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| This Agreement sets forth the terms and conditions which apply to the use by you (the "Customer") of the FORTUNE Databases (the "Product[s]"). The right to use the Product(s) is personal to Customer and is not transferable to any other person or entity. |
Customer agrees to be bound by all of the Terms and Conditions herein, which shall include the privacy policy. Customer's use or receipt of the Products, any payment by Customer for the Products or Customer's submission of an order form shall constitute Customer's acceptance of these Terms and Conditions. Upon Fortune's receipt of Customer's payment of the full amount due under the applicable order form, and subject to these Terms and Conditions, Fortune grants to Customer the non-exclusive, non-transferable, limited right and license to use the Products solely for Customer's own personal, non-commercial use. |
Definitions: The Product(s) are the FORTUNE Databases, downloadable databases offered for sale on the Internet through Fortune.com. Fortune.com is the interactive online service operated by FORTUNE, a division of Time Inc. on the World Wide Web of the Internet consisting of information services and content provided by FORTUNE, affiliates of FORTUNE and third parties. |
General: FORTUNE shall have the right, in its sole discretion, at any time, to change or discontinue any aspect or feature of the Product(s), including, but not limited to, content, form, functionality, availability, media and format. FORTUNE shall also have the right, at any time in its sole discretion, to terminate Customer's license to the Product(s), or any portion thereof, without notice and for any reason, including, but not limited to if FORTUNE believes Customer has breached these Terms and Conditions. |
Payment Terms: Customer authorizes Fortune to charge to the credit card account designated during the payment process. |
Changed Terms: Fortune shall have the right at any time to impose, change or modify its prices and billing methods, or other terms and conditions applicable to Customer's use of the Product. |
Customer Conduct |
A. The Product(s) contain copyrighted material, trademarks and other proprietary information and the entire contents of Product are copyrighted as a collective work under the United States copyright laws. Fortune owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Customer may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the Product (s), in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of the Product(s) will be permitted without the express permission of Fortune. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. Customer acknowledges that he or she does not acquire any ownership rights by downloading or using any copyrighted material, trademarks or other proprietary information contained within the Products.
B. Customer shall provide Fortune with accurate, complete and updated information as to his or her name, street address, e-mail address, the credit card account and any other information provided by Customer at point of purchase.
C. Customer may not (i) select or use a name, e-mail address or other information of another person with the intent to impersonate that person; or (ii) use a name, e-mail address or other information subject to the rights of any person other than Customer without authorization.
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Disclaimer of Warranty; Limitation of Liability |
A. CUSTOMER EXPRESSLY AGREES THAT PURCHASE AND USE OF THE PROUCT IS MADE AT HIS OR HER SOLE RISK. NEITHER FORTUNE NOR ANY OF ITS RESPECTIVE EMPLOYEES WARRANT THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE PRODUCT.
B. THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. FORTUNE MAKES NO WARRANTY THAT THE PRODUCTS WILL BE FREE OF ERRORS OF VIRUSES.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
D. IN NO EVENT WILL FORTUNE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE PRODUCT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR OUT OF THE BREACH OF ANY WARRANTY OR THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL FORTUNE'S LIABILITY IN CONNECTION WITH THE PRODUCTS, THE CUSTOMER OR THIS AGREEMENT EXCEED THE AMOUNTS PAID BY CUSTOMER AND RECEIVED BY FORTUNE DURING THE ONE (1) YEAR PERIOD PRECEDING THE DATE ON WHICH CUSTOMER'S OR ANY THIRD PARTIES' CLAIM AROSE.
E. UNDER NO CIRCUMSTANCES WILL FORTUNE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A CUSTOMERS RELIANCE ON INFORMATION OBTAINED THROUGH THE PRODUCT. IT IS THE RESPONSIBILITY OF EACH CUSTOMER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION AVAILABLE THROUGH THE PRODUCT.
F.CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL FORTUNE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE DOWNLOADING OR USE OF THE SOFTWARE.
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Indemnification: Customer agrees to defend, indemnify and hold harmless Fortune, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Product. |
Trademarks: FORTUNE is a registered trademark of Time Inc. All rights reserved. |
Equipment: Customer shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for use of or access to Product(s) and Customer shall be responsible for all charges related thereto. |
Miscellaneous: This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. |
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