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DemandPlanning.Net provides users with access to a rich collection of resources, including Discussion forums, professional information, and online education which may be accessed through any medium or device now known or hereafter developed (the "Service").
You understand and agree that the Service may include advertisements and certain communications from DemandPlanning.Net, and that these communications/advertisements are considered part of the Service. Unless explicitly stated otherwise, any new features which augment or enhance the current Service, including the release of new DemandPlanning.Net properties, shall be subject to the TOS unless otherwise stated.
You understand and agree that you are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by DemandPlanning.Net or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
All information provided by DemandPlanning.Net, in any form, ("Information"), is proprietary information that belongs to DemandPlanning.Net and is protected by U.S. and international copyright law and conventions. Except as set forth herein, direct or indirect reproduction of the Information, in whole or in part, by any means is prohibited without the express written consent of DemandPlanning.Net.
You understand and agree that all Information, except otherwise noted in this TOS, is © 2008 DemandPlanning.Net. All rights reserved. All names and marks are property of their respective owners. Commercial reproduction without the express permission of DemandPlanning.Net is strictly prohibited.
Members of the press may cite a copy of each graph, slide, or a portion of text less than a paragraph long contained in the Information, provided that all portions of text are identified as "Source: DemandPlanning.Net " and the DemandPlanning.Net copyright notice is affixed to all graphics. Corporate representatives with an interest in procuring DemandPlanning.Net's services may print out portions of this site for limited use. Consultant candidates with an interest in DemandPlanning.Net's career offerings may print out portions of this site. DemandPlanning.Net does not authorize competitor firms to use DemandPlanning.Net content in any activities whatsoever.
The Service is provided for informational purposes only. DemandPlanning.Net and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of the Information transmitted or made available via the Service, and shall not be responsible or liable for any decisions based on such Information.
DemandPlanning.Net reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DemandPlanning.Net shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or DemandPlanning.Net has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DemandPlanning.Net has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not DemandPlanning.Net, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the applicable portions of the Service. DemandPlanning.Net does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will DemandPlanning.Net be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
You acknowledge that DemandPlanning.Net may or may not pre-screen Content, but that DemandPlanning.Net and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, DemandPlanning.Net and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content submitted to DemandPlanning.Net, including without limitation information in DemandPlanning.Net Forums and in other parts of the Service.
You acknowledge, consent and agree that DemandPlanning.Net may access, preserve and disclose your submitted information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of DemandPlanning.Net, its users and the public.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by DemandPlanning.Net and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
DemandPlanning.Net does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant DemandPlanning.Net a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for advertising, promotional, informational and other purposes related to the Service.
"Publicly accessible" areas of the Service are those areas of the DemandPlanning.Net network of properties that are intended by DemandPlanning.Net to be available to the general public.
By submitting ideas, suggestions, documents, questions and/or proposals ("Contributions") to DemandPlanning.Net through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) DemandPlanning.Net is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) DemandPlanning.Net shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) DemandPlanning.Net may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of DemandPlanning.Net without any obligation of DemandPlanning.Net to you; and (f) you are not entitled to any compensation or reimbursement of any kind from DemandPlanning.Net under any circumstances.
You agree to indemnify and hold DemandPlanning.Net and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including user information), use of the Service, or access to the Service.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that DemandPlanning.Net shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DemandPlanning.Net has no control over such sites and resources, you acknowledge and agree that DemandPlanning.Net is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that DemandPlanning.Net shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DemandPlanning.Net AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DemandPlanning.Net AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DemandPlanning.Net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SECTIONS MAY
NOT APPLY TO YOU.
THE TOS, EXCEPT FOR THOSE PROVISIONS BARRED BY SUCH JURISDICTION OR COURT OF LAW, SHALL CONTINUE TO BE IN FULL EFFECT.
You agree that each member of the group of companies of which Demand Planning LLC is the parent shall be third party beneficiaries to the TOS and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the TOS which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the TOS.
DemandPlanning.Net may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, postings on the Service, or other reasonable means now known or hereinafter developed.
The TOS constitutes the entire agreement between you and DemandPlanning.Net and governs your use of the Service, superseding any prior agreements between you and DemandPlanning.Net with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other DemandPlanning.Net services, affiliate services, third-party content or third-party software.
The failure of DemandPlanning.Net to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
To report any violations of the TOS, Please click here.
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