Website and Magazine (the "Service") Subscription Agreement

The terms of this Agreement and all operating rules published over the Service constitute the entire agreement (collectively the "Agreement") between Middle Market Information LLC (“MMI”), publisher of Mergers & Acquisitions, and you ("Subscriber" or “You”) with respect to the Service.

1. MMI may change the terms of the Agreement including, without limitation, the fees for the Service or for any information products on the Service at any time upon notice published over the Service. You may review the Agreement applicable to your then current use by clicking the "Subscription Agreement" button on the home page. You should click "Subscription Agreement" each time you access the Service to review a copy of the then current Agreement. By using the Service after any change to the Agreement is posted on the Service you will be deemed to be bound by all of such changes.

 

2. MMI may discontinue or revise any and all aspects of the Service or any of the information products on the Service at its sole discretion and without prior notice. In no event will MMI be responsible for refunding any prepaid fees.

 

3. In no event shall MMI be liable for any damages caused by the inability of the Subscriber to access the Service as a result of network or server downtime, transmission problems or otherwise. MMI does not guarantee the uptime of the Services.

 

4. MMI SUBSCRIPTION REFUND & CANCELLATION POLICY.

 

Renewals: If you chose a monthly subscription, you will be billed monthly and it will automatically continue unless you notify us. We will notify you at least 14 days in advance of any changes to the price in your subscription that will apply upon next monthly renewal. Please see the “How to cancel” section below for details of how to cancel your monthly subscription. If you choose a six month or annual subscription, at least 14 days before each renewal you will be sent a reminder notice stating the rate that will apply for the renewal period. Unless you notify us before the end of your six month or annual subscription period that you wish to cancel, your subscription will renew for another six months or year, depending on your subscription plan. We will charge the subscription using the same card or other payment method that you previously used.

 

Initial cancellation period: Depending on the type of subscription you have, you may have a right to cancel your subscription within a limited period after placing your order, as follows.

 

Online-only subscriptions: By placing your order you agree that we may start your subscription immediately upon our accepting your order. This means that you are not entitled to a refund if you change your mind after we have provided you with access to your subscription.

 

Print subscriptions: Any subscription canceled within the first 6 months will receive a refund for all unmailed issues. No refund will be given for any subscription that has less than 6 months remaining in the term.

 

Corporate/group/site subscriptions: this type of subscription is not refundable. By entering into a mutually agreed-upon subscription agreement you agree that we may start your subscription on the service activation date. All subscription charges must be paid in accordance with the subscription agreement. Payment is due within 30 days after subscriber/customer receives each invoice.

 

How to cancel: You may notify us of your wish to cancel your subscription by contacting our Customer Service team at cs@themiddlemarket.com or call 332-228-1881.

 

5. COPYRIGHT. All information available through the Service is protected by copyright or other intellectual property laws. You may display and print information obtained through the Service solely for your own personal, non-commercial use. You may not reproduce, retransmit, distribute, store in a retrieval device, disseminate, sell, publish, broadcast or circulate the information obtained through the Service to anyone, without the express written consent of MMI. You agree not to use any information obtained through the Service for any unlawful or unauthorized purpose.

 

6. INTELLECTUAL PROPERTY. The Subscriber agrees that the Licensed Product and the Content are and will remain the property of MMI, and that the Subscriber does not have any License or right to use any trade or service mark displayed in the Licensed Product or the Content without the express written permission of MMI. MMI’s intellectual property rights in and to the Licensed Products and the Content are protected by United States and international copyright and trademark laws, and Subscriber agrees that its Employees are not authorized to reproduce, copy, republish, upload to a third party or distribute the Licensed Product or the Content, except in accordance with this Agreement.

 

7. THIRD PARTY PROVIDERS. All third party information available through the Service is protected by copyright or other intellectual property laws. You may display, print and transmit information obtained through the Service only for your own personal, non-commercial use. You may not reproduce, retransmit, distribute, store in a retrievable device, disseminate, sell, publish, broadcast or circulate the information obtained through the Service without the express written consent of MMI. Third party providers of news on the Service are not responsible for any delay in your receipt of the licensed information resulting from the inherent limitations of the internet transmission via the World Wide Web. Due to the number of sources from which the licensed information is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in the licensed information. The licensed information is provided "as is", without any warranties. Third party news providers and their affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, currentness, timeliness, no infringement, title, merchantability or fitness for a particular purpose of the licensed information, and they hereby disclaim any such express or implied warranties. Neither the third-party providers nor any of their affiliates, agents or licensors shall be liable to you or anyone else for any loss or injury, other than death or personal injury resulting directly from use of the licensed information, caused in whole or part by its negligence of contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the licensed information. In no event will third-party providers, their affiliates, agents or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on such licensed information. The third-party providers and their affiliates, agents and licensors shall not be liable to you or anyone else for any damages (including, without limitation, consequential, special, incidental, indirect or similar damages), other than direct damages, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for damages or the exclusion of certain types of warranties, parts or all of the above limitation my not apply to you.

 

9. NETWORK SECURITY. Violations of this Agreement include, but are not limited to, any attempt to avoid user authentication or security of any host, network or account. This includes accessing content that is not intended for visitors and logging into an account you are not expressly permitted to access. Attempting to force a denial of service by email bombing, packet spoofing or ping flooding, among other measures, is strictly prohibited. You are forbidden to perform any kind of network monitoring, including probing the security of networks or attempting to intercept data not intended for you.

 

10. RESTRICTIONS. The Subscriber must ensure that only Nominated Users access and use the Licensed Product in accordance with this Agreement, and that such access and use is only for the purpose of enabling the subscriber to carry on its business in the normal course. The Licensed Product may not be reproduced, copied or resold in any format. The Subscriber agrees to take all necessary precautions to assure that no unauthorized persons have access to the licensed product and that all authorized persons having access refrain from unauthorized disclosure, duplication or reproduction. Nominated Users are not permitted to store copies of the licensed product or parts thereof on any computer, PDA or network where they can be accessed by employees who are not nominated users.

 

11. WARRANTY. Because of the possibility of human or mechanical error by MMI or its licensors, neither MMI nor any of its licensors guarantee the accuracy, adequacy, completeness, currentness or noninfringement of the Service or any information on the Service and are not responsible for any errors or omissions, for the results obtained from the use of the Service or such information, or for delays or interruptions in the service. There are no express or implied warranties including, without limitation, warranties of merchantability or fitness for a particular purpose or use with respect to the service or any information available through the Service. In no event will MMI or any of its licensors be liable for damages, direct, indirect, special or consequential (including lost profits) in connection with the use of the service, even if notified of the possibility of such damages. The sole remedy of subscribers to the service in the event of a breach of this agreement by MMI shall be to terminate this Agreement and obtain a refund of a pro-rata portion of any prepaid subscription fees based on the date of termination. The provisions of this section will survive any termination of this Agreement.

 

12. LICENSE FEE. Each Subscriber is responsible for all charges incurred and all statements which are made while such Subscriber's Password or Username is being used. Each Subscriber is responsible for sales, use or similar taxes relating to the use of MMI accessed through such Subscriber's Password or Username. All fees and other charges will be charged on an annual or other basis, as indicated on the Service, to the Subscriber's credit card registered by the Subscriber with MMI or invoice statement. Your acceptance of this Agreement constitutes your authorization to make those charges. Subscribers must notify MMI of all changes in the expiration date of the credit card being used for MMI.

 

13. GENERAL. This Agreement is personal to You and You may not assign any of your rights or obligations under this Agreement to anyone. The Agreement constitutes the entire agreement between you and MMI with respect to the Service and may be amended by notice by MMI given on the Service as herein provided. This Agreement shall be governed in all respects in accordance with the laws of the United States of America and Connecticut governing contracts to be wholly entered into and performed within Connecticut. The courts sitting in the State of Connecticut, Federal and State, shall have exclusive jurisdiction of any dispute arising under this Agreement.

 

Notice may be given by MMI through the Service including, without limitation, via e-mail or posting for access under "Subscription Agreement" on the home page or by mail to the last address given by the Subscriber to MMI. Notice by a Subscriber shall be given to MMI Customer Service by e-mail to cs@themiddlemarket.com, or by mail to MMI, 14 Woodway Lane, Wilton, CT 06897. Notices shall be deemed given when posted on the Service or on the recipient's e-mail or when received if sent by mail.