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IndustryCompetitorAnalysis.com ("IndustryCompetitorAnalysis.com" - which
definition shall also include any person, firm or organisation providing any product
service or information to or through
IndustryCompetitorAnalysis.com) provides its information services ("Services" -
which definition shall also include this Web site and all the information and data
provided to you via this Web site) to you subject to the following notices, terms and
conditions ("Terms"). BY USING THE SERVICES YOU ARE DEEMED TO HAVE ACCEPTED ALL
OF THE NOTICES, TERMS AND CONDITIONS THAT APPEAR BELOW AND AGREED TO BE BOUND BY THEM. YOU
MAY NOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
IndustryCompetitorAnalysis.com reserves the
right to modify all or any part of these Terms or make changes to the Services or to
withdraw the Services or any part of them at any time at its own discretion and without
notice to you. It is therefore recommended that you revisit these Terms regularly so that
you are aware of the Terms in force at any particular time. You will be deemed to be bound
by those Terms prevailing at each time that you use the Services and each such use shall
be a separate, discrete transaction based on the then prevailing Terms.
IndustryCompetitorAnalysis.com provides the Services to you on an "as is"
basis. IndustryCompetitorAnalysis.com has made efforts to ensure that the information
contained in the Services is accurate but does not give any warranty, guarantee or other
term or representation of any kind, either express or implied, as to the completeness or
accuracy of any such information . All
material provided through the Services is for informational purposes only and must not be
interpreted as an endorsement or otherwise of any specific person, firm, company or other
organisation by IndustryCompetitorAnalysis.com.
The Services are intended to provide one
source of information; you should not rely exclusively on the Services but should make
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on any subject, and nothing contained in the Services is intended to be given or taken as
advice on any subject. The Services shall be provided in such manner at such times and in
such places as IndustryCompetitorAnalysis.com shall from time to time in its absolute
discretion determine.
IndustryCompetitorAnalysis.com reserves the right to modify, alter the nature of or
discontinue the Services or any part of the Services without notice.
IndustryCompetitorAnalysis.com shall not be liable for any typographical or other errors
or omissions in the Services. Except as may be specifically stated herein, to the fullest
extent permitted by applicable law, in no event shall IndustryCompetitorAnalysis.com, nor
any of its directors, employees or other representatives be liable for any damages, loss
or claim of any kind howsoever arising out of or in connection with the use of the
Services including (without limitation) compensatory, direct or indirect, special,
punitive, consequential or exemplary damages, lost profits, lost sales or business, lost
data or inability to use data, loss of or damage to property and claims of third parties
irrespective of whether IndustryCompetitorAnalysis.com or any of its directors, employees
or other representatives has been informed of, knew of, or should have known of the
likelihood of such damages. This limitation applies to all causes of action including
(without limitation) breach of contract, breach of warranty, negligence, strict liability,
misrepresentation and other torts, although IndustryCompetitorAnalysis.com does not seek
to limit its liability for death or personal injury caused by their negligence. If
IndustryCompetitorAnalysis.com’s limitation of liability set out in this agreement
shall for any reason whatever be held unenforceable or inapplicable in whole or in part,
or in the event that a judgment is awarded against IndustryCompetitorAnalysis.com arising
out of your use of the Services (other than in the case of death or personal injury) you
hereby agree that IndustryCompetitorAnalysis.com’s entire liability to you or anyone
claiming through you, whether in tort or contract, arising out of any one incident or
series of connected incidents shall in any event not exceed 2,000 GBP in aggregate or
three times the cost of all services or reports you have purchased from or through IndustryCompetitorAnalysis.com in the 12
months preceding the date of any claim, whichever is the higher.
By their very nature, some of the facts or
opinions you receive from the Services may be open to dispute, particularly by the subject
company or its directors, or considered damaging or defamatory. If you breach any of the
terms set out in these Terms and Conditions relating to the use of or dissemination of
information from the Services, you agree to indemnify in full
IndustryCompetitorAnalysis.com against all liabilities, claims, costs and expenses which
they may incur as a result.
You agree that all information you provide
to IndustryCompetitorAnalysis.com or it’s agents in the context of using our Services
shall be accurate and that you will inform IndustryCompetitorAnalysis.com or it’s
agents as soon as you are aware of any changes.
Intellectual Property
The data, information and material contained in the Services, all Web site design, text
and graphics and the selection and arrangement thereof and all software used to operate
the Services and the trademarks, logos and other intellectual property used in connection
with the Services are the property of IndustryCompetitorAnalysis.com. No licence of any
such intellectual property rights is granted to you as a result of your use of the
Services. Other product and company names mentioned in the information provided in the
Services may be the trademarks of their respective owners.
General
This agreement constitutes the entire agreement and understanding between
IndustryCompetitorAnalysis.com and you. It supersedes any previous agreement or
understanding and may not be varied except in writing between us. All other terms and
conditions, express or implied by statute or otherwise, are excluded to the fullest extent
permitted by law.
Any notice required or permitted to be
given by either party to the other under these Terms shall be in writing addressed to the
other party at its registered office or principal place of business or such other address
as may at the relevant time have been notified pursuant to this provision to the party
giving the notice. No failure or delay by either party in exercising any of its rights
under this agreement shall be deemed to be a waiver of that right, and no waiver by either
party of any breach of this agreement by the other shall be considered as a waiver of any
subsequent breach of the same or any other provision.
If any provision of this agreement is held
by any competent authority to be invalid or unenforceable in whole or in part, the
validity of the other provisions of this agreement and the remainder of the provision in
question shall not be affected. Any dispute arising under or in connection with this
agreement or the Services shall be referred to arbitration by a single arbitrator
appointed by agreement or (in default) nominated on the application of either party by the
President for the time being of The British Computer Society in accordance with the rules
of The British Computer Society.
This Agreement shall be governed and
construed in all respects in accordance with English law and the parties irrevocably agree
to submit to the sole and exclusive jurisdiction of the English Courts. The Services are
not directed at people in any other country and should not be relied upon by people of any
country other than the United Kingdom. You are responsible for compliance with the laws of
your local jurisdiction regarding the use of the Services.
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