TERMS AND CONDITIONS
1.
COPYRIGHTS AND TRADEMARKS
1.1
Copyright © 1998-2009 by Macroknow Inc. All Rights Reserved.
1.2
The network of Macroknow Web properties, including macroknow.com,
muchmind.com,
mindchronicle.com,
mindindexes.com,
mindhat.com,
brand-indexes.com,
timeplatform.com,
worldgeist.com, and
brandnewlaw.com
(the "Macroknow
Network") is owned and operated by Macroknow
Inc. ("Macroknow") and includes online subscription services and products
(including online Books, Bulletins, and Reports) and other paid services and products (the "Macroknow
Service").
1.3
The Macroknow Network contains valuable copyrighted intellectual property of Macroknow. All
information (including, but not limited, to text, indices, logos, icons, layout, designs,
technologies, organization, graphics, plates, charts, tables, photos, images, animations,
audio and/or video, articles, online books, software, files, links) on the
Macroknow Network
is protected by Canadian and international copyright and trademark laws, and is owned or
controlled by Macroknow and/or its suppliers or licensors. Macroknow has a compilation
copyright in the Macroknow Network and all contributions to the Macroknow
Network.
1.4 No
one has permission to sell, copy or reproduce (except as provided in section 3 of this
Agreement), republish, modify, post, distribute, transmit, broadcast, perform, display,
create derivative works from, upload, decompile, reverse engineer, or disassemble any
information found on the Macroknow Network without prior written consent of Macroknow. You
may not alter or remove any copyright, trademark or other notice from copies of the
content.
1.5
Macroknow, Macroknow Intellectual
Intelligence, Macrogenome
Project, Macroknow Library�,
Macroknow Knowledge
Maps�, Macroknow BookView,
ED's Favorite Quotations�,
Macroknow Time Platform�,
and the Macroknow logos
are trademarks of Macroknow Inc. Other product, service, or company names mentioned in the
Macroknow Network may be the trademarks of their respective owners.
1.6
Any rights not expressly granted herein are reserved.
2.
RESTRICTIONS ON USE
2.1
Your access and use of the Macroknow Network is subject to the following terms and conditions
("Terms and Conditions") and all applicable laws and regulations.
2.2
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE
MACROKNOW NETWORK. BY ACCESSING AND USING THE MACROKNOW NETWORK, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS
OR USE THE MACROKNOW NETWORK. MACROKNOW MAY MODIFY THE TERMS AND CONDITIONS AT ANY TIME, AND
SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON THE POSTING OF THE MODIFIED TERMS
AND CONDITIONS ONLINE. YOU AGREE TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS
PERIODICALLY AND YOUR CONTINUED ACCESS OR USE OF THE MACROKNOW NETWORK SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.
2.3
The contents of the Macroknow Network are intended for personal non-commercial, private
and/or individual informational purposes only and should not be construed as specific
financial, investment, accounting, legal, tax, health, or lifestyle advice for any
individual. You are welcome to view the information provided on the
Macroknow Network on any
single computer for your personal non-commercial, private and/or individual use only,
provided you do not modify the information provided and you keep intact all copyright and
other proprietary notices. Use for any other purpose is expressly prohibited by law, and
may result in severe civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible.
3.
REGISTRATION, CHARGES AND PAYMENTS
3.1
The right to use any product or service offered by Macroknow is personal non-commercial.
You agree not to assign, transfer or sublicense your rights as Subscriber.
3.2
You must be 18 years or older to subscribe to the Macroknow Service. You represent and
warrant that you possess the legal right and ability to enter into this Agreement and to
access and use the Macroknow Network, including the Macroknow Service, in accordance with
this Agreement.
3.3
You agree to pay all the applicable fees and charges for Macroknow Service at the rates in
effect for the billing period in which such fees and charges are incurred, including, but
not limited to charges for any products or services offered for sale through the Macroknow
Service by Macroknow. Fees paid for any subscription are paid in advance and are not
refundable in whole or in part.
3.4 As
a registered Subscriber:
- You
agree to be responsible for all usage of your Macroknow Service account, including use of
the account by others authorized by you to use your Macroknow Service account, including
User Name and password;
- You
agree to maintain the security and confidentiality of your Macroknow Service User Name,
password and other confidential information relating to your Macroknow Service account;
- You
agree to promptly notify Macroknow of changes to your billing address; and
- You
agree to promptly notify Macroknow if you become aware of or if you suspect any
unauthorized disclosure or use of your Subscriber User Name or password.
3.5
Macroknow reserves the right to change the price of the subscription fee and billing
methods for any Macroknow Service or institute new fees or charges for access to or use of
the Macroknow Network, including online books, at any time; however, any change(s) in any
subscription fee will not apply until expiration of the term for which you have already
paid that fee.
3.6
Macroknow reserves the right in its sole discretion to change Macroknow's policies,
standards, or practices at any time.
4.
LICENSE TO MACROKNOW
4.1 By
engaging in any form of communication (including, without limitation, ideas contained
therein for new or improved products and services) through the Macroknow
Network, including
but not limited to posting messages, uploading files, or inputting data, you are granting
Macroknow a royalty-free, perpetual, unrestricted, irrevocable, non-exclusive, universe
wide (and, therefore, worldwide) license to:
- Use,
copy, sublicense, adapt, distribute, transmit, create derivative works of, publicly
perform or display any such communication by all means and in any media now known or
hereafter developed.
- Sublicense
to third parties the unrestricted right to exercise any of the foregoing rights granted
with respect to the communication.
4.2
The foregoing grant shall include the right to exploit any proprietary rights in such
communication, including but not limited to rights under copyright, trademark, service
mark or patent laws under any relevant jurisdiction. You agree that you shall have no
recourse against Macroknow for any alleged or actual infringement or misappropriation of
any proprietary right in your communications to Macroknow.
5.
DISCUSSION FORUMS
5.1
The Macroknow Network may include bulletin boards, newsgroups, or other forums
("Bulletin Boards") which allow feedback to Macroknow or interaction between
users. Macroknow does not screen, control or censor the messages, information, images,
programs, or files delivered to Bulletin Boards. Notwithstanding the foregoing, Macroknow
shall have the right, but not the obligation, to monitor the content of the
Macroknow Network, including Bulletin Boards. Macroknow reserves the right to refuse to post any
material submitted to the Macroknow Network and the right to remove or edit any material
submitted to or posted on the Macroknow Network. Macroknow is not responsible for material
submitted to the Macroknow Network or posted on Bulletin Boards by users of the
Macroknow Network.
5.2 If
you participate in any Bulletin Board, you agree to not:
- Post or
transmit any message anonymously or under a false name;
- Post or
transmit any material that infringes and/or violates any law or regulation;
- Post or
transmit any material that infringes and/or violates any right of others, including but
not limited to unauthorized copyrighted text, images or software programs, trade secrets
or other confidential proprietary information, and trademarks, service marks or other
proprietary rights used in an infringing manner;
- Interfere
with or restrict any other user's use of the Macroknow Network;
- Post or
transmit any unlawful, fraudulent, harmful, threatening, defamatory, libelous, malicious,
hateful, or abusive information of any kind;
- Post or
transmit any information that advocates, encourages, or constitutes illegal activity of
any kind;
- Post or
transmit any obscene, vulgar, profane, pornographic or indecent information of any kind;
- Post or
transmit any material which contains a virus, worm, Trojan horse, or other harmful
component;
- Exploit
the Macroknow Network for your commercial purposes;
- Post or
transmit any advertising, promotional materials or any other solicitation of other users
of the Macroknow Network for goods or services except in those areas that are designated for
such purpose.
6.
DISCLAIMER OF WARRANTY
6.1
YOU (AND NOT MACROKNOW) ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
Macroknow Network. ALL INFORMATION ON THE Macroknow Network IS PROVIDED TO YOU ON AN "AS IS, AS
AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. MACROKNOW, SUPPLIERS, AND LICENSORS DO NOT
WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE MACROKNOW NETWORK IS ACCURATE,
COMPLETE, USABLE, USEFUL, CORRECTLY SEQUENCED OR ORDERED OR STRUCTURED, RELIABLE OR
TIMELY, AUTHENTIC, OR THAT THE MACROKNOW NETWORK WILL BE UNINTERRUPTED OR FREE OF ERRORS
AND/OR VIRUSES, WORMS, TROJAN HORSES, AND OTHER HARMFUL COMPONENTS, OR THAT DEFECTS IN THE
MACROKNOW NETWORK WILL BE CORRECTED. YOU ARE SOLELY RESPONSIBLE: (1) FOR THE SELECTION,
INTERPRETATION, EVALUATION, AND/OR USE OF THE INFORMATION (INCLUDING, BUT NOT LIMITED TO
OPINIONS, SPECULATIONS, AND ADVICE IF ANY) PROVIDED IN THE MACROKNOW NETWORK; AND (2) FOR
PROTECTING AND SECURING YOUR DATA. YOU (AND NOT MACROKNOW) ASSUME THE ENTIRE
RESPONSIBILITY AND COST OF ALL NECESSARY ADVICE, PRECAUTIONS, BACKUP, MAINTENANCE, REPAIR
OR CORRECTION.
6.2
INFORMATION ON THE MACROKNOW NETWORK MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. INFORMATION MAY BE CHANGED OR UPDATED WITHOUT NOTICE. MACROKNOW AND/OR ITS
RESPECTIVE SUPPLIERS OR LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS,
SERVICES, AND/OR PROGRAMS DESCRIBED IN THIS INFORMATION AT ANY TIME WITHOUT NOTICE. YOU
HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT OF THE
MACROKNOW NETWORK.
7.
LIMITATION OF LIABILITY
7.1 IN
NO EVENT, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL
MACROKNOW AND/OR ITS SUPPLIERS AND/OR ITS LICENSORS BE LIABLE TO ANY PARTY: (1) FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF ASSETS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION) WHATSOEVER RESULTING FROM ANY USE OF OR INABILITY TO USE
THE MACROKNOW NETWORK, OR ANY INFORMATION OR TRANSACTIONS PROVIDED ON THE
MACROKNOW NETWORK OR
DOWNLOADED FROM THE MACROKNOW NETWORK, EVEN IF MACROKNOW AND/OR SUPPLIERS AND/OR LICENSORS
HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) FOR ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, DELETIONS, DELAYS, INACCURACIES, FAILURE OF
PERFORMANCE, OR OTHER DEFECTS IN THE MACROKNOW NETWORK AND/OR INFORMATION CONTAINED OR
DOWNLOADED THROUGH THE MACROKNOW NETWORK; (3) FOR INVESTMENT OR OTHER DECISIONS BASED UPON
INFORMATION PROVIDED IN THE MACROKNOW NETWORK; OR (4) FOR ANY DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF ANY USER.
7.2 IN
NO EVENT SHALL MACROKNOW'S, SUPPLIER'S AND LICENSOR'S AGGREGATE LIABILITY TO YOU FOR ANY
LOSS, DAMAGE, INJURY OR CLAIM RELATED TO OR ARISING OUT OF THE MACROKNOW
NETWORK EXCEED THE
TOTAL AMOUNT PAID BY YOU TO MACROKNOW FOR ACCESSING THE MACROKNOW NETWORK, IF ANY. YOU HEREBY
ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT OF THE
MACROKNOW NETWORK.
8.
LINKS TO THIRD PARTY SITES
8.1
MACROKNOW MAY PROVIDE LINKS TO INTERNET SITES MAINTAINED BY OTHERS. THE LINKS ARE PROVIDED
FOR CONVENIENCE ONLY. MACROKNOW IS NOT RESPONSIBLE FOR THE CONTENTS OF, OR FOR ANY
PRODUCTS OR SERVICES OFFERED IN ANY NON-MACROKNOW WEB SITE OR ANY WEB SITE LINKED FROM OR
TO THE MACROKNOW NETWORK. IN ADDITION, ANY LINK TO A NON-MACROKNOW WEB SITE DOES NOT IMPLY OR
REPRESENT THAT MACROKNOW ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT, OR THE
USE OF SUCH WEB SITE, OR FOR ANY THIRD PARTY PRODUCTS OR SERVICES. ACCESS TO ANY OTHER WEB
SITES LINKED FROM OR TO THE MACROKNOW NETWORK IS AT THE USER'S OWN RISK.
9.
INDEMNIFICATION
9.1
You agree to defend, indemnify, and hold harmless Macroknow, its owners, directors,
officers, employees, agents, suppliers, licensors, and any third party information
providers to the Macroknow Network from and against all claims, losses, expenses, damages,
injuries, and costs, including attorney's fees, resulting from the use or alleged use of
the Macroknow Network by you or any other person accessing the Macroknow
Network using any of
your accounts, whether authorized or not authorized by you.
10.
PRIVACY
10.1
Macroknow respects the privacy of its customers and will not disclose, distribute, or rent
its Subscriber list to any third party.
10.2
Macroknow reserves the right to disclose aggregate information about Subscriber usage and
demographics in forms that do not personally identify any Subscriber.
11.
TERMINATION
11.1
Except as provided in section 11.2, either Macroknow or you may terminate this Agreement
without notice at any time for any reason. The provisions of Sections 1 (Copyrights and
Trademarks), 4 (License to Macroknow), 6 (Disclaimer of Warranty), 7 (Limitation of
Liability), 9 (Indemnification),
12 (Privacy Policy),
and 13 (Miscellaneous) shall survive any termination of
this Agreement as well as any other provisions which by their term or sense are intended
to survive.
11.2
Your only right with any dissatisfaction with (1) any terms and conditions of this
Agreement, (2) any policy, standard, or practice of Macroknow, (3) any content of the
Macroknow Service, including online books, or change therein, (4) any amount or type of
fees or charges, or change therein, or (5) any billing method, or change therein, is to
terminate this Agreement by sending Email notice to Macroknow addressed to
web@macroknow.com, or by conventional mail. In
the event your account is terminated or cancelled, no refund of any fees or charges,
including annual subscription fee, will be granted.
12.
PRIVACY
POLICY
12.1 Your browser sends information whenever you visit a
website. When you access
the Macroknow Network,
the servers we use automatically record this
information. These server logs may include information such as your web
request, the date and time of your request,
Internet Protocol address, browser type,
and
browser language.
12.2
When you send email or
other communications to Macroknow, we may retain
these communications in order to process your inquiries, respond to
your requests, and improve our services.
12.3 Macroknow may make available third party
applications through its services. Information collected by
these third parties
is governed by their privacy
policies.
12.4
Macroknow uses third-party advertising companies to serve ads when you visit
Macroknow websites. These companies may use
information (not including your name, address, email address or telephone
number) about your visits to Macroknow and other
websites in order to provide advertisements about goods and services of
interest to you. If you would like more information about this practice and
would like to know your options in relation to not having
this information used by these companies,
click here.
13.
MISCELLANEOUS
13.1
This Agreement shall be governed by, construed, and enforced in accordance with the laws
of the Province of Ontario, Canada. Macroknow's waiver of any breach or default hereunder
shall not be construed as a waiver of any provision or right. If any provision of this
Agreement shall be unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from this Agreement and shall not affect the validity and
enforceability of any remaining provisions.
13.2
The section headings used herein are for convenience only.
13.3
Notices given by Macroknow to you will be given by Email, or by posting on the
Macroknow Network, or by conventional mail. Notices to Macroknow by conventional mail must be sent to
Macroknow Inc., Attention: Dr. Edward E. Ayoub, 40 High Park Ave., Suite
805, Toronto,
ON M6P 2S1, Canada.
13.4
Macroknow may assign, transfer, or sublicense its rights and/or duties under this
Agreement to any party at any time without notice to you.
13.5
This Agreement constitutes the entire agreement between Macroknow and you with respect to
the subject matter hereof and supersedes all previous written or oral agreements between
Macroknow and you with respect to such subject matter.
Macroknow
Agreement 1999-12-30. Updated
2016-12-30.
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