1. USE OF THE MMI WEB SITE
The Content is the exclusive property of MMI or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Web Site and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on the Web Site may be registered or unregistered marks of MMI or others. Nothing contained on this Web Site should be construed as granting any license or right to use any of the Marks displayed on the Web Site without the express written permission of MMI or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. To request permission to use any Content or other MMI material, please contact MMI at [firstname.lastname@example.org].
You shall honor all reasonable requests by MMI to protect MMI's proprietary interests in the MMI Web Site.
2. USER'S CONTENT
Warrant that such contribution is your own original work and that you have the right to make it available to MMI for all the purposes specified above;
Indemnify MMI against all legal fees, damages and other expenses that may be incurred by a result of your breach of the above warranty; and
Agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Web Site and the other purposes specified above.
Users entering material into the Web Site are responsible for the Other Content. MMI has no responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the MMI Web Site. However, MMI retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content that MMI deems to be illegal, offensive, or otherwise inappropriate.
You may not input or distribute any material through the MMI Web Site that is promotional in nature, including solicitations for funds or business, without the prior written authorization of MMI.
3. INDEMNIFICATION The User agrees to indemnify MMI and their affiliates and agents from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, that MMI and their affiliates and agents may incur as a result of either: (i) User's use of the Website; or (ii) the User's breach of these Terms and Conditions.
4. LINKS TO OTHER WEB SITES
You may, through hypertext or other computer links, gain access to web sites operated by persons other than MMI. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites' owners. You agree that MMI is not responsible for the content or operation of such web sites, and that MMI shall have no liability to you or any other person or entity for the use of third party web sites. Except as described below, a hyperlink from this Web Site to another web site does not imply or mean that MMI endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from the MMI Web Site.
5. MMI PRODUCTS AND SERVICES
6. ANTI-HACKING PROVISION
You expressly agree not to use this Web Site in any manner or for any purpose that is prohibited by these terms and conditions. In addition, you expressly agree not to:
use the Web Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Web Site or any data or content found on or accessed through the Web Site without prior express written consent;
obtain or attempt to obtain through any means any materials or information on the Web Site that have not been intentionally made publicly available either by their public display on the Web Site or through their accessibility by a visible link on the Web Site;
in any way bypass or circumvent any other measure employed to limit or prevent access to the Web Site or its content;
violate the security of the Web Site or attempt to gain unauthorized access to the Web Site, data, materials, information, computer systems or networks connected to any server associated with this Web Site, through hacking, password mining or any other means;
interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on or through the Web Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Web Site; or
take or attempt any action that, in the sole discretion of this Web Site's operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Web Site or such operation's infrastructure.
7. COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Web Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions could be subject to criminal or civil penalties.
8. TERM; TERMINATION
These Terms and Conditions are effective until terminated by MMI. MMI may terminate these Terms and Conditions with respect to you or any other third party without notice at any time for any reason. Upon termination all rights granted in these Terms and Conditions shall immediately cease to exist and you must promptly discontinue all use of the Content and the Web Site and destroy all copies of the Content downloaded by you. In addition, in the event that we determine, in our sole discretion, that you have breached any of our Terms and Conditions, we reserve the right to terminate access to the Web Site and take any other action which we, in our sole discretion, deem to be appropriate. All terms that by their nature should survive termination of these Terms and Conditions will survive.
9. COPYRIGHT AND TRADEMARK NOTICES
All contents of the MMI Web Site are: Copyright 2020 by MMI and/or its affiliates. All rights reserved.
10. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to MMI's designated contact referenced at the end of these Terms and Conditions. ALL INQUIRIES NOT SUBMITTED ACCORDING TO THIS PROCEDURE WILL RECEIVE NO RESPONSE.
THE CONTENT AND THE WEB SITE ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES. NEITHER MMI NOR OPIS MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE MMI WEB SITE, THE MMI WEB SITE'S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE MMI WEB SITE. MMI HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF NONINFRINGEMENT. NEITHER MMI NOR OPIS SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FORANY DAMAGES RESULTING THEREFROM.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MMI AND/OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MMI WEB SITE, WITH THE DELAY OR INABILITY TO USE THE MMI WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MMI WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MMI WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MMI (OR ANY OF ITS AFFILIATES) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL UCG, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MMI WEB SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MMI WEB SITE.
This Web Site is controlled by MMI from its offices within the State of Connecticut, United States of America. MMI makes no representation that the Content is appropriate for use in other locations. Any claim relating to the Content will be governed by the laws of the State of Connecticut, notwithstanding any conflicts of law principles, and the United States of America. You and MMI agree that and hereby submit to the exclusive personal jurisdiction and venue of the State and Federal Courts located in Fairfield County, Connecticut with respect to any such claim. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Site and these Terms and Conditions must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. Any part of these Terms and Conditions that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions. All waivers must be in writing. Any waiver or failure to enforce these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You may not assign your rights or obligations granted under these Terms and Conditions without the prior written consent of MMI. Any attempted assignment or transfer without such prior written consent from MMI shall be null and void. The headings of sections of these Terms and Conditions are for convenience only and are not to be used in interpreting these Terms and Conditions. In the event MMI is required to initiate legal proceedings to enforce any provision of these Terms and Conditions or you initiate any legal proceedings relating to these Terms and Conditions, the prevailing party shall be entitled to recover all reasonable attorneys' fees from the other party. These Terms and Conditions constitute the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. These Terms and Conditions may only be modified by MMI in writing.
14. Contact Information
All requests for further information or for permission to reproduce any portions of the Content or Web Site should be directed to: Chief Executive Officer, Middle Market Information LLC, 14 Woodway Lane, Wilton, CT PHONE: 332-228-1881; FAX: 312-818-3204.
These Terms and Conditions were last updated on August 26, 2020.