Diligent Board Member Services, Inc.
Last Amended: November 15, 2007
1. Access to Website
Limited License. We grant you a non-exclusive, non-transferable limited license to access and make personal use of the Website and not to download (other than page caching) or modify any portion of the Website without our prior written approval. You shall not use any robot, spider or other device to monitor the Website in any manner. We may terminate this license at any time.
2. Policies Governing Use of the Website
Links to the Website. You are expressly prohibited from framing or linking or otherwise using or displaying the Website or any portion thereof in such a manner so that it appears to be part of your own or someone else’s website.
Links to Other Websites. We may place links on the Website to other websites on the Internet that are owned or operated by third parties. For instance, industry affiliations and charitable organizations found on our website are separate companies from the Diligent, and are independently owned and operated. You acknowledge and agree that we are not responsible for, nor do we endorse or support, the operation of or content located on any such website, and we cannot and do not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By linking to these third party websites, you acknowledge and agree that you may not make any claim against us for any damages or losses of any kind arising from the third-party website and/or the link.
3. Intellectual Property
Trademarks. Diligent Boardbooks; Boardbooks; The Key To Effective Corporate Governance; Making Board Meetings Easier; One-Click; and Looks Like A Book, Works Like A Book; The Diligent Boardbooks Graphical User Interface; and other marks, logos, graphics, and trade dress used on the Website are our trademarks and are copyright or the trademarks and copyright of our affiliates, and may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval.
Copyrights. The materials posted on the Website are copyrighted materials of the Diligent and may not be reproduced, distributed, retransmitted, published or otherwise transferred, commercially exploited, made the subject of a derivative work or publicly displayed without permission from Diligent.
4. Disclaimer of Warranty; No Consequential Damages; Limitation of Liability
Disclaimer of Warranty. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. The Website is provided as is, without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, or warranties of non-infringement. To the fullest extent permissible by law, We make no warranties and shall not be liable for the use of the Website, including, without limitation, any interruption of or error in the services under any circumstances, including, but not limited to, Our negligence.
Limitation of Liability. Under no circumstances shall We be liable for any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the website, even if We have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Prohibited Uses. You expressly agree not to use the Website in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of the Website to invade the privacy of third parties, impersonation of our personnel or other parties or entities, transmitting abusive, profane, libelous, slanderous, threatening or otherwise harassing material via e-mail or your personal Web page(s). You also agree not to use the Website to violate the security of the Website or attempt to utilize another user’s account name or persona without authorization from that user.