Welcome to the B2B Pulse. Please read these terms and conditions of use ("Terms") carefully. By accessing the B2B PULSE, you indicate your acceptance of the Terms and agree to be bound by them. If you do not agree to these Terms, do not access or use the B2B PULSE. We may amend these Terms from time to time without notice to you. Please check the Terms regularly to take notice of any changes. Your continued use of the B2B PULSE after any changes to these terms shall be deemed to be your acceptance of the changes.
The B2B PULSE is owned and operated by The Institute for the Study of Business Markets, The Pennsylvania State University (“ISBM”). References in these Terms to 'we' and 'us' are to ISBM and its affiliates and subsidiaries.
To register as a user of the B2B PULSE, you need to provide your name, email address and company name. You agree to provide accurate and complete information. By registering, you warrant that you are authorized to sign for and bind your agency or company. After you have been provided with a username and password, all users of your username and password shall be bound by these Terms. You agree immediately to notify us of any unauthorized use of your account details or any other breach of security of which you become aware.
The contents of the B2B PULSE (including, without limitation, all trademarks, service marks, databases, logos, corporate identifiers, designs, templates, graphics, text, webpages, computer code, the look and feel of the B2B PULSE, and the names, images and other materials contained in the B2B PULSE) (collectively, 'the ISBM Brand Materials'), are owned exclusively by ISBM , its affiliates or our licensors and are protected by copyright, trademarks, database rights and other intellectual property rights.
Subject to the Terms, ISBM hereby grants to you a limited, non-exclusive, personal, non-transferable license (without the right to sublicense) to use the ISBM Brand Materials solely as expressly authorized by ISBM (including under any separate agreement between you and ISBM ) on ISBM 's behalf. Except for this limited license, ISBM reserves all rights, title and interest (including exclusive ownership) in and to the ISBM Brand Materials and all intellectual property rights therein. You shall use the ISBM Brand Materials solely in the Microsoft Word or design formats available via the B2B PULSE and all use thereof shall inure exclusively to the benefit of ISBM and/or its affiliates. You recognize the value of the goodwill associated with the ISBM Brand Materials. You shall not at any time do or cause to be done, or fail to do or cause to be done, any act or thing, directly or indirectly, contesting or in any way impairing ISBM 's exclusive right, title, or interest in the ISBM Brand Materials. When using the ISBM Brand Materials, you shall use reasonable care to uphold ISBM 's good name, preserve its goodwill, and avoid damaging the ISBM Brand Materials. You shall not use or authorize the use of the ISBM Brand Materials as part of a composite mark or in connection with any co-branding with any trademark, service mark, or certification mark owned by any third party without ISBM 's prior written consent in each case. Nothing herein shall be construed as granting you any rights to use any other trademarks of ISBM or its affiliates, including any certification marks.
ISBM may immediately terminate this license at any time upon written notice to you. The license shall also automatically terminate upon your breach of these Terms or any other agreement between you and ISBM. Upon termination of the license above for any reason, your rights to use the ISBM Brand Materials shall automatically terminate and revert back to ISBM.
The B2B PULSE may contain message boards and other areas where you may post or upload messages or other user-generated content such as video, photos, blogs, comments, or other materials (collectively, "User Content"). You are solely responsible for all User Content you upload or post to the B2B PULSE. ISBM does not does not control the User Content and, as such, does not guarantee the accuracy, integrity or quality of such User Content. In no event shall ISBM assume or have any responsibility or liability for any User Content or for any claims, damages or losses resulting from their use and/or appearance on this B2B PULSE. You hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information it contains and that such User Content shall not infringe, violate or misappropriate any intellectual property or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You acknowledge that ISBM may or may not pre-screen User Content, but that ISBM and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available on the B2B PULSE. Without limiting the foregoing, ISBM and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable.
ISBM does not claim ownership of any User Content you post, submit or upload to the B2B PULSE. By submitting, posting or uploading User Content to the B2B PULSE, you automatically and hereby grant to ISBM, its affiliates and subsidiaries a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, publish, perform, display, exhibit, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense and otherwise exploit such User Content (in whole or in part) in any form, media or technology now known or hereafter developed. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.
By submitting ideas, suggestions, documents, and/or proposals ("Suggestions") to ISBM through its suggestion or feedback pages, you acknowledge and agree that: (a) your Suggestions do not contain confidential or proprietary information; (b) ISBM is not under any obligation of confidentiality, express or implied, with respect to the Suggestions (c) ISBM may use or disclose (or choose not to use or disclose) your Suggestions for any purpose, in any way, in any media worldwide; (d) ISBM may have something similar to the Suggestions already under consideration or in development; (e) your Suggestions automatically become the property of ISBM without any obligation of ISBM to you and you hereby assign to ISBM all right, title and interest (including all intellectual property rights) in such Suggestions; and (f) you are not entitled to any compensation or reimbursement of any kind from ISBM under any circumstances.
YOUR USE OF THE B2B PULSE AND THE ISBM BRAND MATERIALS IS AT YOUR SOLE RISK. THE B2B PULSE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ISBM, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; (ii) NON-INFRINGEMENT; (iii) THAT THE B2B PULSE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (iv) WITH RESPECT TO THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE B2B PULSE.
ANY ISBM BRAND MATERIALS OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE B2B PULSE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESABTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ISBM, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ISBM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE B2B PULSE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE B2B PULSE. 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 ISBM OVE LIMITATIONS OF MAY NOT APPLY TO YOU.
You indemnify us and our trustees, officers, directors, agents and employees immediately on demand against any and all claims, liability, damages, costs and expenses, including reasonable legal fees, arising out of or relating to: (a) any breach by you of these Terms; (b) your use of the B2B PULSE; (c) any User Content; (d) the infringement, misappropriation or other violation by you or any other user of the B2B PULSE using your computer, of any intellectual property or other right of any person or entity; or (e) any other liabilities arising out of your use of the B2B PULSE.
We reserve the right, without notice and in our sole discretion, to terminate your account and/or to block your use of the B2B PULSE. Upon termination or suspension of your account, your right to access the B2B PULSE and use the ISBM Brand Material ceases immediately. We will not be liable to you or any third party for termination or suspension of the B2B PULSE.
ISBM respects the privacy of the users of the B2B PULSE. This provision is designed to help you understand what information we gather and what we do with that information. The information we learn from users of the B2B PULSE helps us continually improve your online experience with the B2B PULSE.
When you register with B2B PULSE, we collect personal information from you such as your name, email address and the company you represent. We use the information that you provide for such purposes as responding to your requests, improving the B2B PULSE, and communicating with you. We will not share your personal information with any third parties unless the disclosure is reasonably necessary such as: to comply with law, a court order or subpoena; to enforce these Terms; or to protect the safety and security of our visitors and the B2B PULSE. Additionally, in the event that all or substantially all of the assets relating to the B2B PULSE are transferred or sold to another entity, information submitted to us may be transferred to the acquiring entity.
These Terms (including any additional terms) constitute the entire agreement between you and ISBM and governs your use of the B2B PULSE, superseding any prior version of these Terms between you and ISBM with respect to the B2B PULSE. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.
The failure of ISBM to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 remain in full force and effect.