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The Business Intelligence Guide Terms of Use


PLEASE NOTE:
This website is managed and governed by Electrosmart Limited. As such all terms and conditions that lie hereunder refer to the relationship between the Visitor and Electrosmart.

The Agreement

This ELECTROSMART Web Site (the "Site") is an online information service provided by ELECTROSMART Ltd ("ELECTROSMART "), subject to your compliance with the terms and conditions outlined below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THIS SITE.

Terms of Use
By visiting our site you agree to the following conditions.

Modification of these Conditions of Use
Electrosmart reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the Electrosmart website.

Privacy
Please review our Privacy Policy, which also governs your visit to Electrosmart, to understand our practices regarding the use and disclosure of your personal information.

1. Copyright, Licenses and Idea Submissions.

All copyrights and trademarks are owned by either ELECTROSMART, its affiliates or other third party licensors.

The entire contents of this website, including but not limited to: text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of Electrosmart, its collaborators, affiliates or other third party licensors, or its clients and are protected by domestic and international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior expressed written consent of Electrosmart. You may, however, publish up to the first 150 words of any text article or blog post, provided you do not alter or change the copy, and provided you clearly link back to the source page on this Site for the balance of it.

You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another parties rights, please contact us immediately to notify us of this infringement. Your submissions of any files including, but not limited to: resumes, email, Flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant Electrosmart a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license to reproduce, distribute, transmit, adapt, sub-license, and publicly display any such submissions. You also grant Electrosmart the right to utlilize your name in connection with all advertising, marketing and promotional materials related thereto.

You agree to grant to ELECTROSMART a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to ELECTROSMART by all means and in any media now known or hereafter developed. You also grant to ELECTROSMART the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against ELECTROSMART for any alleged or actual infringement or misappropriation of any proprietary right in your communications to ELECTROSMART.

License and Website Access:

You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, Flash movie, page layout, or form) of Electrosmart without the express written consent of Electrosmart. You may not use META tags or any other "hidden text" which utilize Electrosmart, or any other derivative of our domain or company name, or any of our product or service names without the express written consent of Electrosmart. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter. It is further understood and agreed that Electrosmart cannot and does not guarantee or warrant that files made available for downloading through the Electrosmart website will be free of infection or viruses, worms, Trojan Horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through Electrosmart are free from such contaminations.

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of ELECTROSMART. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by ELECTROSMART, ELECTROSMARTdoes not operate, control or endorse any information, products or services on the Internet in any way. Except for ELECTROSMART- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with ELECTROSMART a. You also understand that ELECTROSMART cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. ELECTROSMART PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND ELECTROSMART SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. ELECTROSMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. ELECTROSMART HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

Electrosmart makes every effort to ensure that the content it presents is correct, however:

IN NO EVENT WILL ELECTROSMART BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF ELECTROSMART OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, ELECTROSMART LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

ELECTROSMART makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-ELECTROSMART web site, please understand that it is independent from ELECTROSMART, and that ELECTROSMART has no control over the content on that web site. In addition, a link to a ELECTROSMART web site does not mean that ELECTROSMART endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless ELECTROSMART, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of ELECTROSMART and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5.Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6.Electronic Communications

When you visit Electrosmart or send emails to us, you are communicating with us electronically, and therefore you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone, or by facsimile. It is also understood that all agreements, disclosures, notices, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

7. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of New Zealand applicable to agreements made and to be performed in New Zealand. You agree that any legal action or proceeding between ELECTROSMART and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in New Zealand . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. ELECTROSMART's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. ELECTROSMART may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.


Updated 22 May 2012

 

 

 

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