2. Restrictions on Use
You will not in connection with your use of this website and all content therein: (a) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation; (b) interfere with or disrupt the computer networks of Agility or attempt to do so; (c) forge headers or in any manner manipulate identifiers in order to disguise the origin of any information; (d) download, upload, post, transmit, publish, or distribute any material that infringes, violates, breaches or otherwise contravenes the rights of Agility or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (e) interfere with or disrupt the use of this website by any other customer or user or reverse look-up, trace or seek to trace any information on any other user of or visitor to this website, or any other customer of Agility, including any Agility account not owned by you; (f) probe, scan or test the vulnerability of this website or any network connected to this website or attempt to gain unauthorized entry or access to the computer systems of any other person or entity; (g) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this website or Agility’s systems or networks, or any systems or networks connected to this website or to Agility; or (h) download, upload, post, transmit, publish or distribute any material or information that constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law.
You may not use any linking, deep-linking, framing or page-scraping technology, robots, spiders or other automatic devices, programs, algorithms or methodologies, or any similar or equivalent manual processes, to access, acquire, copy, distribute, display or monitor any portion of this website or any content, or in any way reproduce or circumvent the navigational structure or presentation of this website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this website.
You shall not use the content to develop, support, create or provide pricing for: (i) any database or product that competes directly with the content or any other Agility product or service offered in the marketplace or would create a functional substitute for any such Agility products or content; or (ii) any index (e.g. any composite financial index).
You may download and use certain content that is purposely and expressly made available by Agility for downloading from this website (such as product sheets or articles), provided that you: (i) do not remove any proprietary notice or disclaimer language in any copies of such documents, (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any representations or warranties relating to same.
3. Modification of Website and Content
This website and Content are subject to modification by Agility to make changes that Agility determines in good faith are required or desirable. Agility also may make changes to any products or services offered on this website, or to the applicable prices for any such products or services, at any time, without notice.
4. No Advice
This website and the Content are available only for the purpose of providing general information on workplace disaster preparedness response protocols, techniques and training. You should not rely on the Website and the information and resources contained on the Website as a replacement or substitute for any professional, financial, legal or other advice or counsel.
5. Delivery and Security
You shall solely be responsible for any and all necessary equipment and connections from your own computer systems to the Agility systems that will allow for access to this website and delivery of the Content. Agility shall have no responsibility for any such equipment or connections. You shall ensure that you have implemented security systems and procedures to prevent the unauthorized access to or misuse or disruption of this website or Content.
6. Intellectual Property
The ownership and intellectual property rights of this website including all Content, data, documentation, computer programs, systems, customizations, enhancements thereto, and the design, structure, selection, coordination, expression “look and feel” and arrangement of the Content, and enhancements, modifications or additional Content thereto shall be the sole and exclusive property of Agility and you shall not: (i) copy such material for any purpose (including by reverse engineering) or disclose it to any third party for any purpose whatsoever; (ii) by act or omission infringe upon Agility’s intellectual property rights in this website or Content. You acknowledge that this website, was developed, compiled, prepared, revised, selected and arranged by Agility through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and constitute valuable intellectual property and trade secrets of Agility or such relevant Data Provider.
You hereby agree to use commercially reasonable efforts to protect the proprietary rights of Agility in this website and Content. You irrevocably agree and acknowledge that, as between you and Agility, this website and Content is the sole and exclusive property of Agility, and shall not be considered works for hire. You shall comply with all reasonable written requests made by Agility to protect its contractual, statutory and common law rights in this website and Content.
Trade Marks. You shall not use any of Agility’s trademarks, trade names or service marks in any manner, and in no event in a manner accessible by or available to any third party. You acknowledge that you have no ownership or license rights in or to any of these names or marks.
Copyright. This website and Content is protected as a collective work or compilation under U.S. copyright and other laws. All data, information, and other elements making up the Content are copyrighted works and Agility hereby reserves all rights.
Copyright Infringement Claims. We respect the intellectual property rights of others, and require that the people who use this website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Agility’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
1601 Wewatta St., Suite 300
Denver, CO 80202
Attention: Legal Department
8. Links to Third Party Websites
This website may contain links to websites of third parties. These links are provided to you as a convenience, and Agility is not responsible for the content of any linked website. In addition, a link to any non-Agility website does not imply that Agility endorses or accepts any responsibility for the content or use of such a website.
9. Other Agility Services
Agility may provide you with access to Agility services through links and/or dedicated applications (collectively, “Other Agility Services”) from this website. For example, you may have access to a portal or planning service provided by Agility.
Your use of Other Agility Services shall be governed by additional agreements. We recommend you review those before using Other Agility Services.
You acknowledge that log-on access codes and passwords that are provided to you are for your use only and may not be shared. You shall ensure that your log-on access code and password is kept confidential. You agree to accept sole responsibility for the use and protection of the log-on access codes and passwords provided to you, including protecting the confidentiality of such passwords. You shall use commercially reasonable efforts to prohibit or cease any unauthorized access to this website or Content.
11. Disclaimer of Warranties and Limitation of Liability
No Liability. NEITHER AGILITY, ITS AFFILIATES NOR ANY DATA PROVIDER SHALL IN ANY WAY BE LIABLE TO YOU OR ANY CLIENT OF YOU FOR ANY INACCURACIES, ERRORS OR OMISSIONS, REGARDLESS OF CAUSE, IN THE CONTENT PROVIDED HEREUNDER OR FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING THEREFROM. WITHOUT LIMITING THE FOREGOING, AGILITY SHALL HAVE NO LIABILITY WHATSOEVER TO YOU, WHETHER IN CONTRACT (INCLUDING UNDER AN INDEMNITY), IN TORT (INCLUDING NEGLIGENCE), UNDER A WARRANTY, UNDER STATUTE OR OTHERWISE, IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF OR IN CONNECTION WITH ANY OPINIONS, RECOMMENDATIONS, FORECASTS, JUDGMENTS, OR ANY OTHER CONCLUSIONS, OR ANY COURSE OF ACTION DETERMINED, BY YOU OR ANY CLIENT OF YOU, WHETHER OR NOT BASED ON THIS WEBSITE OR CONTENT.
You will indemnify, defend and hold harmless Agility and its affiliates, directors, officers, agents employees, successors and assigns (“Agility Indemnitees”) from and against any and all losses, liabilities, damages, costs (including reasonable attorneys’ fees) and expenses arising as a result of any claims, suits or proceedings (collectively, “Claims”) brought by any third party against any Agility Indemnitees arising from your use of this website and/or Content.
You agree that Agility may, in its sole discretion and without prior notice, terminate your access to this website, for cause, which includes (but is not limited to): (i) requests by law enforcement or other government agencies, (ii) a request by you (self-initiated account deletions), (iii) discontinuance or material modification of this website or any service offered on or through this website, or (iv) unexpected technical issues or problems.
15. Third Party Restrictions
In addition to the rights and restrictions set forth in agreement(s) that you have entered into with Agility, use of Agility services is subject to the additional following terms: (i) you may be required to enter into, or to comply with the terms of, a third-party licensor agreement, and (ii) you may receive such terms within the service itself or directly by the third-party licensor.
To the extent that you redistribute any third-party services, you must obtain all required approvals for control and redistribution of such third-party services. You are responsible for any and all costs and fees associated with agreements entered into with any such third-party licensor. If a third-party licensor ceases to make one or more of its services available to Agility, or requires Agility to suspend or terminate the provision of all or any part of its services to you, or if Agility terminates its arrangements with the third-party licensor, then Agility may suspend or terminate that part of its services immediately without notice or further obligation to you.
Content provided by third-party licensors (“Third Party Content”) may contain: (i) restrictions, including without limitation, as to disclosure and use of the Third Party Content; and (ii) specific disclaimers with regard to such Third Party Content, including without limitation disclaimer for liability for inaccuracies, errors or omissions; which may be displayed in and shall apply to the Third Party Content.
Such Third Party Content is provided by other, non-Agility information providers and therefore Agility has no responsibility and makes no representations or warranties as to the accuracy, timeliness or completeness of the Third Party Content. Agility shall not be held liable for any loss or damage caused by the inaccuracies, errors or omissions, incomplete or late Third Party Content.