By accessing ERE’s “ere.net” website the (“Web Site”), you agree to abide by the Terms of Service set forth below.
The Web Site is provided by ERE, Inc. (“ERE”) under these Terms of Service. Although portions of the Web Site may be viewed simply by visiting the site, in order to access the forums and/or receive additional services from ERE you need to register as a member of the Web Site. By visiting the Web Site and/or by registering as a member of the Web Site, you are indicating your agreement to be bound by these Terms of Service, as modified from time to time. These Terms of Service govern your use of the Web Site and all services provided in connection with the Web Site. If you do not agree to these Terms of Service, please do not register for or enter the Web Site.
2. Modifications of these Terms of Service.
ERE may modify these Terms of Service from time to time in its sole discretion. Each time you log on to the Web Site, you will be deemed to have accepted any such changes. If you do not agree to these changes, please arrange to terminate your registration with the Web Site immediately by notifying ERE of your unwillingness to accept the changes and by discontinuing your use of the Web Site. Your continued use of the Web Site will signify your acceptance of any change in the terms and conditions set forth herein.
ERE reserves the right to immediately and without notice suspend or terminate your registration with or ability to access the Web Site or any other service provided to you by ERE upon any breach by you of the Terms of Service, including the furnishing of false or misleading information. ERE may modify or discontinue the Web Site with or without notice to you and without liability to you or any third party.
5. Content of Messages.
ERE does not prescreen the content of messages posted on ERE forums. You alone are responsible for the content of your messages, and the consequences of any such messages. ERE reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
You agree not to use the Web Site to send or post in the forums or any place on the Web Site any message or material that (a) is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material, or (b) encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation or these Terms of Service. ERE reserves the right to delete any such material from the Web Site.
You agree not to post or use the Web Site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any forum with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (a) ERE permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”), (b) these Rights are valid and protected in all media and technologies existing now or later developed, and (c) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the Web Site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on the Web Site is not protected by Rights rests with you. You acknowledge that ERE may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any public area of the Web Site, including message boards and forums, you grant ERE and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce for personal use (but not to republish) such content. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all Rights that may exist in such content.
6. Restrictions on Use.
The Web Site is owned and operated by ERE in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Web Site in any way, without our prior written permission, except you may download one copy of such material on any single computer for your personal, non-commercial use only, provided you keep intact, without change, all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site. “ERE”, “ere.net” and the “ERE” logo are trademarks and/or service marks of ERE. All other trademarks, service marks, and logos used on the Web Site are the trademarks, service marks, or logos of their respective own-ers.
7. Third Party Services.
You may order services or merchandise through the Web Site from other persons not affiliated with ERE (“Seller”). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. ERE makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider ERE nor will ERE be construed as a party to such transactions, whether or not ERE may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
ERE may include special routing icons which may be located within the Web Site, the activation of which will allow you to access and learn more about ERE and other services provided by ERE or its affiliates. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
8. Registration and Password.
You are responsible for maintaining the confidentiality of your user information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify ERE of any unauthorized use of your registration or password.
9. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ERE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
ERE MAKES NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ERE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE. ERE WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT ERE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE WEB SITE. ERE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER ERE NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE WEB SITE, ARE ENGAGED IN RENDERING LEGAL OR OTHER PROFESSIONAL SERVICES OR ADVICE. ERE ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
ERE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE WEB SITE. YOUR PARTICIPATION IN THE WEB SITE IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ERE OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
ERE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEB SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE.
ERE IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE WEB SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against ERE with respect to such sites.
You agree to indemnify and hold ERE, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, 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 to or transmit through the Web Site, your use of the Web Site, your violation of the Terms of Service, or your violation of any rights of another party.
11. Limitation of Liability.
ERE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEB SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE AND/OR CONTENT CONTAINED WITHIN THE WEB SITE IS TO STOP USING THE WEB SITE. ERE’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ERE TO ACCESS THE WEB SITE.
12. Exclusions and Limitations.
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 OF SECTIONS 9 AND 11 MAY NOT APPLY TO YOU.
13. General Information.
These Terms of Service constitute the entire agreement between you and ERE and govern your use of the Web Site, superceding any prior agreements between you and ERE. The Terms of Service and the relationship between you and ERE shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and ERE agree to submit to the personal and exclusive jurisdiction of the courts located within New York County, New York. The failure of ERE to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Terms of Service 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 Web Site or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. Refund Policy.
ERE Media strives to provide the best possible products and services for our customers. If for any reason you are unsatisfied with your purchase, just call (212) 671-1181 or email firstname.lastname@example.org and we will refund your purchase in accordance with our product-specific refund policies:
- For research reports and books: If you are unhappy with a research product you purchased, you obtain a full refund up to 30 days after the purchase date. We will ask you to mail back any hard copy reports or destroy any electronic copies.
- For Digital Event Cancellations: Digital Event Cancellations are nonrefundable, however a registration may be transferred to another person any time prior to the start of an event without penalty, pending approval from ERE Media. Digital Event registrations may not be transferred to a future event. Please email all cancellation notices to email@example.com with the name of attendee, company name, reason for cancellation, and phone number/email address. Terms and conditions of the cancellation policy are subject to change by ERE Media, Inc.
- For job postings: You may cancel your job posting within three business days of listing it. We regret that we cannot refund job postings after this time.
- For premium directory listings: You may cancel a premium directory listing within 7 days of purchase for a full refund. Unfortunately, we are unable to refund premium directory listings if they are not cancelled prior to publication of the print version of the recruiting directory.
- For subscriptions: You may cancel your subscription to ERE Media publications at any time. We will refund you a prorated amount for the remainder of your subscription term (including a refund for the last issue you received).
- For advertisers, event sponsors, and exhibitors: Any refunds or make-goods are governed by the specifics of your signed contract.
For products and services not covered under this policy, we will attempt to provide our customers with a full refund within 30 days of purchase date where possible.