Terms of Use

 

Infotrieve, Inc.

 

Last Updated 22 March 2013

 

 

By accessing and browsing www.infotrieve.com, www.mobilelibrary.com, or other websites owned and operated by Infotrieve, Inc. (“Infotrieve”), or using any Products (“Products”) or Services (“Services”) made available on Infotrieve websites (“Infotrieve Websites”), you acknowledge that you have read, understood and agree to be bound by these terms of use.

 

Infotrieve may, without notice to you, revise these Terms of Use at any time. We encourage you to check this page periodically for any changes. Your continued use of an Infotrieve Website, or the Products and Services available on an Infotrieve Website, following the posting of any changes to these Terms of Use will mean you accept those changes. Infotrieve also may make improvements or changes to the Products or Services at any time without notice.

 

In addition, when using a Product or Service, or making purchases on an Infotrieve Website, you shall be subject to any posted guidelines or policies applicable to such Product or Service that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms of Use.

 

Purpose of the Website

 

Any and all information and materials contained on the Infotrieve Websites including, but not limited to, text, data, graphics, pictures, sounds, videos, logos, icons and html code (“Infotrieve Content”) is provided for informational purposes only and shall not be construed as a commercial offer, a license or an advisory, fiduciary or professional relationship between you and Infotrieve. No Infotrieve Content shall be considered a substitute for your independent investigation of the Products and Services we offer.

 

Note that the Infotrieve Content provided on Infotrieve Websites may be related to Products and Services that are not available in your country.

 

Infotrieve Content, the Products and the Services do not include any documents purchased via the Products or Services (the “Deliverables”), which are sourced from a third party and subject to their applicable terms and conditions, or customer content (“Customer Content”) which may be made available or posted by you or your employer.

 

Links to Third-Party Websites

 

Links to third-party websites are provided for convenience and do not imply any approval or endorsement by Infotrieve of the linked sites even if they may contain Infotrieve’s logo, as such sites are beyond Infotrieve’s control. Thus, Infotrieve cannot be held responsible for the content of any linked site or any link contained therein.

 

Copyright

 

The Infotrieve Websites are protected by copyright law and are the exclusive property of Infotrieve. Any and all Infotrieve Content is protected under intellectual property law and shall remain the sole and exclusive property of Infotrieve or its licensors.

 

You may use the Infotrieve Content for personal and non-commercial purposes in accordance with governing intellectual property law. Any other use or modification of the Infotrieve Content without Infotrieve’s prior written permission is prohibited.

 

Privacy Policy

 

Your use of the Infotrieve Websites, Products and Services is also governed by our Privacy Policy which is available at http://www.infotrieve.com/privacy-policy.

 

User Accounts

 

You represent and warrant that you are either (i) employed by an organization or company that has entered into a written agreement (“Agreement”) with Infotrieve that includes the provision of Products and/or Services via the Infotrieve Websites, or (ii) an individual that desires to browse the Infotrieve Websites and/or purchase Products and/or Services via the Infotrieve Websites. In the event of any conflict between these Terms of Use and an Agreement, the Agreement shall govern.

 

Prior to ordering any Products or Services from an Infotrieve Website, you will be required to create an account. If you choose to create such an account, you agree to provide only true, accurate, current and complete information. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name and/or password that may be assigned to or selected by you so that others may not access your account and/or identify you. Infotrieve reserves the right, in its sole and absolute discretion, and without notice to you, to terminate your account, access to the Infotrieve Websites, the Products and the Services, for no reason or any reason including, without limitation, for extended periods of inactivity.

 

License

 

Infotrieve hereby grants to you, and you accept, a limited, temporary, personal, non-exclusive, revocable and non-transferable license to access and use, solely for internal purposes, the Products and Services that you purchase or license from the Infotrieve Websites including any Products downloaded from the Infotrieve Websites. You shall exercise the foregoing license solely for purposes of using the Products or Services in accordance with these Terms of Use.   Infotrieve is not responsible for the content of any of your transmissions accessing the Infotrieve Websites, the Products or the Services, for your network connections or for conditions or problems arising from or related to such network connections (e.g., bandwidth issues, excessive latency, network outages), or caused by the Internet.

 

You will not (i) distribute or disclose the Products or Services, (ii) permit any third party to access or use the Products or Services, (iii) permit any unauthorized personnel or any third party to use, access or “hack” the Products or Services, (iv) use the Products or Services in any manner not documented or intended, including,  but not limited to, providing any outsourcing, service bureau or other services or on-line offerings to third parties, (v) decompile, reverse engineer or disassemble the Products or Services, or attempt to discover any of the proprietary algorithms, source code or techniques or other trade secrets of Infotrieve embodied therein or used in the development thereof, (vi) create or enable the creation of derivative works, modifications, or adaptations of the Products or Services; (vii) remove or modify any proprietary marking or restrictive legends placed on or in the Products or Services; (viii) use the Products or Services in violation of any applicable laws, (ix) fail to follow instructions contained in the applicable documentation by, for example, using the Products or Services in a public or internal forum with the user ID or password exposed to unauthorized personnel, (x) input or load any illegal, or illegally obtained, data or information, viruses or Trojan horses, (xi) otherwise disrupt Infotrieve Websites, the Products or the Services in any manner,  and/or (xii) use any robot, spider, other automatic device or program or manual process to monitor, copy or reproduce the Products or Services.

 

Disclaimer

 

INFOTRIEVE MAKES, AND YOU HEREBY WAIVE, ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE INFOTRIEVE WEBSITES, THE INFOTRIEVE CONTENT, THE PRODUCTS AND THE SERVICES (THE “INFOTRIEVE ELEMENTS”), WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE.” INFOTRIEVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFOTRIEVE ELEMENTS INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND AGAINST INFRINGEMENT. INFOTRIEVE DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE INFOTRIEVE WEBSITES, THAT ANY OF THE INFOTRIEVE ELEMENTS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE INFOTRIEVE ELEMENTS WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE INFOTRIEVE ELEMENTS OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. INFOTRIEVE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFOTRIEVE ELEMENTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT INFOTRIEVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEM, DEFECT OR OTHER ISSUE REGARDING ANY AND ALL DELIVERABLES SHALL BE WITH THE THIRD PARTY THAT SOURCED THE DELIVERABLE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR THE CUSTOMER CONTENT.

 

Limitation of Liability

 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL INFOTRIEVE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE INFOTRIEVE ELEMENTS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL INFOTRIEVE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE INFOTRIEVE WEBSITES.

 

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING THE INFOTRIEVE WEBSITES AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND, IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ,UNDERSTOODAND AGREED TO THESE TERMS OF USE.

 

Indemnification

 

By using infotrieve.com or mobilelibrary.com, you agree to indemnify, defend and hold harmless Infotrieve  from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to (i) your access and use of the Infotrieve Websites, the Products, Services, Infotrieve Content and any Deliverables; (ii) the Customer Content; (iii) your violation of these Terms of Use or any law, rule or regulation; and (iv) any material uploaded by you or through your computer to the Infotrieve Websites or otherwise sent by you to Infotrieve. You will cooperate as fully and reasonably as required by Infotrieve in the defense of any such claim. Infotrieve reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of Infotrieve.

 

Jurisdictional Issues

 

The Infotrieve Websites are controlled and operated by Infotrieve from the State of Connecticut, United States of America. Infotrieve makes no representation that Products or Services, or any other materials on the Infotrieve Websites are appropriate or available for use in any other jurisdiction. If you choose to access the Infotrieve Websites from other jurisdictions, you do so at your own initiative and risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software products downloaded from the Infotrieve Websites are also subject to United States export controls. By downloading or using such Products, you represent and warrant that you are in compliance with all applicable export laws and regulations.

 

General

 

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Connecticut, United States of America, without giving effect to any principles of conflicts of law. You and Infotrieve each agree to submit to the exclusive jurisdiction of state and federal courts located in the State of Connecticut. If any provision of these Terms of Use shall be unlawful, void or, for any reason, unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. Except for any applicable Agreement, these Terms of Use constitute the entire agreement between the parties relating to the subject matter herein.

 

Permission for Web Linking

 

If you link to any Infotrieve Website, the link must be approved in writing by Infotrieve. Any such link must not damage, dilute or tarnish the goodwill associated with Infotrieve and/or any Infotrieve intellectual property, nor may the link create the false appearance that your website or organization is sponsored, endorsed by, affiliated or associated with Infotrieve, and you may not “frame” any Infotrieve Website. You may not link to any Infotrieve Website from any website that is unlawful, abusive, indecent or obscene; that promotes violence or illegal acts; or that, in Infotrieve’s sole and exclusive discretion, is inappropriate. Infotrieve reserves the right, in its sole and absolute discretion, to terminate any link from any website.

 

To request permission to place a link from your website to any Infotrieve Website, please send your name, address, website URL and nature of the website to: lschlesinger@infotrieve.com.