or
compensation to the individual who has provided the Submission. IRESE shall
not be subject to any obligations of confidentiality regarding Submissions
except as expressly agreed by IRESE or as otherwise required by applicable
law. Nothing herein contained shall be construed as limiting IRESE's
responsibilities and obligations under its Privacy Policy.
USE OF PERSONALLY IDENTIFIABLE INFORMATION
IRESE's practices and policies with respect to the collection and use of
personally identifiable information are governed by IRESE's Privacy Policy.
AVAILABILITY
This Site is not intended for distribution to, or use by, any person or entity
in any jurisdiction or country where such distribution or use would be contrary
to applicable law or regulation. By offering this site and Content no
distribution or solicitation is made by IRESE to any person to use the Site or
Content in jurisdictions where the provision of the site and/or content is
prohibited by law.
TERMINATION
This Agreement is effective until terminated by IRESE. IRESE may terminate
this Agreement at any time without notice, or suspend or terminate your access
and use of the Site at any time, with or without cause, in IRESE's absolute
discretion and without notice. The following provisions of this Agreement shall
survive termination of your use or access to the Site: the sections concerning
Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver,
Applicable Law and Dispute Resolution, and General Provisions, and any other
provision that by its terms survives termination of your use or access to the
Site.
WAIVER
Failure by IRESE to enforce any of its rights under this Agreement shall not
be construed as a waiver of those rights or any other rights in any way
whatsoever.
APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement and all other aspects of your use of the Site shall be governed
by and construed in accordance with the laws of the United States and, to the
extent applicable, to the laws of the State of California, without regard to its
conflict of laws rules. You agree that you will notify IRESE in writing of any
claim or dispute concerning or relating to the Site and the information or
services provided through it, and give IRESE a reasonable period of time to
address it BEFORE bringing any legal action, either individually, as a class
member or representative, or as a private attorney general, against IRESE.
OTHER AGREEMENTS
This Agreement shall be subject to any other agreements you have entered into
with IRESE.
ADDITIONAL TERMS
Certain sections or pages on the Site may contain separate terms and conditions
of use, which are in addition to the terms and conditions of this Agreement. In
the event of a conflict, the additional terms and conditions will govern for
those sections or pages.
SEVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable, the
remaining provisions shall be enforced to the fullest extent possible, and the
remaining provisions of the Agreement shall remain in full force and effect.
GENERAL PROVISIONS
This Agreement supersedes any previous Terms of Use Agreement to which you and
IRESE may have been bound. This Agreement will be binding on, inure to the
benefit of, and be enforceable against the parties and their respective
successors and assigns. Neither the course of conduct between parties nor trade
practice shall act to modify any provision of the Agreement. All rights not
expressly granted herein are hereby reserved. Headings are for reference
purposes only and in no way define, limit, construe or describe the scope or
extent of such section.
COPYRIGHT COMPLAINTS
If you believe, in good faith, that any materials on the Site infringe your
copyrights, notifications of claimed copyright infringement should be sent to
IRESE's designated agent. Notification should include:
- an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material you claim is infringing is located on the
Site;
- a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or duly authorized
to act on the copyright owner's behalf.
CONTACTING US
Contact IRESE for notification of claimed copyright infringement.
If you have questions regarding the Agreement or the practices of IRESE,
please contact us.
Last Updated: January 30, 2008