Terms and Conditions
This website is provided by Information Builders, Inc. (ibi) of 11 Penn Plaza, 8th Floor, New York, NY 10001 (“Information Builders” “we” and “our”). By using this website you consent to the terms and conditions below. These terms and conditions govern your use of this website and any other Information Builders websites that link to these terms and conditions (the “Websites”). You agree to these terms and conditions and to our Privacy Statement by using or logging into the Websites.
While reasonable care is taken to ensure that the information contained on the Websites is accurate, we cannot guarantee its accuracy and we reserve the right to change the information on the Websites (including these terms and conditions) at any time without notice. You must check these terms and conditions for changes each time you intend to use the Websites.
Information Builders provides the Websites on an “as is” and “as available” basis and makes no representations or warranties of any kind with respect to the Websites or the content contained on them (including any text, graphics, advertisements, measurements, links or other items) and disclaims all such representations and warranties. Opinions expressed on the Websites are not statements of fact. In addition, neither we nor any other contributor to the Websites makes any representation or gives any warranty, condition, undertaking or term either express or implied as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses of the content contained on the Websites or that such content will be accurate, up to date, uninterrupted or error free.
2. Use of the Websites
Do not use the Websites in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the website or any features on the website (including any technological measures Information Builders employs to enforce these Terms). If Information Builders determines that you have acted inappropriately, we reserve the right to prohibit you from using the Websites, and take appropriate legal actions.
3. Modifications and Termination
Information Builders reserves the right to modify the Websites at any time, with or without notice to you. If you don’t like any changes, you can stop using our Websites at any time.
You agree to indemnify and hold harmless Information Builders and its affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, your use of the Websites and/or any actual or alleged breach of these terms and conditions by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
5. Warranty Disclaimer; Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE USE TO WHICH YOU PUT THE WEBSITES AND ALL THE RESULTS AND INFORMATION YOU OBTAIN FROM IT AND THAT ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, REPRESENTATIONS AND TERMS WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE AND ALL CONTRIBUTORS TO THE WEBSITES HEREBY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL LIABILITY FOR ANY LOSS OR DAMAGE INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT LOSS OR DAMAGE (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) INCURRED BY YOU AND ANY SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, AND ARISING OUT OF OR IN RELATION TO OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE WEBSITES, AND WHETHER FORESEEABLE OR NOT.
You understand and agree that we have set our prices and entered into these terms and conditions with you in reliance upon the limitations of liability set forth in these terms and conditions, which allocate risk between us and form the basis of a bargain between the parties.
6. Intellectual Property
The copyright in the Websites and their content belong to Information Builders. You may not make a permanent copy of or reproduce the Websites or any of its contents in any form. You may not reproduce or incorporate the Websites or any of its contents into any other website. You may only print or cache temporary copies of the content for your own personal non-commercial use.
Information Builders welcomes links to this site from relevant third party websites. However, if requested in writing by Information Builders, links must be removed within 24 hours.
Information Builders and the Information Builders logo are trademarks registered in the name of Information Builders and/or its affiliates around the world. Reproduction of these trademarks other than in order to view the Websites is prohibited. Nothing on this site should be construed as granting any license or rights to use or distribute any site content without express written agreement.
7. Interruptions and Omissions in This Service
While we take every care to ensure that the standard of the Websites remains high and to maintain the continuity of it, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate the Websites (or any particular part of it).
If any part of our terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
The Websites contain links to third party websites over which Information Builders has no control. Information Builders assumes no responsibility for the content of third party websites or for any losses which may arise out of use of a third party website. The presence of a link to a third party does not necessarily mean that Information Builders endorses that site or has or has not any association with the proprietor of that website.
10. Governing Law
These terms and conditions and your use of the Websites are governed exclusively by New York law, without giving effect to any conflict of laws rules or provision, and, subject to Section 11 below, any disputes arising from or in connection with these terms and conditions and your use of the Websites shall be subject to the exclusive jurisdiction of the federal and state courts of New York, New York.
11. Privacy Cookies
Please read the Privacy Notice which explains how Information Builders uses any information about you that it receives. The Privacy Notice also lists the cookies used by the Websites and tells you how you can restrict or delete cookies.
12. Arbitration Agreement & Waiver of Certain Rights
You and Information Builders agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Information Builders hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and Information Builders relating to these terms and conditions (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Information Builders will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR INFORMATION BUILDERS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
13. Other Provisions
We may modify these terms and conditions at any time. By continuing to use or log in the Websites after these terms and conditions have changed, you indicate your agreement to the revised terms and conditions. If you do not agree to the changes, you should stop using or logging in the Websites.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
The failure by us to enforce any right or provision of these terms and conditions will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these terms and conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
If any provision of these terms and conditions is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of the terms and conditions shall continue in full force and effect.