12Foundations and its affiliates
("12Foundations") maintain this web site (the "Web
Site") and its contributions to Partner Sites (as defined
below, and collectively with the Web Site, the "Sites")
as a service to its customers and partners.
By using the Sites, you agree to comply with and be bound
by the following terms and conditions (the "Agreement"),
which we may change at any time by posting notice on the Web
Site. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK
THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you
do not agree to these terms and conditions, please do not use
the Sites. Use of our Sites is limited to individuals who can
form legally binding contracts under applicable law, and without
limiting the foregoing, our services are not available to minors.
In addition,
when using any particular service of the Sites, you may be subject
to additional guidelines or terms and conditions applicable
to such services that may be posted from time to time, which
are hereby incorporated into this Agreement.
1. Using the Sites
12Foundations has agreed to provide
certain of its content and other propriety material to its partners
(the "Partners") on their websites (the "Partner
Sites"). All the text, images, marks, logos, compilations
(meaning the collection, arrangement and assembly of information),
and other content of the Web Site, all of the foregoing provided
by 12Foundations to the Partner Sites, and any of the foregoing
sent to you by e-mail or other means (collectively, the "Sites
Content") are proprietary to us or to third parties.
All software used on the Sites is proprietary to us or to
third parties, and except as may be required to exercise the
foregoing license grant, any use, redistribution, sale, decompilation,
reverse engineering, disassembly, translation or other reduction
of such software to human-readable form is prohibited.
The marks 12FOUNDATIONS® and KNOWLEDGE ALERT are proprietary
to us, and they may not be used in connection with any service
or products other than those provided by 12Foundations, in
any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits 12Foundations.
You agree, and represent and warrant, that
your use or other exploitation of the Sites and the Sites
Content, or any portion thereof, will be consistent with the
foregoing license and restrictions and will neither infringe
nor violate the rights of any other party or breach any contract
or legal duty to any other parties. In addition, you agree
that you will comply with all applicable laws, regulations
and ordinances relating to the Sites, the Sites Content or
your use of them, and you will be solely responsible for your
own individual violations of any of them.
2. Permitted Use, Limitations
on Use
You may access and download
the Material you pay for only as required to view the Material
on your web browser for your individual use, maintaining all
copyright and other notices on the Material. You may print
a single copy of Material for your use. You may not republish
or distribute any Material or use the Material, in any fashion
that is not specifically permitted in this Agreement. You
agree to comply with all notices and requirements accompanying
Third-Party Content.
3. Although the Sites Discuss
Technology and Other Issues, the Sites Itself Do Not Provide
Specific Recommendations or Advice.
The Sites are designed to provide
useful publications and a forum for those interested in information
technology and other matters related to technology. The Sites
do not provide specific recommendations for any particular situation
or circumstances, even if materials cited on, identified by
or obtained as a result of using the Sites do so. Such recommendations
may only be provided by a qualified professional advisor who
is familiar with your particular circumstances and other relevant
information.
In part because 12Foundations is not involved in the purchase
or sale of any materials that the Sites may discuss, if a
dispute arises between you and any seller or purchaser of
such materials, you understand that 12Foundations has no obligation
to become involved, and you hereby release 12Foundations from
all claims, demands and damages (actual, consequential or
otherwise) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising from or
relating to any such dispute. You hereby waive any legal protections
of any jurisdiction that may apply to you that would limit
the foregoing release in any way.
4. Links to Third Party Sites
Are Not Endorsements.
The Sites contains links to third-party
web sites. The linked sites are not under our control, and we
are not responsible for the contents of any linked site. We
provide these links as a convenience only, and a link does not
imply endorsement of, sponsorship of, or affiliation with the
linked site by 12Foundations. Links to merchants or advertisers
are owned and operated by independent retailers or service providers,
and therefore, we are unable to ensure that you will be satisfied
with their products, services or business practices. You should
make whatever investigation you feel necessary or appropriate
before proceeding with any transaction with any of these third
parties
5. Warranty Disclaimer And
Limitation of Liability.
12Foundations makes no representations
or warranties of any kind regarding the Sites and the Sites
Content. The Sites and Sites Content are provided in "AS
IS" condition, and 12Foundations expressly disclaims
any and all warranties, whether express or implied, including:
(I) all warranties of merchantability, fitness for a particular
purpose, title, noninfringement, and any and all warranties
arising from course of dealing and usage of trade;
(II) that the sites and the sites content will meet your requirements,
will always be available, accessible, uninterrupted, timely,
secure or operate without error,
(III) as to the results that may be obtained from the operation,
use or other exploitation of the sites or the sites content,
(IV) as to the accuracy or reliability of any information
obtained from the sites or the sites content and
(V) as to any partner site or its contents. No advice or information,
whether oral or written, obtained by you from 12Foundations
or through the Sites or Sites Content will create any warranty
not expressly stated herein.
You use the sites and the sites content at your own risk,
and 12foundations will not be liable for any damages of any
kind arising from or relating to their operation, use or other
exploitation. You waive and covenant not to assert any claims
or allegations of any nature arising from or relating to the
operation, use or other exploitation of the Sites or the Sites
Content, including any allegation or claim that 12Foundations
has or should indemnify, defend, or hold you harmless from
any claim or allegation arising from the operation, use or
other exploitation of the Sites or the Sites Content.
Under no circumstances will you be entitled to recover from
12foundations or any of its partners any incidental, consequential,
indirect, punitive or special damages (including damages for
loss of business, loss of profits or loss of use), whether
based on contract, tort (including negligence), or otherwise
arising from or relating to the sites or sites content, even
if 12foundations or its partners have been informed or should
have known of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion
of warranties or of liability, so some of the above limitations
or exclusions may not apply to you.
6. Your Indemnity of 12Foundations
and its Partners; Termination of Use
You agree to indemnify and hold
12Foundations and its Partners harmless from all causes of action,
claims and allegations (whether threatened or pending), costs,
fees, charges, and expenses (including reasonable attorneys'
and professionals' fees), judgments, damages, losses, and liabilities
arising from or relating to the breach or alleged breach of
your duties or obligations under this Agreement or your use
of the Sites or Sites Content. For any indemnified matter, 12Foundations
and its Partners will have full control of the response thereto
and the defense thereof, including, without limitation, any
agreement relating to the settlement thereof, and you will cooperate
with 12Foundations and its Partners in such matter.
12Foundations and any of its Partners may, at their option,
terminate any person or entity's access to any or all of the
Sites upon any breach of the terms and conditions of this
Agreement.
7. Digital Millennium Copyright
Act Compliance
12Foundations complies with the
provisions of the Digital Millennium Copyright Act applicable
to internet service providers (17 U.S.C. §512, as amended).
If you have any complaints or objections to material posted
on the Sites you may contact our Designated Agent at the following
address: webmaster@12Foundations.com.
8. Privacy Policy
12Foundations is concerned about
user privacy and operates the Sites under the Privacy Policy
published at http://www.12Foundations.com/privacypolicy.php.
We urge you to read this policy now and, because the policy
is updated from time to time, later at your convenience.
9. Applicable Law and Jurisdiction
The Sites (excluding links) are
controlled by 12Foundations and operated by 12Foundations from
its offices in and around Boston, Massachusetts. Although 12Foundations
has made no effort to publish the Sites elsewhere, because the
Sites are published on the World Wide Web it is accessible in
all fifty states and other countries. As each of these places
has laws that may differ from those of Massachusetts and from
each other, and as you and 12Foundations both benefit from establishing
a predictable legal environment in which to operate, use or
otherwise exploit the Sites, by using the Sites you and 12Foundations
agree that all matters arising from or relating to the use and
operation of the Sites will be governed by the substantive laws
of the Commonwealth of Massachusetts, without regard to its
conflicts of laws principles. You agree that all claims you
may have arising from or relating to the operation, use or other
exploitation of the Sites will be heard and resolved in the
courts in Boston, Massachusetts. You consent to the personal
jurisdiction of such courts over you, stipulate to the fairness
and convenience of proceeding in such courts, and covenant not
to assert any object to proceeding in such courts. If you choose
to gain access to the Sites from locations other than Boston,
Massachusetts, you will be responsible for compliance with all
local laws of any such other location.
10. Miscellaneous
No delay or omission by 12Foundations
in exercising any of its rights occurring upon any noncompliance
or default by you with respect to any of the terms and conditions
of this Agreement will impair any such right or be construed
to be a waiver thereof, and a waiver by 12Foundations of any
of the covenants, conditions or agreements to be performed by
you will not be construed to be a waiver of any succeeding breach
thereof or of any other covenant, condition or agreement hereof
contained. As used in this Agreement, "including"
means "including but not limited to." The captions
of this Agreement have been inserted solely for convenience
of reference, in no way define or limit the scope or substance
of any provision of this Agreement, and will not be considered
in interpreting this Agreement. If any provision of this Agreement
is found by a court of competent jurisdiction to be invalid
or unenforceable, then this Agreement will remain in full force
and effect and will be reformed to be valid and enforceable
while reflecting the intent of the parties to the greatest extent
permitted by law. Except as otherwise expressly provided herein,
this Agreement sets forth the entire agreement between you and
12Foundations regarding its subject matter, and supersedes all
prior promises, agreements or representations, whether written
or oral, regarding such subject matter.
