ROUND TABLE GROUP, INC.
TERMS AND CONDITIONS OF USE OF WEBSITE, CD-ROMS, AND/OR SERVICE
Your access to and use of the RTG Website, RTG CD-ROMS, and/or the Service is governed by the following Terms and Conditions of this License Agreement between Round Table Group, Inc. ("RTG" or "Licensor") and you the ("Licensee"), and your use thereof constitutes your agreement to be bound hereby. If you do not agree, you should not use the Website, CD-ROMS, or Service. These terms and conditions govern your access to and use of Licensor’s content and related features, whether delivered via a Website or via CD-ROM (the "Service") which may contain transcripts, information, products, Postings (as defined below), software, services, features, presentations, discussion groups, streaming video, text, outlines, slides, audio, and any other content made available therein ("Content").
1. LICENSE; RESTRICTIONS ON USE
1.1 In consideration of an agreed upon fee, you are granted a nonexclusive, nontransferable, limited license to access and use the Service made available to you in accordance with these Terms and Conditions. This license gives the number of individuals you sign up and pay for access to the Service. Only the individual employees of your firm who are specified by you may access the Service and the Content. Each individual user shall be provided with a user name and password. No individual user may share or transfer his or her password with or to any other individual whether or not such other individual is employed by your organization. Licensor may terminate all access to the Service immediately for violation of the terms of this license. No refunds will be given if Access is terminated for this reason.
1.2 All right, title, and interest (including all copyrights and other intellectual property rights) in the video content, links, transcripts, and all other Content, and the Service belong to Licensor or a third party content supplier. All right, title, and interest (including all copyrights and other intellectual property rights) in the streaming video technology (the "Technology") belong to Licensor or a third party technology provider. You acquire no proprietary interest in the Service, the Content, or the Technology. You may not remove or obscure the copyright notice or other notices contained in information, products, and software retrieved from the Content. You may not use the Service, the Content or the Technology in any fashion that infringes the copyrights or proprietary rights therein. ROUND TABLE GROUP, the ROUND TABLE GROUP Logo, ROUND TABLE VENTURES, the ROUND TABLE VENTURES Logo, LINKING LEADERS WITH SCHOLARS and E-COMMERCE BOOTCAMP are the service marks of RTG. No use of any of these may be made without the prior, written authorization of RTG, except to identify the products or services of RTG.
1.3 You and other third parties with access to the Content via the Website may now or in the future have opportunities to distribute, display, transmit or publish, via electronic mail, bulletin board posting or otherwise, information, materials or other works of authorship to other users with access to the Service ("Postings"). You will ensure that all Postings made, distributed, displayed, transmitted or published by you comply with all requirements established and published by Licensor herein and elsewhere, as well as with all applicable laws, rules and regulations. Postings may not infringe or otherwise violate the rights of Licensor or any third parties, including but not limited to intellectual property and other ownership rights (including copyrights and trademarks), privacy rights, and publicity rights. All Postings must be in good taste and shall not contain any profanity, vulgarity, pornography or other content that may be reasonably considered offensive.
1.4 Licensor is allowing Postings to facilitate the exchange of information between you and other professionals. Licensor does not hold itself out as a publisher with respect to Postings by you or any other users of the Service. Accordingly, Licensor does not represent that it will read and/or otherwise screen Postings for content or compliance with these Terms and Conditions. Licensor does reserve the right to utilize screening software and to block or remove any Postings that it is made aware of via this screening software, complaint, or otherwise and that it believes, in its sole discretion, to violate the terms, conditions, or spirit of these Terms and Conditions; however, Licensor does not guarantee that it will so block or remove any or all such Postings.
1.5 The opinions and advice found in the Content are those of the author and not necessarily those of Licensor. Licensor makes no representations with respect to the information in the Content including but not limited to its accuracy, completeness, timeliness, reliability, or relevancy.
1.6 Except with respect to products or services expressly designated as otherwise, the Internet, and the Content provided through an Internet-based service, is an open environment and therefore unsecure (i.e. third parties may be able to read your mail or otherwise monitor your actions). You will refrain from including in any Postings or otherwise disclosing on or in connection with your use of the Service any confidential information, except in connection with use of products or services expressly designated as "secure."
1.7 By making Postings on or through the Service, you grant to Licensor a perpetual, royalty-free, fully paid-up world-wide license to use, distribute, sublicense, lease and market (directly or indirectly through agents and distributors), display, perform, modify and have modified, reproduce, copy and have copied, publish and prepare derivative works thereof in any form and format and in any media in existence or hereinafter developed, the Postings and any and all information contained therein.
1.8 You may not decompile, reverse engineer, disassemble, rent, lease, loan, sublicense, create derivative works from the Service, the Content, or the Technology, which includes the information and software made available therein. You may not copy, modify, reproduce, republish, distribute, transmit or use for commercial or public purposes the Content, except to the extent required in order for you to use the Service in the manner expressly intended by Licensor. You may not use or otherwise export or re-export the Content in violation of the export control laws and regulations of the United States of America.
1.9 There is not necessarily a relationship between Licensor and the third party owners of any websites accessible through hot links in the Content and those third party owners and their licensees retain all right, title and interest (including all copyrights and other intellectual property rights) in such third party websites and the materials available therein.
1.10 You may provide hot links to the Service from locations outside the Service provided (a) you link only to the home page designated by Licensor (b) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice or other notices in the Service, (c) you give Licensor notice of such link by sending an e-mail message to Russ Rosenzweig and (d) you discontinue providing hot links to the Service if notified by Licensor.
2. ACCESS TO THE SERVICE
2.1 Access to the Service may be provided either via internet streaming video or by special arrangement via CD-ROM. These Terms and Conditions shall apply regardless of the manner in which the Service is provided, except as the context may otherwise require.
2.2 Access to the Content is limited to those individuals or entities who have registered and subscribed for access. Licensor does not authenticate the identities of users, except in connection with products or services wherein it is expressly designated otherwise.
2.3 Information, products, software, services and features may be added to or withdrawn from the Service and the Service otherwise changed without notice.
3. LIMITATION OF LIABILITY
3.1 YOU AGREE THAT USE OF THIS WEBSITE, CD-ROMS, OR THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THIS WEBSITE, CD-ROMS, AND THE SERVICE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR FOR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE, CD-ROMs, OR THE SERVICE, INCLUDING WITHOUT LIMITATION THE CONTENT OR ANY SOFTWARE LICENSED TO YOU. SPECIFICALLY, RTG DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3.2 THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, CD-ROMS, OR THE SERVICE, OR ITS CONTENT, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT RTG IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
3.3 NEITHER RTG NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE WEBSITE, CD-ROMS, OR THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE, CD-ROMs, OR THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.
3.4 FURTHERMORE, RTG SHALL NOT BE LIABLE EVEN IF IT HAS BEEN NEGLIGENT OR IF ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES -- OR BOTH.
3.5 IN ANY EVENT, RTG’S LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY'RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR WEBSITE, CD-ROMS, OR THE SERVICE.
3.6 THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE OR ON THE CD-ROMS.
4. DISCLAIMER
4.1 THE MATERIAL IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. RTG MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RTG DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RTG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RTG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT RTG) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
4.2 RTG sometimes provides access to other World Wide Web sites from RTG’s website. RTG does not endorse or approve any products or information offered at sites you reach through RTG’s site. Check the Uniform Resource Locator (URL) address provided in your Internet browser to see if you are still in an RTG-operated site or have moved to another site. Your linking to the website, off-site pages or other sites is at your own risk and without the permission of RTG.
4.3 Although RTG may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the website, RTG is under no obligation to do so and assumes no responsibility or liability arising from the content of any such communications nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. RTG will fully cooperate with any law enforcement authorities or court order requesting or directing RTG to disclose the identity of anyone posting any such information or materials.
4.4 RTG controls and operates its website from its headquarters in Chicago, Illinois, in the United States of America. We in no way imply that the Content is appropriate or available for use outside of the United States. If you use RTG’s website from locations outside of the United States, you are responsible for compliance with any applicable local laws.
5. LICENSEE REPRESENTATIONS; INDEMNIFICATION
5.1 You hereby represent and warrant that (a) the information you have provided to Licensor is true and accurate, (b) you will at all times comply with all applicable laws, rules, and regulations with respect to your use of the Service, (c) you will not use the Service, in connection with making Postings or otherwise, to infringe, misappropriate or violate the rights of Licensor or third parties, (d) you will only make Postings of such information to which you have sufficient rights to grant the license set forth in Section 1.7 above, (e) you will not knowingly include in Postings or otherwise introduce to or through the Service any viruses or other items of a destructive nature, and (f) you will comply at all times with these Terms and Conditions for the Service as they may be amended from time to time by Licensor.
5.2 You will indemnify and hold harmless Licensor against any and all judgments, settlements, penalties, costs and expenses (including attorneys' fees) paid or incurred in connection with claims due to, resulting from or arising in connection with Postings made distributed, displayed, transmitted or published by you, including but not limited to those attributable to (a) infringement, misappropriation or violation of any copyrights or other proprietary rights of any third party, and (b) errors in or omissions from such Postings.
6. MISCELLANEOUS
6.1 These Terms and Conditions for the Service may be changed by Licensor from time to time. Continued use of the Service following any change constitutes acceptance of the change. Changes shall be posted on the Terms and Conditions link of the RTG website. In the event of a discrepancy between printed Terms and Conditions and the Terms and Conditions on the RTG website, the latter shall govern.
6.2 The initial term of this Service is one year from the date of this agreement. Licensor may suspend or discontinue providing the Service prior to the expiration of the one year term in the event that you or any individual employee authorized by you to access the Service violates these Terms and Conditions. In such case, no refund will be made. Licensor may pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
6.3 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Service by Licensor. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed in the Service; or on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you. Except as expressly directed otherwise by Licensor herein or elsewhere in the Service, notices to Licensor should be sent to Russ Rosenzweig.
6.4 The failure of Licensor to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
6.5 You may not assign your rights or delegate your duties under these Terms and Conditions for the Service.
6.6 These Terms and Conditions for the Service shall be governed by and construed in accordance with the laws of the State of Illinois as they apply to agreements made and solely performed therein.
6.7 These Terms and Conditions for the Service, including the Additional Terms, constitute the entire agreement between the parties with respect to the subject matter hereof. All prior agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter hereof are superseded and canceled in their entirety.
6.8 If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms and Conditions for the Service will in any event remain valid and enforceable.
