Initiative for a Competitive Inner City (“ICIC”, “we” or “us”) maintains this website (the “Website”) as a source of information about the ICIC and its activities. By using the Website, you agree to comply with and be bound by the following terms and conditions (this “Agreement”), which we may change at any time by posting notice on the Website. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, please do not use the Website.
1. Conditions on Using the Website.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, information, publications and other content of the Website, including any Submissions (as defined below), and any of the foregoing sent to you by e-mail or other means (collectively, the “Site Content”) are proprietary to us or to third parties.
ICIC authorizes you to view, download, and print the Site Content subject to the following conditions: (a) you may only download and print the Site Content in limited quantities for your personal, non-commercial use; (b) you may not modify the Site Content; (c) any displays or print outs of the Site Content must be marked “© Initiative for a Competitive Inner City, Inc. 2009-2010. All rights reserved.”; and (d) you may not remove any copyright, trademark or other proprietary notices that have been placed in the Site Content. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of ICIC.
All software used on the Website is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited.
The marks INITIATIVE FOR A COMPETITIVE INNER CITY, ICIC, and the ICIC logo are registered or unregistered trademarks of ICIC or its affiliates, and may not be used in connection with any service or products other than those provided by ICIC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ICIC. Any use of such marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.
You agree, and represent and warrant, that your use of the Website and the Site Content, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Website, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
2. Submissions Made Directly to ICIC Belong to ICIC.
In the event that you choose to use this website or any email addresses of ICIC personnel located through this Website to submit to the ICIC ideas or suggestions to improve the Website or any ICIC products or services, or otherwise relating to the operation of the ICIC or the Website (all of the foregoing being “Submissions”), the Submissions will be deemed, and will remain, the sole property of ICIC. None of the Submissions will be subject to any obligation of confidence on the part of ICIC, and ICIC and any ICIC subsidiaries or affiliated entities (“ICIC Affiliates”) will not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, ICIC will be entitled to unrestricted use and other exploitation of the Submissions for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Submissions.
The Website may contain links to third-party websites. Any linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by ICIC. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
In addition, you may not link to any part of the Website or any Site Content or frame or otherwise display in any manner the Site Content at any other website or elsewhere, with the exception that third party websites of legitimate businesses may include on their websites a hypertext link to this Website if the link is not misleading or deceptive and does not harm the reputation of ICIC, unless ICIC has requested in writing that the link be removed.
4. Warranty Disclaimers and Limitations of Liability.
ICIC and ICIC Affiliates make no representations or warranties of any kind regarding the Website and the Site Content. The Website and Site Content are provided in “AS IS” condition, and ICIC and ICIC Affiliates EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE WEBSITE AND THE SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE WEBSITE OR THE SITE CONTENT, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR THE SITE CONTENT. No advice or information, whether oral or written, obtained by you from ICIC, any of ICIC Affiliates or through the Website or Site Content will create any warranty not expressly stated herein.
YOU USE THE WEBSITE AND THE SITE CONTENT AT YOUR OWN RISK, AND NEITHER ICIC NOR ICIC AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM ICIC OR ICIC AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE OR SITE CONTENT, EVEN IF ICIC OR ICIC AFFILIATES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
6. Applicable Law and Jurisdiction; Compliance.
You and ICIC agree that all matters arising from or relating to the use and operation of the Website will be governed by the substantive laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Website will be heard and resolved in the federal and state courts located in Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Website from locations other than Massachusetts, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Website or Site Content in violation of U.S. export laws or regulations.
7. Miscellaneous Provisions.
No delay or omission by ICIC in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by ICIC of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to.” If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and ICIC regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.