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Terms and Conditions
Terms, Conditions & Disclaimers
Midmarket Institute, Inc.
Last Modified: December 12, 2016
Please read this agreement carefully before using this website. By accessing the website, you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not access or use this site.
1. Service provided
The Midmarket Institute presents the information on this Website as a service to our members and other Internet users. While the information on this site is about business and legal issues, it is not legal advice. Due to the dynamic nature of information and our reliance on information provided by and from outside sources, we make no warranty or guarantee concerning the accuracy or reliability of the content at this site or other sites to which we link.
The Midmarket Institute's content consists of our own proprietary content, research, tools, templates, and insights along with contributions and content from other content sources. Some of that content may be available for free or a lower price on other sites or with certain promotions that is not provided on this site.
If there are any web links on The Midmarket Institute website to the internet for information, goods, services, organizations or to any website not Midmarket Institute, you then understand we have no control over said websites and Midmarket Institute will not be held responsible for any of the information found therein.
Part of the value of the service provided by The Midmarket Institute is the immense convenience and time saved by accessing aggregated, organized, comprehensive, relevant, and powerful content in one place. Because the Service involves the download of digital products or files which once provided cannot be recovered as unused, you acknowledge and agree that any and all purchases made through the Service are final.
2. Restrictions of Use
Content made available by The Midmarket Institute is either the property of The Midmarket Institute or is made available by permission and is protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Any reproduction, duplication, publication or public exhibition of such content, either in whole or in part, is strictly prohibited. Each individual file or document may contain other proprietary information relating to the individual file or document.
All material on this site is copyrighted and any unauthorized downloading and distribution, or redistribution of any copyrighted or protected material from this website or websites, to which we link, without the copyright owner’s permission, is strictly prohibited. Any unauthorized use of any content may subject you to civil and criminal liability.
The Midmarket Institute specifically reserves and retains all rights which it has in any content, data, files and/or images and sound bites made available through the site. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of such content, in whole or in part.You may not post any information from the Service to newsgroups, mail lists, electronic bulletin boards, or any other public forum without the prior written consent of The Midmarket Institute.
You agree that any copy of any content made by you for personal use shall retain all copyright and other proprietary notices contained herein. Nothing contained herein shall be construed as conferring by express grant, implication, estoppel or otherwise any license or right under any patent, copyright or trademark of The Midmarket Institute or any third party.
3. Copyright And Limitations on Use
Access to the Service is for your use ONLY and may not be shared. You are responsible for the confidentiality and use of your username and password. Your responsibility extends to all activity and use under the username and password. By using the Service, you agree not to distribute, sell, publish, or broadcast the information, tools, and templates received through the Service, in whole or in part, without the express prior written consent of The Midmarket Institute. Express prior consent is automatically provided only in those instances in which You are incorporating the information, tools, and templates into other documents, presentations, analyses, or models for your use or your company's sole use.
The information available through the Service is the property of The Midmarket Institute and is protected by copyright and other intellectual property laws. Information received through the Service is for Your use only, and may not be copied or distributed except as permitted in Section 2, above.
You may not post any information from the Service to newsgroups, mail lists, electronic bulletin boards, or any other public forum without the prior written consent of The Midmarket Institute.
4. User Login and passwords
We sell individual memberships to our websites. Registered users are also provided access individually. You may not share your username and password with any other person, including fellow employees of your company, friends, family members or business associates. The Midmarket Institute reserves the right to monitor Your use of the Service to ensure Your compliance with these Terms and Conditions. If it is determined that you are not in compliance with these Terms and Conditions, The Midmarket Institute reserves the right to take such action as it deems necessary, including, but not limited to, suspension or termination of your account. You acknowledge that such monitoring of use may include determining whether or not the Service is accessed under the account from multiple IP addresses, as well as monitoring of excessive use of subscription accounts.
5. User submitted data
Use or transmission of any material in violation of the terms and conditions prohibited by any law, rule or regulation (globally) or the rights of any third party is prohibited. This includes defamatory material, copyrighted material, threatening, obscene, lewd and indecent material, or material protected by trademark, trade secret, or patent laws, or material that results in an invasion of privacy.
No user submitted data shall be uploaded to the website that:
- Violates the rights of any persons, including without limitation, rights in copyrights, patents, trademarks or other intellectual property rights;
- Is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any law.
In the event we become aware or are made aware of any violation of the terms set forth in this agreement, we reserve the right to remove the content, terminate your membership or use of our website and pursue any legal action necessary to protect our interests. Any expenses associated with such actions will be charged to you and you agree to make such payment within 30 days of receipt of such notice. In the event you do not make the said payment, we reserve the right to use any legal means available, including the use of collection entities and legal counsel to collect such monies.
6. No Service Warranties
This Website and the information, software and other material available on, or accessible from, this Website is provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. The Midmarket Institute does not warrant that the website service will be uninterrupted or error free or that any information, software or other material available on or accessible through the website is free of viruses, worms, Trojan horses or other harmful components.
The Service includes information related to firms and individuals. The Midmarket Institute does not guarantee the accuracy, completeness, or timeliness of this information, nor does The Midmarket Institute give legal or investment advice, advocate the purchase or sale of any security or investment, endorse or guarantee the quality of goods and services provided by the companies covered, or otherwise endorse, explicitly or implicitly, the companies and products mentioned in the Service.
7. Disclaimer Of Warranties And Liability
2.1 Due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such information and the Service, and The Midmarket Institute shall have no liability for any such delays, omissions, or inaccuracies. Your sole and exclusive remedy for dissatisfaction with the Service is to stop using the Service.
Under no circumstances shall The Midmarket Institute be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use of or inability to use the Website or your reliance on or use of information, services or merchandise provided on or accessible through the Website, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
THE USER AGREES THAT THE LIABILITY OF THE MIDMARKET INSTITUTE, ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE), IN ANY WAY CONNECTED WITH THE SERVICE OR THE INFORMATION IN THE SERVICE, SHALL NOT EXCEED THE AMOUNT THE USER PAID TO THE MIDMARKET INSTITUTE FOR USE OF THE SERVICE.
8. Your information
We do NOT sell, share or barter your contact information to anybody outside the Midmarket Institute, period.
9. Trademarks and/or Service Marks
This online information service, including the design and presentation employed, is protected by applicable trademark and copyright laws and is the property of The Midmarket Institute. All rights are reserved.
Nothing contained within this Agreement or The Midmarket Institute.com should be construed as granting any license or right to use any trademark or service mark displayed at The Midmarket Institute.com without the express written permission of The Midmarket Institute, or such third party that may own the trademark or service mark.
You may not, nor may you allow others to, directly or indirectly, attempt or actually disrupt, impair or interfere with, alter or modify the Service. You may not, nor may you allow others to, directly, or indirectly, collect or attempt to collect any information about others, including passwords, account or other information.
The Midmarket Institute may discontinue or change the Service, or its availability, at any time without notice. A User’s rights and obligations under this Agreement are not assignable. This Agreement shall be governed by the laws of the United States of America and the State of Delaware governing contracts and is subject to the exclusive jurisdiction of the courts in the State of Delaware. The Midmarket Institute shall not be responsible for delays or performance failures caused by actions or events beyond its reasonable control. If any provision of this Agreement is deemed illegal or unenforceable, all other provisions shall remain in full force and effect.
If we believe you have violated these Terms and Conditions, we may terminate your access to the Website.
You agree to defend, indemnify and hold The Midmarket Institute harmless from any and all liabilities, costs and expenses, including reasonable attorney’s fees, related to any violation of these terms and conditions by you.
14.Compliance with laws
You will comply with all applicable laws, rules and regulations in connection with your participation in our programs and use of Midmarket.org and other online properties owned and/or operated by The Midmarket Institute and its member companies, and will not engage in any act that has an adverse impact on the performance or availability of our programs or our Website.
15.Notice of copyright infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Website in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice by U.S. Mail to The President, The Midmarket Institute, 1704 Aspen Drive, Plainsboro, NJ 08536. U.S.A.
Please include the following information in your written notice:
a) a detailed description of the copyrighted work that is allegedly infringed;
b) a description of the location of the allegedly infringing material on the Website;
c) your contact information, including your address, telephone number, and, if available, email address;
d) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
e) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and
f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
© 2012-17 The Midmarket Institute, Inc.