Please scroll down and review the two end user agreements.
THIS WEBSITE CONSTITUTES CONFIDENTIAL INFORMATION OF LINCOLNSHIRE INTERNATIONAL AND/OR ITS MEMBER, AND SHOULD NOT BE SHARED WITH ANY OTHER PARTY WITHOUT LINCOLNSHIRE'S PRIOR WRITTEN CONSENT.
Use of the terms "we," "us" and "our" means Lincolnshire and its Members. We may amend the Terms at any time by posting revised Terms on the Site, and/or sending information regarding the amendment to the email address you provide to us. You are responsible for regularly reviewing the Site to obtain timely notice of such amendments. You shall be deemed to have accepted such amendments by continuing your use of the Site after such amendments have been posted or information about such amendments has been sent to you.
If you are a Participant, you may access and use the Site solely for your personal purposes. Otherwise, you may access and use the Site solely on behalf of the Client or Consultant by which you are employed for the provision of career management services to Participants under the auspices of Lincolnshire or your Member. You may not use this Site or any technology or information contained or provided herein for commercial purposes, distribute such to third parties, or use them to create directories or mailing or marketing lists (except as may be permitted by Hoover's, Inc. under its End User Agreement for information it furnishes) or for any other purpose, without Lincolnshire's prior written consent. We reserve the right to terminate or to suspend your access to the Site at any time. Reasons include but are not limited to your breach of the Terms, any credit or payment issues, if we are unable to verify any information you provide to us, and if we believe that your actions are illegal, fraudulent, harassing, abusive, or may cause legal liability or other harm for us, our licensors, other users of the Site, or any other party.
By using this Web Site you agree to provide valid, accurate information about yourself and to update that information should it change. In order to insure that accurate information exists on the Site we may periodically send you an e-mail asking you to verify your personal information. Should your mail server return our e-mail or should you refuse to verify your information in a timely manner we have the right to terminate your access to the Site and remove any and all data you provided with no further obligation to you.
You acknowledge that you are responsible for whatever material you submit, and you (and not Lincolnshire, its Members, or its licensors) have full responsibility for the submission, including its legality, reliability, appropriateness, and originality. You represent and warrant that all such submissions do not infringe upon any copyright, trademark, patent or other intellectual property, privacy, or other rights of any party.
There may be times when you may be able gain access to other web sites and/or Internet related content that is not owned, maintained, or controlled by us (and which may or may not be part of the Site). Such additional information and/or content may be available via hyperlink from the Site or it may be contained within and integrated with content provided by us. We assume no responsibility for any material outside the Site that may be accessed in this manner.
All information, content, instructions and services provided by Lincolnshire, its Members and licensors, and their respective owners, officers, investors, employees, agents, and authorized representatives on the Site are owned by or licensed to Lincolnshire, its Members, and/or its licensors (the "Content"). Lincolnshire, its Members, and its licensors retain all proprietary rights to the Content.
We use reasonable care in compiling and presenting the information found on this Site. However, the accuracy of information supplied by you and other users is not within our control, and we do not certify that it has verified any information, file or other information entered into the Site database or available on this Site. We have no obligation to screen or edit information that is posted or shared by you or other users of the Site and we reserve the right (without notice) to remove any information found on the Site that we find to be objectionable.
THIS SITE, AND ALL INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND MAKE NO REPRESENTATION OR WARRANTY THAT USE OF THE SITE ITSELF WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ENTIRELY ERROR-FREE OR VIRUS-FREE NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE THAT THIS SITE AND THE SERVICES ARE COMPUTER NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL LINCOLNSHIRE, ITS MEMBERS, THEIR LICENSORS, AND EACH OF THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES HAVE TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE TERMS, THE SITE OR ANY SERVICES PROVIDED THERETO (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION, INFRINGEMENT OR OTHER CONTRACT OR TORT CLAIMS) IN EXCESS OF THE AMOUNT OF DAMAGES ACTUALLY INCURRED BY YOU UP TO THE AMOUNT OF THE TOTAL FEES PAID BY YOU FOR USE OF THE SITE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL LINCOLNSHIRE, ITS MEMBERS, THEIR LICENSORS, AND EACH OF THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER ENTITY OR THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR COVER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, SERVICE INTERRUPTION, DEVICE OR COMPUTER FAILURE, LOST SAVINGS AND STATUTORY DAMAGES) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT AND RECOURSE WITH ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE. The foregoing limitations allocate the risks between us and you and shall apply notwithstanding any failure of essential purpose of any limited remedy.
By using this Site, you agree to indemnify, hold harmless and defend us from any claims, damages, losses, liabilities and all costs and expenses of defense, including but not limited to attorneys' fees, resulting directly or indirectly from your use of the Site. Furthermore, you agree to indemnify, hold harmless and defend us from any damages, losses, costs and expenses (including reasonable attorneys' fees) we suffer which arise from or relate to your breach of the Terms.
We may discontinue this service at any time and for any reason, including but not limited to a period of account inactivity or your use of the Site in violation of these Terms. In such an event, your account may be disabled and you may not be granted access to the Site or to any files or other information contained in your account. All fees charged to users of a Site for services provided are subject to change at any time without notice. Any such fee change, however, will not be made retroactively but only for future services provided by or through a Site. Fees (if any) paid for the use of the Site are fully earned and non-refundable when you submit the payment information needed for a specific Site service.
The Site and the content, organization, graphics, design, compilation, and other materials related to the Site are protected under applicable copyright, trademark and other proprietary (including but not limited to intellectual property) rights, and constitute the confidential information of Lincolnshire and/or its Members. The copying, redistribution, framing, use, publication or disclosure by you of any such materials or any part of the Site is strictly prohibited. In addition, the Site includes works and technology that are licensed to us by Webauthor.com, LLC and others and that are the property of our licensors and/or Webauthor.com, LLC and that are also protected by copyright and other intellectual property laws. You do not acquire ownership rights to any content or other materials viewed through the Site.
All trademarks, service marks, logos, trade names, and any other proprietary designations of Lincolnshire or its Members used herein are trademarks or registered trademarks of Lincolnshire and/or its respective Members. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.
U.S. Government Restricted Rights: If you are an agency or instrumentality of the United States Government, any software and documentation included in or used for the Site are "commercial computer software" and "commercial computer software documentation", and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction and disclosure of such software and documentation are governed by these Terms.
We may disclose your personal information to third party providers who work on our behalf to provide functions of the Site and products and services requested by you and to banks, processors, card associations, and other financial institutions and payment processors that are involved in the processing or screening of transactions applicable to you. We only share information with these providers whose privacy policies are consistent with ours and who use industry-standard data collection and encryption methodologies to help insure the secure collection and transmission of your personal information.
Access to this Site is monitored. The requesting URLs, the machine originating the request, the browser type, location, and the time of the request may be logged for access statistics and security purposes. Use of this Site constitutes consent to such monitoring. We may also use "cookies" (snippets of data stored on your computer or other device) to make your use of the Site easier. For example, we may use them to store your e-mail address or account ID to make it easier for you to log in again. You can remove or block cookies using the settings in your browser.
We use the information we collect to provide the Site to you, to measure and improve the Site, to enhance our services, and to provide you with user support. This may include using aggregated information to measure statistics and trends in the field of career management (for example, for salary trends or placement statistics). While we do not sell the personal information you provide to us to third parties, we may share aggregated information with third parties, but only in a way that no individual user is identified or linked to any specific information.
Furthermore, you understand and agree that your personal information may be collected, used, processed, transmitted, and stored in the United States and any country in which we, our affiliated companies, and service providers retained by us maintain facilities (which may include countries outside of the European Economic Area).
Finally, we reserve the right to report any activity (including the disclosure of appropriate personal information) that we suspect may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. We also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
Date last updated: July 7, 2011.
1. You acknowledge that all information (the "Information") furnished to you by Hoover's, Inc. is licensed for the exclusive use of End-Users. Regardless of the form or format in which the Information is furnished, none of the Information may be made available in whole or in part to any third party. You agree that the Information will not be reproduced, revealed or made available to anyone else, it being understood that the Information is licensed for your internal use only, except that you may make one copy solely for backup purposes. You agree that you will use the Information solely as one factor in your credit, insurance, marketing or other business decisions and you are expressly prohibited from using the Information as a factor in establishing an individual's eligibility for (i) credit or insurance to be used primarily for personal, family or household purposes, or (ii) employment. You agree not to use the Information to engage in unfair or deceptive practices.
2. Information furnished hereunder may be used throughout the term of this agreement. Upon expiration or termination the license period, you shall immediately destroy all originals and copies of any HOOVER'S Information, unless you are otherwise instructed by HOOVER'S or COMPANY; and upon request, provide HOOVER'S or COMPANY with certification thereof. You represent and warrant that your use of any Information shall in all cases comply with all applicable federal, state and local laws and regulations
3. You agree to indemnify, defend and hold harmless HOOVER'S from any claim or cause of action against HOOVER'S arising out of or relating to use of the Information by (i) individuals or entities which have not been authorized by this Agreement to have access to and/or use the Information and (ii) you, which use may be in violation of your license.
4. YOU ACKNOWLEDGE THAT HOOVER'S AND ITS THIRD PARTY INFORMATION PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR OF THE MEDIA ON WHICH THE INFORMATION IS PROVIDED. YOU ALSO ACKNOWLEDGE THAT EVERY BUSINESS DECISION INVOLVES THE ASSUMPTION OF A RISK AND THAT HOOVER'S, IN FURNISHING THE INFORMATION TO YOU, DOES NOT AND WILL NOT UNDERWRITE THAT RISK, IN ANY MANNER WHATSOEVER. YOU THEREFORE AGREE THAT HOOVER'S AND ITS THIRD PARTY INFORMATION PROVIDERS WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY HOOVER'S NEGLIGENT ACTS OR OMISSIONS IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE INFORMATION.
5. YOU AGREE THAT HOOVER'S AND ITS THIRD PARTY INFORMATION PROVIDERS WILL NEVER BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT HOOVER'S AND ITS THIRD PARTY INFORMATION PROVIDERS' AGGREGATE LIABILITY, IF ANY, FOR ANY AND ALL LOSSES, DAMAGES OR INJURIES WHICH YOU SUFFER OR INCUR ARISING OUT OF ANY ACTS OR OMISSIONS OF HOOVER'S IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED HEREUNDER, REGARDLESS OF THE CAUSE OF THE LOSS, DAMAGE OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED $10,000.00 AND YOU COVENANT AND PROMISE THAT YOU WILL NOT SUE HOOVER'S FOR A GREATER AMOUNT. YOU ALSO AGREE TO GIVE HOOVER'S IMMEDIATE WRITTEN NOTICE OF ALL ACTIONS, CLAIMS, LOSSES OR DAMAGES ARISING OUT OF THE USE OF THE INFORMATION.
6. You acknowledge and agree that the copyright to the Information is and shall remain with HOOVER'S. You acknowledge that the Information, regardless of form or format, is proprietary to HOOVER'S and comprises: (a) works of original authorship, including compiled information containing HOOVER'S selection, arrangement and coordination and expression of such information or pre-existing material it has created, gathered or assembled; (b) confidential and trade secret information; and (c) information that has been created, developed and maintained by HOOVER'S at great expense of time and money, such that misappropriation or unauthorized use by others for commercial gain would unfairly and irreparably harm HOOVER'S. You agree that you will not commit or permit any act or omission by your agents, employees or any third party that would impair HOOVER'S copyright or other proprietary and intellectual property rights in the Information. You agree to notify HOOVER'S immediately upon obtaining any information regarding a threatened or actual infringement of HOOVER'S rights. You also agree that you will not use any HOOVER'S trade name, trademark, service mark, logo or copyrighted materials in listings or advertising in any manner without the prior written approval of HOOVER'S. You shall reproduce HOOVER'S copyright notice and proprietary rights legend on all authorized copies of such Information.
7. These Terms of Agreement are in addition to those found in any COMPANY service agreement and HOOVER'S is a third party beneficiary hereof. You agree that HOOVER'S may, in its own name or in COMPANY's name, enforce this Agreement against you; provided, however, that you agree that you will look only to COMPANY and not to HOOVER'S for performance by COMPANY of its obligations hereunder. If there is a conflict between these Terms of Agreement and those found in any such service agreement, then these Terms of Agreement will apply. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without giving effect to its conflicts of laws provisions. Any disputes arising hereunder will be brought in state or federal court located in Austin, Texas.