CircleofExperts.com (“Website”) is offered to you (“You” or “the User”) by Nitron Inc., (a wholly owned subsidiary of Evalueserve Ltd.) doing business as Evalueserve Circle of Experts (“CoE”), depending on your acceptance of the terms, conditions, and notices listed below (“the Agreement”) or found elsewhere on the Site (“Other Conditions”). At its sole discretion, and at any time, CoE may revise the Terms or Other Conditions without prior notification. Unless otherwise provided below, revised terms take effect when they are posted, and use of the Site after such terms have been posted constitutes acceptance.
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE AGREEMENT AND OTHER CONDITIONS. THE AGREEMENT COMPRISES THE ENTIRE AGREEMENT BETWEEN YOU AND CoE WITH RESPECT TO YOUR USE OF THE SITE AND SUPERSEDES ALL PRIOR AGREEMENTS BETWEEN THE PARTIES.
Personal Use Only
The Site is for your personal, non-commercial use ONLY. Other than copying information from the Site for your personal use, you may not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the Site.
You agree that should you provide inaccurate or incomplete information to CoE; view, use, or tamper with any non-public area of the site; violate the intellectual property rights or any ownership rights of other persons or entities (see Intellectual Property, below); post, transmit, mail, or in any way convey ("Convey") information, text, files, links, software, or any other material ("Material") to the Site that you do not have a legal or contractual right to post; convey any Material that is in any way illegal, false, obscene, libelous, fraudulent, defamatory, threatening, grievously, or offensive to the Internet community and/or harmful (including, but not limited to, viruses, corrupt files, or any other similar software or code) or otherwise objectionable; or convey any advertising or commercial solicitation to other users, CoE may deny you use of the site indefinitely. You further agree that CoE has, to the fullest extent allowed by law, the right to deny any and all site uses, services, benefits, or privileges whatsoever to You for any reason, and that the enumerated list above is provided for your convenience and does not limit CoE's discretion, to the fullest extent allowed by law, to deny You site use for any reason.
When You convey any and all Material to the Site, You, to the fullest extent allowed by law, are guaranteeing or warranting that the owner of such Material has expressly granted a royalty-free, perpetual, irrevocable, non-exclusive right to use, license, reproduce, modify, transmit, distribute, perform, display, and delete such Material worldwide in any fashion and in any medium CoE desires.
Copyright and Trademark
Any and all contents of the Site including, without limitation, contribution to the Site's interactive forums or user submitted material of any kind whatsoever, are Copyright © 2008 Evalueserve Circle of Experts and/or its suppliers. All rights reserved.
CoE reserves the unabridged right to deny any site use, service, benefit, or privilege whatsoever to any individual it deems to have violated or infringed on the intellectual property rights of others.
To file a notice of infringement with us, please email to CoECompliance@evalueserve.com
Third Party Sites
The Site may contain links to other World Wide Web sites or resources, including, without limitation, Web publishers, merchants, and advertisers ("Third Party Sites"). You acknowledge and agree that CoE does not endorse, support, guarantee, or evaluate any material whatsoever on any and all Third Party Sites, that CoE expressly disclaims all liability regarding the availability, accuracy, quality, or truthfulness of all content or advertising on Third Party Sites, and that CoE further disclaims any liability arising from the use or sale of any product or service on or available from Third Party Sites. You use the links at your own risk.
Your interaction with any Third Party Site or any Third Party Site representative, including payment and delivery of any and all goods or service, and any other promises, contracts, terms, conditions, warranties, or representations associated with such interaction, are solely between You and such Third Party and are conducted at your own risk. You agree not to hold CoE liable for any loss, damage, claim, deprivation, or injury incurred as the result of any such Third-Party Site dealings, or as the result of the linking of Third-Party Sites to the Site.
Unedited Third Party Content
You acknowledge that CoE is a distributor, not a publisher, of the unedited content provided to it by Third Parties and Site users ("Third Party Content") and has no editorial control over such content. You acknowledge that CoE does not monitor Third Party Content for accuracy, reliability, and quality and you acknowledge that CoE does not endorse and is not responsible for the accuracy, reliability, and quality of any Third Party Content.
Errors and Disclaimer of Warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE MATERIAL ON SITE IS PROVIDED "AS IS" AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR MERCHANTIBILITY. Exclusion of implied warranties is not allowed in some jurisdictions, so the entirety of the above exclusion may not apply to you. CoE believes that all information on the Site that CoE produces comes from accurate and reliable sources. However, you acknowledge that CoE does not guarantee or warrant that the information provided is accurate, and you use the site at your own risk. The information provided may not be accurate, correct, or suitable for any number of situations, including yours. You acknowledge that the information provided on this Site is for entertainment and enrichment value only, that it is not a substitute for expert advice, and that you should consult an expert or other authority before using, acting on, or relying upon information on this Site. CoE also does not guarantee that the Site or posted Material or server that the Site uses will be free of viruses or other harmful components and disclaims all liability for any damage resulting from the presence of such viruses and harmful components.
CoE ALSO MAKES NO WARRANTY OR GUARANTEE AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OR RELIANCE ON MATERIAL ON THE SITE. CoE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED, PROMISED, CONTRACTED FOR, OR OBTAINED THROUGH THIRD PARTY SITES ASSOCIATED WITH CoE, AND DISCLAIMS ALL LIABILITY FOR DAMAGES OF ANY TYPE INCURRED AS A RESULT OF THE USE OR RELIANCE ON GOODS AND SERVICES PROVIDED BY THIRD PARTIES.
Limitation of Liability
CoE's TOTAL LIABILITY TO YOU FOR ALL CLAIMS, ACTIONS, DEMANDS, JUDGMENTS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY. TO THE FULLEST EXTENT ALLOWED BY LAW, CoE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE AND THE SITE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. The above exclusion may not apply to You, if your jurisdiction does not allow limitation or exclusion for consequential or incidental damages.
You agree to indemnify and hold harmless CoE , its directors, employees, and agents from and against any claims, actions, or demands of any type made by any third party arising from or in connection with your use of the Site or your violation of this Agreement.
This Agreement will be governed by the law of New York, USA, without regard to its conflicts of law provisions. This Agreement does not in any way foreclose or limit any other rights, claims, or actions CoE has under the law, or may have under the law.
The bold headings in the Agreement are for ease of use and have no binding effect.