Acceptance of this Agreement
time (collectively, this "Agreement"). BY ACCESSING, BROWSING AND/OR USING THE WEB SITE AND/OR ANY
WEB SITES PROVIDED BY IndustrialNewsRoom.com, YOU AGREE TO BE BOUND BY THIS AGREEMENT. This Agreement
constitutes the entire agreement between you and IndustrialNewsRoom.com and supercedes any prior
agreements between you and IndustrialNewsRoom.com regarding the use and contents of the Web Site.
IndustrialNewsRoom.com is committed to protecting your privacy. The information that we obtain
through your use of the Web Site, or through any registration process or otherwise, is subject
Modifications to this Agreement
IndustrialNewsRoom.com may make changes to this Agreement from time to time in its sole
discretion, and will post any such changes on the Web Site. Your continued use of the Web Site
constitutes your acceptance of any such changes.
Modification or Suspension of the Web Site
You agree that IndustrialNewsRoom.com may, in its sole discretion, and at any time, discontinue,
suspend or modify its operation of the Web Site, or any part thereof, temporarily or permanently,
without notice to you, and you agree that IndustrialNewsRoom.com shall not be liable therefor.
You understand and agree that all text, graphics, software, music, sound, photographs, videos,
messages, posts, data, information, or other materials ("Content") are the sole responsibility
of the person from whom the Content originated. Thus, you are responsible for all Content that
you disseminate or transmit through or by means of the Web Site.
Limited Permission to Copy
Unless otherwise stated, the copyright and similar rights in all material published on the Web Site are owned by Thomas Publishing Company. You are permitted to print or download extracts from this material for your personal use only. No part of any database or any material appearing in any database may be reproduced, stored in, or transmitted to any other web site. No material appearing in any database or on the Web Site may be disseminated in any form, whether electronic, non-electronic or otherwise, nor included in any retrieval system or service without the prior written permission of IndustrialNewsRoom.com. Any request for permission may be sent to:
Paul P. Gerbino
5 Penn Plaza
New York, NY 10001
or by e-mail to email@example.com
You agree that you shall not use the Web Site in any way to:
- post, disseminate or transmit any Content that is unlawful, harassing, defamatory, abusive,
threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy;
- post, disseminate or transmit any Content which infringes or violates any party's copyright,
trademark, trade secret, patent or other proprietary right, including, but not limited to,
using third-party copyrighted materials without appropriate permission, using third-party
trademarks without appropriate permission or attribution, and using or distributing third-party
information protected as a trade secret in violation of a duty of confidentiality;
- post, disseminate or transmit any viruses or other harmful, disruptive or destructive files,
code or programs;
- intentionally or unintentionally violate any local, state, national or international law;
- impersonate any person or entity, falsely state or otherwise misrepresent your affiliation
with any person or entity, forge headers or otherwise manipulate identifiers to disguise the
origin of any Content transmitted through the Web Site;
- disseminate or transmit any Content that you do not have the right to disseminate or transmit
under law or through any contractual or fiduciary relationship;
- interfere with, disrupt, or harm in any way the Web Site or servers or networks connected to
the Web Site;
- stalk or otherwise harass another;
- collect or store personal data about other users;
- harm minors in any way;
- engage in any activity that would violate the personal privacy rights of others, including,
but not limited to, collecting and distributing information about Internet users without their
permission, except as permitted by applicable law;
- engage in any activity intended to withhold or cloak identity or contact information;
- engage in or promote any illegal purpose, in violation of any applicable laws or regulations
or in violation of the rules of any other Web Sites providers, web sites, chat rooms or the like; or
- intentionally or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force of law.
You acknowledge that IndustrialNewsRoom.com does not generally pre-screen Content, but that
IndustrialNewsRoom.com and its designees shall have the right (but not the obligation) in their
sole discretion to edit, refuse or move any Content that is available via the Web Site,
including, but not limited to, the listings of the IndustrialNewsRoom.com Directory. Without
limiting the foregoing, IndustrialNewsRoom.com and its designees shall have the right to
that you must evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and
agree that IndustrialNewsRoom.com may preserve Content and may also disclose Content if
required to do so by law or in the good faith belief that such preservation or disclosure is
respond to claims that any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of IndustrialNewsRoom.com, its users and the public. You
understand that the technical processing and transmission of the Web Site, including your
Content, may involve (a) transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
By posting Content to the Web Site, or by transmitting Content using the Web Site, (1) you
represent and warrant to IndustrialNewsRoom.com that you have all necessary permission to post
or transmit the information; and (2) you grant to IndustrialNewsRoom.com a worldwide,
non-exclusive, perpetual, royalty-free, transferable right and license to use, sub-license,
reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform
and display such Content (in whole or part) worldwide and /or to incorporate it in other works
in any form, media, or technology now known or later developed.
You agree to comply with all applicable local laws regarding online conduct and acceptable
Content, including without limitation, laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
No Reselling of Web Site
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes
any portion of the Web Site, or use of or access to the Web Site.
You agree that IndustrialNewsRoom.com may, in its sole discretion, and at any time, terminate
your use of the Web Site, and may remove or delete any Content within the Web Site, for any
reason, without prior notice to you. You further agree that IndustrialNewsRoom.com shall not
be liable to you or to any third-party for any termination of your use of or access to the
Web Site. In the event of any termination of this Agreement or your use of or access to the
Web Site, you agree that the provisions regarding Proprietary Rights, Indemnification,
Disclaimer or Warranties, and Limitations of Liability shall survive any such termination.
You agree that Content available through the Web Site, including, without limitation, Content
in the form of text, graphics, software, music, sound, photographs, and videos, and Content
provided by suppliers, sponsors or third-party advertisers, is protected by copyrights,
trademarks, patents or other proprietary rights and laws. Except as expressly authorized by
IndustrialNewsRoom.com or the applicable supplier, sponsor or advertiser, you agree not to
copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer or
create derivative works based on the Web Site or any Content (including, without limitation,
any software) available through the Web Site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB
SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, INDUSTRIALNEWSROOM.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INDUSTRIALNEWSROOM.COM DOES NOT MAKE ANY
WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEB SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES
INDUSTRIALNEWSROOM.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE WEB SITE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
THE WEB SITE, AS TO THE QUALITY OF ANY PRODUCTS, WEB SITES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU OR ANY OTHER PERSON THROUGH THE WEB SITE OR AS A RESULT OF THE WEB
SITE, OR AS TO ANY TRANSACTIONS ENTERED INTO BY USE OF OR AS A RESULT OF THE WEB SITE. YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH
MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU OR
ANY OTHER PERSON FROM INDUSTRIALNEWSROOM.COM OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE, SHALL INDUSTRIALNEWSROOM.COM OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES, EVEN IF INDUSTRIALNEWSROOM.COM OR ITS
SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (1) THE USE OR THE
INABILITY TO USE THE WEB SITE, (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND WEB SITES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR WEB SITES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE WEB SITE, (3) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE WEB SITE, (5) THE CONTENT OF THE INDUSTRIALNEWSROOM.COM DIRECTORY, OR (6)
ANY OTHER MATTER RELATING TO THE WEB SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Storage of Content
You agree that IndustrialNewsRoom.com may establish, in its sole discretion and without prior
notice to you, a maximum amount of storage space that it will maintain for Content disseminated
or transmitted through the Web Site. You agree that IndustrialNewsRoom.com has no responsibility
or liability for the deletion or failure to store any messages, communications or other Content
maintained, disseminated or transmitted through the Web Site.
Your Contact With Advertisers Or Other Third-Parties
Your dealings with advertisers or other third-parties found on or through the Web Site, including
your participation in promotions, the payment for and delivery of goods and web sites, and any
terms, conditions, warranties or representations associated with such dealings are solely
between you and the third-party. IndustrialNewsRoom.com does not make any representations or
warranties with respect to any goods or Web Sites which may be obtained from such third-parties,
and you agree that IndustrialNewsRoom.com will have no liability with respect to any loss or
damage of any kind incurred as a result of any dealings between you and any third-party, or
as a result of the presence of such third-parties on the Web Site.
The Web Site, or third-parties on the Web Site, may provide links to other web sites and/or
resources over which IndustrialNewsRoom.com has no control. You agree that IndustrialNewsRoom.com
has no responsibility for and no liability for the availability of such external web sites or
resources, or for the Content, advertising, products or other materials available through such
web sites or resources.
You agree to indemnify, defend and hold harmless IndustrialNewsRoom.com, its parents,
subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners,
and suppliers, from and against any claim, demand, action, or damage, including reasonable
attorneys' fees, made by any third-party due to, arising out of or related to your connection
to the Web Site, your use of the Web Site, or your violation of this Agreement.
IndustrialNewsRoom.com, and the IndustrialNewsRoom.com logo are service marks and trademarks
of IndustrialNewsRoom.com. You may not use or display these marks without IndustrialNewsRoom.com's
prior written consent, which may be withheld or delayed in the sole discretion of
IndustrialNewsRoom.com. All other trademarks appearing on the Web Site are the property of
their respective owners.
Copyright, Copyright Agent
IndustrialNewsRoom.com respects the intellectual property of others, and we ask our users to do the
same. If you believe that your work has been copied in a way that constitutes copyright infringement,
please provide IndustrialNewsRoom.com's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Web Site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to act on
the copyright owner's behalf.
IndustrialNewsRoom.com's Copyright Agent for Notice of claims of copyright infringement on its
site is Paul Gerbino, who can be reached as follows:
By mail: 5 Penn Plaza, 8th Floor, New York, NY 10001
By telephone: +1 (888) 846-6638
By e-mail: firstname.lastname@example.org
IndustrialNewsRoom.com will notify the originator of the material in question and provide
them ten (10) days to respond to the claim. If IndustrialNewsRoom.com does not receive a
notice back as to good faith use or evidence of ownership of the material by the end of the
ten (10) day period, the item in question will be removed form IndustrialNewsRoom.com and
all related databases.
This Agreement shall be governed by and construed in accordance with the laws of the State
of New York, USA, without giving effect to conflict of laws provisions. You and
IndustrialNewsRoom.com agree to submit to the personal and exclusive jurisdiction of
the courts located within the County of New York, New York, USA.
If any provision of this Agreement is found by a court or other binding authority to be
invalid, you agree that every attempt shall be made to give effect to the parties'
intentions as reflected in that provision, and the remaining provisions contained in this
Agreement shall continue in full force and effect.
You agree that any claim or cause of action arising out of your use of the Web Site or this
Agreement must be filed within one year after such claim or cause of action arose or it
shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
Any failure by IndustrialNewsRoom.com to enforce or exercise any provision of this Agreement
or related right shall not constitute a waiver of that right or provision.