The following rules (“Terms and Conditions”) govern the use of the website located at http://data-informed.com (the “Site”) and owned and operated by Wellesley Information Services, LLC, a Maryland limited liability company (“WIS”, “we” or “us”). Please read the following Terms and Conditions carefully.
Copyrights and Trademarks of WIS
The Site is owned and operated by us. Unless otherwise noted, all materials, including, but not limited to, text, manuscripts, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the Site (collectively, the “Content”) is protected by U.S. and international copyright laws and owned, controlled or licensed by WIS, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Site. We post legal notices and various credits on pages of our Site. If you duplicate, publish or otherwise distribute material on our Site, you may not remove these notices or credits or any additional information accompanying such notices and credits. You are granted a limited license to retrieve or print a copy of Content on the Site for personal, non-commercial use only, as set forth herein.
Modification of the Content or use of the Content for any other purpose is a violation of WIS’s copyright and other proprietary rights. For purposes of these terms, the use of any Content on any other web site or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary to WIS. WIS does not grant any license or other authorization to you for the use of the trade names, trademarks, or service marks of WIS.
Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions could be subject to criminal or civil penalties.
Digital Millennium Copyright Act Policy
If you are notifying WIS of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512:
1. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
2. A description of the allegedly infringing material and information sufficient to permit us to locate the material;
3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
4. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
5. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
Designated Agent for Notification of Claimed Copyright Infringement
NAME: Stephen W. McVearry, Esq.
United Communications Group
9737 Washingtonian Blvd, Suite 100
Gaithersburg, MD 20878
THE CONTENT IN THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WIS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WIS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WIS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WIS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE SITE, EVEN IF WIS OR A WIS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WIS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
This Site is controlled by WIS from its offices within the Commonwealth of Massachusetts, United States of America. WIS makes no representation that the Content is appropriate for use in other locations. Any claim relating to the Content will be governed by the laws of the Commonwealth of Massachusetts, notwithstanding any conflicts of law principles, and the United States of America. You and WIS agree that and hereby submit to the exclusive personal jurisdiction and venue of the State and Federal Courts located in Norfolk County, Massachusetts with respect to any such claim. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Site and these Terms and Conditions must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. Any part of these Terms and Conditions that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions. All waivers must be in writing. Any waiver or failure to enforce these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You may not assign your rights or obligations granted under these Terms and Conditions without the prior written consent of WIS. Any attempted assignment or transfer without such prior written consent from WIS shall be null and void. The headings of sections of these Terms and Conditions are for convenience only and are not to be used in interpreting these Terms and Conditions. In the event WIS is required to initiate legal proceedings to enforce any provision of these Terms and Conditions or you initiate any legal proceedings relating to these Terms and Conditions, the prevailing party shall be entitled to recover all reasonable attorneys’ fees from the other party. These Terms and Conditions constitute the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. These Terms and Conditions may only be modified by WIS in writing.
All requests for further information or for permission to reproduce any portions of the Materials should be directed to: General Counsel, United Communications Group, 9737 Washingtonian Blvd, Suite 100, Gaithersburg, MD 20878, PHONE: 301-287-2266; FAX: 301-287-2761.