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Terms of Use Knowledge Mosaic LLC (“us,” “we,” “our”) publishes 6 websites: Knowledge Mosaic (knowledgemosaic.com); Securities Mosaic (securitiesmosaic.com); Securities Mosaic Litigator (smlitigator.com); Securities Mosaic Risk (smrisk.com); Energy Mosaic (energymosaic.com); and Communications Mosaic (communicationsmosaic.com). Each of these websites has an associated news service through which we distribute news email messages on related matters. We also distribute information from these websites and news services through Internet data feeds. These websites, associated news services, and data feeds are referred to collectively as “Knowledge Mosaic Services.” Any data or materials displayed on Knowledge Mosaic Services are referred to collectively as “KM Content.” Your use of Knowledge Mosaic Services and KM Content, either at no charge or for a fee, is governed by the terms and conditions below (the “Terms”). You agree to these Terms by your use of Knowledge Mosaic Services or KM Content. If you do not accept this agreement, or if you do not agree to any of the specific terms presented here, you should not use Knowledge Mosaic Services or KM Content. We may change these Terms at any time in our sole discretion, so please review this page regularly. The date of the most recent revision will appear at the bottom of this page. Your continued use of Knowledge Mosaic Services or KM Content is always an acceptance of any changes in these Terms. 1. Limited License Access to certain portions of Knowledge Mosaic Services and KM Content (the “Subscriber Materials”) requires user authentication by means of (i) username/password combinations provided for that purpose by us to specific persons, or (ii) internet protocol (“IP”) addresses approved for that purpose by us for authorized personnel at specific organizations, and such access may also require payment of a subscription fee. Only those specific persons for whom such usernames and passwords are provided by us and the authorized personnel at those specific organizations for which such IP addresses have been approved by us may access the Subscriber Materials and only during the time periods during which such usernames and passwords or IP address approvals are active. Any use of KM Content from any of our Knowledge Mosaic Blogwatch pages (including SM Blogwatch and LM Blogwatch) shall include proper author and source attribution. You agree not to use or permit anyone to use Knowledge Mosaic Services or KM Content for any unlawful or unauthorized purpose. 2. Subscription Fees You may be required to pay us a subscription fee in order to access Subscriber Materials. Subscription fees are charged and due in accordance with the information provided on our Customer Service webpages and through the subscription process. 3. Modification of Services; Termination; Denial of Access The components, data, and features of Knowledge Mosaic Services and KM Content may be added to, modified, suspended, or discontinued by us without notice, and you agree that we shall not be liable to you or to any third party for any addition, modification, suspension, or discontinuance of Knowledge Mosaic Services, KM Content, or any part thereof. We reserve the right to suspend or deny, in our sole discretion and without notice, your access to all or any portion of Knowledge Mosaic Services. Without limitation of the foregoing, we may terminate or cancel your access rights to Knowledge Mosaic Services immediately without notice if you violate these Terms. We may also block your use of Knowledge Mosaic Services or direct you to cease using those services. 4. Intellectual Property Rights; Copyright and Trademark All right, title, and interest in Knowledge Mosaic Services and KM Content belong to us or to our third-party information providers. You do not, through your use of Knowledge Mosaic Services or KM Content, acquire any proprietary interest in Knowledge Mosaic Services, KM Content, or any copies thereof. Knowledge Mosaic, Energy Mosaic, and Get Over It
are registered trademarks of Knowledge Mosaic LLC.
Securities Mosaic, Communications Mosaic, Securities Mosaic Litigator, KM, SM, and SML are service marks of Knowledge Mosaic LLC.
Knowledge Mosaic Services
are not affiliated with or
approved by any agency or department of the United States government. All other
products are trademarks of their respective holders. If you believe that any KM Content is infringing copyrights or other intellectual property rights held by you or by someone on whose behalf you are authorized to act, please follow the steps described on our Infringement Notification page.
5. Disclaimer of Warranty THERE ARE NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY (INCLUDING, WITHOUT LIMITATION, TIMELINESS, TRUTHFULNESS, SEQUENCE, COMPLETENESS, ACCURACY, FREEDOM FROM INTERRUPTION), ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE RESULTS TO BE OBTAINED FROM USE OF KM CONTENT. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, ALL KM CONTENT AND ALL OPERATIONS ON KNOWLEDGE MOSAIC SERVICES ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED. Without limitation of the foregoing, neither we nor our information providers shall be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or the timeliness or authenticity of KM Content, or for any delay or interruption in the transmission thereof, or for any claims or losses arising therefrom or occasioned thereby. Neither we nor our information providers shall be liable for any third party claims or losses of any nature, or for any lost profits, punitive, or consequential damages as a result of such errors, inaccuracies, omissions, or other defects in, or the timeliness or authenticity of KM Content, or for any delay or interruption in the transmission thereof, or for any claims or losses arising therefrom or occasioned thereby. We shall not be liable for any limitation on the availability of Knowledge Mosaic Services or KM Content, or for any information that may be lost, due to network outages, hardware or software failures, or other circumstances beyond our reasonable control. 6. Disclaimer of Legal or Investment Advice Content contained in or made available through Knowledge Mosaic Services is not intended to and does not constitute legal or investment advice and no attorney-client relationship or investment adviser-client relationship is formed, nor is anything submitted to us treated as attorney-client confidential. 7. Disclaimer
Regarding Other Servers and Websites 8. Location of Our Servers; Governing Law The host servers for Knowledge Mosaic Services are located at Seattle, Washington, United States of America. These Terms and all related disputes and suits shall be governed, construed, and interpreted in accordance with the laws of the State of Washington without giving effect to any choice of law or conflict of laws provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Washington. Any litigation arising out of or connected in any way with these Terms shall take place in a State or Federal court of competent jurisdiction in King County, Washington. You hereby consent to personal jurisdiction and venue in the State and Federal courts located in the State of Washington, King County, with respect to any actions, claims, disputes or proceedings arising out of or in connection with these Terms. 9. General Provisions Severability. If a court of law or other tribunal of competent jurisdiction finds any provision of these Terms invalid, illegal, or unenforceable, the remaining portions of these Terms shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of these Terms as expressed herein. Non-Waiver. Failure or delay by us in enforcing any provision of these Terms shall not constitute or be construed as a waiver of such provision nor of our right to enforce such provision. Headings and Captions. The headings and captions contained in these Terms are inserted for convenience only and shall not constitute a part hereof.
Last Revised: August 6, 2007 |
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