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Terms of Use




ALM USER LICENSE AND TERMS OF USE



PLEASE SCROLL DOWN AND READ THE TERMS OF USE AND USER LICENSE CAREFULLY BEFORE
ACCESSING THIS WEBSITE OR APPLICATION.

1.ACCEPTANCE AND TERMS OF SERVICE

This website is owned and operated by ALM Media, LLC, a Delaware limited
liability company with offices at 150 East 42nd Street, Mezzanine Level, New
York, New York 10017 (along with any parent, subsidiaries, or divisions,
including but not limited to ALM Media Properties, LLC and ALM Media Canada,
Inc., collectively “ALM”, “us” or “we”). These Terms of Use (this “Agreement” or
“Terms”) are an agreement between you (“you”) and ALM and set forth the legally
binding terms of your use of this website and other platforms and interactive
properties, including but not limited websites and mobile applications
(collectively, the “ALM Applications”), and any information, content, materials
and/or data provided or given access by ALM to youin either print or digital
formats (“Content”), whether or not login-in, registration and/or a subscription
fee is required to access the ALM Applications or Content. By accessing or using
the ALM Applications or Content, you signify your assent to these Terms. If you
do not agree to these Terms, please do not access or use the ALM Applications or
Content.

Registration data and certain other demographic information about you are
subject to ALM’s Privacy Policy. For more information, see ALM’s Privacy Policy
which is incorporated in full herein by reference.

Updates to Terms. ALM reserves the right, at its discretion, to change, modify,
add or remove portions of these Terms at any time. Please check these terms and
conditions periodically for changes. Your continued use of the ALM Application
following the posting of changes to these Terms will mean you accept those
changes.

Electronic Form/Communications. By accessing the ALM Applications, you consent
to having this Agreement provided to you in electronic form and receiving
communications from us electronically.We may communicate with you by postal
mail, e-mail or by posting notices on the ALM Applications.You agree that all
agreements, notices, disclosures, and other communications we provide to you
electronically satisfy any legal requirements that such communications be in
writing.

2.USE OF THE ALM APPLICATIONS AND CONTENT

License. Subject to these Terms and any fees as applicable, ALM grants you a
limited, non-exclusive, non-transferable, revocable right to use the ALM
Applications and the Content solely for your personal, noncommercial use (e.g.,
viewing the Content on screen; printing paper copies for personal use or
electronically saving limited portions of Content). All other rights are
expressly reserved by ALM. You agree that you will not, unless specifically
permitted by us (i) copy, display or distribute any part of the Content or ALM
Applications, in any medium, without ALM’s prior written consent, (ii) alter or
modify any part of the ALM Applications other than as may be reasonably
necessary to use the ALM Applications for their intended purpose, (iii) alter
any Content or change or remove any copyright or other proprietary notices; or
(iv) install, post or distribute any part of the Content on any electronic
network, including without limitation the Internet and the World Wide Web, or
create a database (electronic or otherwise) using any portion of the ALM
Applications or Content. Use of the ALM Applications or Content via mechanical,
programmatic, robotic, scripted, spider, manual or any other automated means is
strictly prohibited. Unless otherwise agreed to by ALM in writing, use of the
ALM Applications or Content is permitted only via manually conducted, discrete,
individual search and retrieval activities.You may not conduct any kind of
systemic retrieval of data or Content from any ALM Application.

Withdrawal. ALM reserves the right at any time to withdraw from the Content any
item or part of an item for which it no longer retains the right to publish,
chooses to no longer offer for any reason, or which it has reasonable grounds to
believe infringes copyright or is defamatory, obscene, unlawful or otherwise
objectionable.

Registration and Profile Creation. In order to access certain features of the
ALM Applications, you may be required to register and/or create a user profile
(an “Account”) by creating a username and password and providing certain profile
and contact information. We may require or permit you to use your credentials
for a third-party platform (such as LinkedIn) to so register (a “Social
Sign-On”).Your Account shall only be used by you and only in connection with the
applicable ALM Application and may not be used in connection with other ALM
products. You are responsible for maintaining the confidentiality of your
Account and password, and are responsible for all activities that occur under
your Account and password.Sharing, selling or transferring your Account or
password with or to any other person or making it available to multiple users on
a network is strictly prohibited. You hereby agree to (i) provide information
about yourself as prompted by the registration form that is true, accurate,
current and complete; (ii) maintain and promptly update your personal
information (by sending an appropriately worded e-mail to customercare@alm.com
to keep it fully up to date); (iii) ensure that you exit from your member
account at the end of each session; and (iv) notify ALM in writing of any
unauthorized use of your Account or password or any other breach of security at
customercare@alm.com.You agree not to impersonate any person or entity or
misrepresent your identity or affiliation with any person or entity, including
using another person’s username, password or other account information or
another person’s name, likeness, voice, image or photograph. If you provide (or
we have reason to suspect that you have provided) any information that is
untrue, inaccurate, not current, or incomplete, or there is unauthorized use of
your Account or we suspect fraudulent or abusive activity, we have the right,
among other remedial options, to require you to use and pay for an additional
account for the relevant product and/or interrupt, restrict, suspend or
terminate your current or future use of or access to the ALM Applications (or
any portion thereof), without notice to you. You shall cooperate with us in any
fraud investigation and use any reasonable fraud prevention measures we
prescribe. Failure to cooperate will result in your liability for all fraudulent
usage.

No Interference. You will take no action to interfere with, interrupt, destroy
or limit the functionality of the ALM Applications or any computer software or
hardware or telecommunications equipment.You may not use the ALM Applications in
any manner that could damage, disable, overburden, or impair any ALM server, or
the network(s) connected to any ALM server, or interfere with any other party’s
use and enjoyment of any ALM Applications.You may not attempt to gain
unauthorized access to any ALM Applications, other accounts, computer systems or
networks connected to any ALM server or to any of the ALM Applications, through
hacking, cracking, distribution of counterfeit software, password mining or any
other means.You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available through the ALM
Applications.You may not reverse engineer, decompile or disassemble any software
accessed through ALM Applications, including any proprietary communications
protocol used by ALM.

Security. ALM has implemented commercially reasonable technical and
organizational measures designed to secure your personal information from
accidental loss and from unauthorized access, use, alteration or
disclosure.However, we cannot guarantee that unauthorized third parties will
never be able to defeat those measures or use your personal information for
improper purposes.You acknowledge that you provide your personal information at
your own risk.

Modification to Services. ALM has the right to modify the ALM Applications and
Content at any time in its sole discretion.Your only right with respect to any
dissatisfaction with any modifications made pursuant to this provision, or any
policies or practices of ALMin providing its products, services, Content or any
ALM Applications is to stop using the ALM Applications as set forth herein.

3.PAID SUBSCRIPTIONS

If you purchase a subscription to access the ALM Applications and/or Content
(“Subscription”), the Subscription shall be subject to these Terms, as well as
any terms and conditions to which you agree at the time of purchase, including
applicable subscription fee (“Fee”), payment terms and length of Subscription
(“Subscription Period”). If you purchase a subscription pursuant to an
applicable product agreement (“Product Agreement”), the Product Agreement may
specify the number of user accounts authorized to access the ALM Applications
and/or Content pursuant to that subscription (“Authorized Users”).For the
avoidance of doubt, and notwithstanding the foregoing, Authorized Users will be
limited pursuant to and as stated in the Product Agreement, including
limitations by number of users or a user’s office location.In such cases, access
to and use of the ALM Applications and/or Content by any other third party is
not permitted.Any increase to the number of Authorized Users must be approved by
ALM in writing and may be subject to additional fees.

With respect to all Subscriptions, you shall:

 * ensure that all Authorized Users accessing the Content are appropriately
   notified of the importance of respecting the intellectual property rights in
   the Content and of the sanctions which ALM imposes for failing to do so;
 * use best efforts to protect the Content from unauthorized use or other breach
   of these Terms;
 * monitor compliance and immediately upon becoming aware of any unauthorized
   use or other breach, inform ALM and take all appropriate steps to ensure that
   such activity ceases and to prevent any recurrence;
 * provide ALM with information sufficient to enable ALM to provide access to
   the Content. Should you make any significant change to such information, you
   will notify ALM not less than ten (10) days before the change takes effect;
   and
 * ensure that only Authorized Users are permitted access to the Content. Your
   right to use the Content is not transferrable. Any password or right given to
   you to obtain information is not transferable.

Refunds, Late Payments and Taxes.

 * All fees paid and charges made prior to the expiration or termination of your
   Subscription, as provided herein, including any advance charge or payment for
   the Subscription Period during which you terminate your Subscription, are
   nonrefundable. Termination of your Subscription shall not relieve you of any
   obligations to pay accrued charges.
 * Your account may be deactivated without notice to you if payment is past due,
   regardless of the dollar amount. You agree to pay any outstanding balance in
   full within thirty (30) days of cancellation or termination of your
   Subscription to the applicable Content.
 * Prices exclude all shipping, handling and taxes unless stated otherwise. ALM
   collects taxes at the rate in effect at the time your transaction is
   completed. If the tax rate changes before the transaction is completed, the
   new tax rate in effect will apply. ALM cannot accept exemption certificates
   for purchases made online. Contact customer service at customercare@alm.com
   if you believe a transaction may be exempt from tax.
 * Modifications to Fees or Billing Terms: ALM RESERVES THE RIGHT, AT ANY TIME,
   TO CHANGE ITS SUBSCRIPTION FEES AND BILLING METHODS, UPON EFFECTIVE NOTICE TO
   YOU, WHICH SHALL INCLUDE NOTICE SENT TO YOUR DESIGNATED EMAIL ADDRESS. If any
   such change is unacceptable to you, you may terminate your Subscription by
   contacting customer service at customercare@alm.com. Your continued use of
   the Content following the effective date of a change to fees or billing
   methods shall constitute your acceptance of such change.

Delivery and cancellations. Where your Subscription or product order involves
the delivery of a physical item or items, they will be delivered to the address
that you indicate when you place your order through any ALM Application and the
risk of damage to or loss of such items shall pass to you at the time of
delivery even if they have not been received by you in person. Any times quoted
for delivery are approximate only and ALM shall not be liable for any delay in
delivery howsoever caused. If you experience any delivery issues, please contact
customer service at customercare@alm.com.

Archived Content. Certain Content on the ALM Applications may be archived and
become unavailable with your Subscription after six months of initial
publication (“Archived Content”).In order to access full text or display of
Archived Content, rather than only a citation, abstract or other limited
reference, you will need to obtain a separate LexisNexis subscription from
LexisNexis.

4.INTELLECTUAL PROPERTY OWNERSHIP

ALM or its licensors, suppliers or other designees owns all right, title and
interest in and to the Content and the ALM Applications (including all
materials, including but not limited to all text, logos, photographs, graphics,
images, illustrations, designs, icons, photographs, databases, video, audio,
software, html, source and object code, algorithms, business logic, modules,
programs, links and other materials). You shall not, and shall not permit anyone
else to, reproduce, copy, distribute, publish, transmit, broadcast, sell,
license or otherwise access or use all or any part of the Content or any
information contained therein without the prior written consent of ALM. All ALM
brands and trademarks (whether registered or unregistered) and graphics, logos,
designs, page headers and button icons are subject to the intellectual property
rights of ALM and neither they nor any confusingly similar versions may be used
by you including, but not limited to as part of any trademarks and/or domain
names without ALM’s prior written consent.

Use of AP Material. The following provision applies to all visitors (which shall
include persons and representatives of legal entities, whether such
representatives are persons or digital engines of a kind that crawls, indexes,
scrapes, copies, stores or transmits digital content). By accessing this website
or digital service, you specifically acknowledge and agree that (i) Associated
Press text, photo, graphic, audio and/or video material shall not be published,
broadcast, rewritten for broadcast or publication or redistributed directly or
indirectly in any medium; (ii) no Associated Press materials nor any portion
thereof may be stored in a computer except for personal and non-commercial use;
(iii) the Associated Press will not be held liable for any delays, inaccuracies,
errors or omissions therefrom or in the transmission or delivery of all or any
part thereof or for any damages arising from any of the foregoing; (iv) the
Associated Press is an intended third party beneficiary of these terms and
conditions and it may exercise all rights and remedies available to it; and (v)
the Associated Press reserves the right to audit possible unauthorized
commercial use of AP materials or any portion thereof at any time.

Downloadable mobile products. Copyright in any software that is made available
for download from any ALM Application shall belong to ALM and/or our software
suppliers. Your use of the software is governed by the terms of any license
agreement that may accompany or be included with it. Do not install, download or
use any software unless you agree to such license agreement.

5.USER SUBMISSIONS AND CONDUCT

Forums. For the purposes of this Agreement, “Forum” means letters, comments,
emails or other types of communications submitted by you or other third parties
to us, our editors, Webmaster(s) or employees of ALM, and messages posted to
them or to other users in connection with online seminar discussions, forums,
blogs or chat-pages on any ALM Application.Forums are provided for your exchange
of lawful, relevant, fair and appropriate information, opinions and comment. Use
of the Forums that is inconsistent with those stated purposes or which is
prohibited under these Terms is prohibited.

Removal. ALM has the right, but not the obligation to monitor, edit or remove
Forum content or Forum materials, and may do so at any time and for any reason
in its sole discretion, including but not limited to the course of normal
maintenance of the ALM Application and its systems or in the good-faith belief
that such action is necessary to: (1) comply with the law or comply with legal
process served on ALM; (2) protect and defend the legitimate business interests,
rights or property of ALM, ALM users, advertisers, customers, sponsors,
advertisers or affiliates; or (3) act in an emergency to protect the personal
safety of ALM guests or the public. You shall remain solely responsible for the
content of your communications. If you object to the publication of any material
placed on any ALM Application please contact ALM by sending an email to customer
service at customercare@alm.com and ALM will take whatever action it deems
appropriate. ALM specifically disclaims any liability with regard to Forum
content and any actions resulting from your participation in any Forum.ALM
cannot guarantee that individuals submitting Forum content or otherwise
participating are who they represent themselves to be, nor does ALM endorse,
represent or validate, the content, accuracy or reliability of, or the
statements, assertions, views or opinions expressed in, Forums, and you
acknowledge that any reliance upon the same shall be at your sole risk.



Prohibited Uses of any ALM Application. You hereby agree that you will not use
any ALM Application or Forum to:

 * promote or encourage the sale of your goods/services or those of any third
   party;
 * solicit other guests or users of the ALM Application to join or become
   members of any commercial online or offline service or other organization;
 * disseminate any unsolicited or unauthorized advertising, promotional
   materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any
   other form of solicitation;
 * disseminate any material which is or may infringe the rights (including, but
   not limited to, intellectual property rights) of any third party or which is
   unlawful, threatening, defamatory, obscene, indecent, offensive,
   pornographic, abusive, liable to incite racial hatred, discriminatory,
   menacing, scandalous, inflammatory, in breach of confidence, in breach of
   privacy, or which may restrict or inhibit the use of the ALM Application
   and/or any of the Content by any person or which constitutes or encourages
   conduct that may be considered a criminal offence or give rise to civil
   liability;
 * disseminate any material which does or may bring ALM or any of its brands
   into disrepute or in any way damage their reputation;
 * disseminate any material that may interrupt, damage, destroy or limit the
   functionality of any computer software or hardware or telecommunications
   equipment, including, without limitation, computer viruses, logic bombs,
   Trojan horses, worms, harmful components, corrupted data or other malicious
   software or harmful data;
 * post link(s) that take users to material that contravenes any of the above
   restrictions;
 * falsify, delete or disable any copyright management information, such as
   author attributions, legal or other proper notices or proprietary
   designations or labels of the origin or source of software or other material
   contained in a file that is uploaded;
 * collect in any way personal information about others, including e-mail
   addresses, password or other account information or use such information to
   send unsolicited emails, or use, download or otherwise copy or provide
   (whether or not for a fee) to a person or entity any directory of users of
   the ALM Applications or other user or usage information;
 * impersonate or create a false identity for the purpose of misleading others,
   improperly use support or complaint buttons or make false reports to ALM
   administrators, or engage in fraudulent transactions; or
 * use, develop or distribute “auto” software programs, “macro” software
   programs or other “cheat utility” software program or applications.

If any ALM Application makes available the name, contact information, and/or any
other information (“Participant Information”) concerning any sponsor, exhibitor,
or attendee (each, a “Participant”) in or at any ALM trade show, conference, or
other event (each, an “Event”), whether live or virtual, you may not use any of
such Participant Information except for your own internal business purposes (and
may not, for example, directly or indirectly resell or otherwise redistribute,
or permit any third party to use, any of same), and, if you are not yourself an
authorized Participant in such Event, you agree not to solicit or otherwise
contact any Participant identified by such Participant Information.

License and Warranty.By uploading materials to any Forum or submitting any
materials to ALM (“Posts”), you automatically grant (or warrant that the owner
of such rights has expressly granted) ALM a perpetual, royalty-free, fully
paid-up, irrevocable, non-exclusive, transferable, worldwide, sub-licensable
right and license to (a) use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform, create derivative works from, disclose, post,
and/or remove such Posts or incorporate such Posts into any form, medium, or
technology now known or later developed, in any manner, and (b) use your name,
user/log-in name, likeness, biographic and other profile information about you
in connection with any use of your Posts, in each case, in whole or in part,
without payment or other additional consideration of any kind, or permission or
notification to you or any third party and without crediting you.By registering
via a Social Sign-On, you are granting your consent for us to display the name
and photograph and other information associated with your applicable third-party
platform profile in connection with the display of your Posts.

Without limiting the foregoing, you also hereby permit ALM and its designees to
use portions of your Posts, to modify or rewrite any of your Posts, and/or to
incorporate other materials, either created by ALM and/or its designees or
licensed from third parties (any of the foregoing, “Edits”). All resulting Edits
and/or derivative works (including, in each case, all intellectual property and
proprietary rights therein) shall be owned by ALM and/or such designees and not
subject to your approval or payment by ALM or any other party of any
compensation to you.

You acknowledge and agree that you are receiving good and valuable consideration
for the rights you are granting herein, such consideration is adequate,
satisfactory, and complete, and includes your right to access and use the ALM
Applications in accordance with the terms and conditions set forth herein. To
the maximum extent permitted by law, you hereby waive all moral rights, rights
of attribution, rights of privacy and rights of publicity in your Posts that may
be available to you in any part of the world. You hereby confirm that no such
rights have been or will be asserted.

You further acknowledge and agree that your Posts do not contain confidential or
proprietary information, the relationship between you and ALM is not a
confidential, fiduciary, or other special relationship, and ALM is not under any
obligation of confidentiality, privacy, secrecy or use restriction of any kind,
express or implied, with respect to your Posts, all of which may be used by ALM
under the foregoing license or any applicable assignment made pursuant to an
agreement between ALM and you or your employer, and without any further
obligation to you.

ALM may be considering, contemplating or developing the same or a similar idea
(and/or related products, services, concepts, systems or techniques) to one or
more ideas (and/or products, services, concepts, systems and/or techniques)
reflected in your Posts submitted on the ALM Applications, whether before, at
the time of or following your submission. Without limiting the foregoing license
in any respect, you hereby waive any and all claims you may have had, may have
currently, and/or may have in the future, that any ideas or materials accepted,
reviewed and/or used by ALM and its designees (and/or any related products,
services, concepts, systems and/or techniques) in any way (i) may be similar to
or unlawfully or otherwise improperly compete with your Posts or any of the
Content thereof or (ii) violate any obligation of ALM to you or any other person
or entity that in any way is alleged to arise from or relate to your Posts or
any of the Content thereof.

You represent and warrant to us that you are authorized to grant all rights
pursuant to the foregoing license and, further, your Posts: (i) are truthful and
accurate, and contain solely original content owned by you, content for which
you have received express permission from the owner and have provided proper
attribution to same, or content in the public domain (and you assume all
responsibility for making such determinations and acquiring all necessary
authorizations and approvals related to your Posts); (ii) do not violate and
will not violate the rights of any third party or any local, state, national or
foreign law, including any right of publicity, right of privacy, confidentiality
or any other contractual or proprietary right, including patent, trademark,
copyright and trade secret rights; (iii) disclose all affiliations or relations
necessary so that such Posts are not deceptive or misleading (for example, if
you are commenting upon a company and work for that company, then this should be
disclosed); and (iv) comply with all other provisions of this Agreement.

6.DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

Materials may be made available via the ALM Applications by third parties not
within ALM’s control. ALM is under no obligation to, and does not, scan content
used in connection with the ALM Application for the inclusion of illegal or
impermissible content. However, ALM respects the copyright interests of others.
It is ALM’s policy not to permit materials known by ALM to infringe another
party’s copyright to remain on the ALM Applications. If you believe any
materials on an ALM Application infringe a copyright, you should provide us with
written notice that at a minimum contains:

 * a physical or electronic signature of a person authorized to act on behalf of
   the owner of an exclusive right that is allegedly infringed;
 * identification of the copyrighted work claimed to have been infringed, or, if
   multiple copyrighted works at a single online site are covered by a single
   notification, a representative list of such works at that site;
 * identification of the material that is claimed to be infringing or to be the
   subject of infringing activity and that is to be removed or access to which
   is to be disabled, and information reasonably sufficient to permit ALM to
   locate the material;
 * information reasonably sufficient to permit ALM to contact the complaining
   party, such as an address, telephone number, and, if available, an electronic
   mail address at which the complaining party may be contacted;
 * a statement that the complaining party has a good faith belief that use of
   the material in the manner complained of is not authorized by the copyright
   owner, its agent, or the law; and
 * a statement that the information in the notification is accurate, and under
   penalty of perjury, that the complaining party is authorized to act on behalf
   of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to ALM’s designated agent as follows:
ALM Media, LLC
Attn: Associate General Counsel
150 East 42nd Street
Mezzanine Level
New York, NY 10017
212-457-9679
646-822-5159 (fax)
Email: copyright@alm.com

It is ALM’s policy to terminate relationships regarding content with third
parties who repeatedly infringe the copyrights of others.

7.THIRD PARTY CONTENT; LINKING

Third Party Opinions. The ALM Applications may contain views, opinions and
statements of various third party individuals and organizations. ALM neither
endorses nor makes any representation or warranty whatsoever regarding the
views, opinions or statements provided by any third party or any user of the ALM
Applications. It is your responsibility to evaluate the accuracy, completeness
and usefulness of any information, opinion or Content available through the ALM
Applications and to seek appropriate advice of professionals, as appropriate.

Linking. To the extent that any ALM Application contains links to outside
services and resources (“External Sites”), ALM does not control the availability
and content of those outside services and resources. These links are provided
solely for your convenience. If you use these links, you leave any ALM
Application. ALM does not endorse or make any representations about these third
party sites, or any material found on them, or any results that may be obtained
from using them. If you decide to access any of these third party websites you
do so entirely at your own risk and acknowledge that these third party sites may
contain rules and regulations, privacy provisions, confidentiality provisions,
transmission of personal data provisions, and other provisions (“External Site
Terms”) that differ from the provisions which apply to the ALM Applications, and
ALM is not responsible for, and expressly disclaims any and all liability for or
related to, the availability of, or the content located on or through, any
External Site, its External Site Terms, or any Losses (as defined in Section 9)
that may arise or result from your navigation to or use of any External Sites.
Any concerns regarding any such service or resource, or any link thereto, should
be directed to the particular service or resource. You may link to any page of
an ALM Application subject to the following conditions:

 * you do not replicate the home page of the ALM Application;
 * you do not create a frame or any other browser or border environment around
   the ALM Application;
 * you only link to freely available content (and not link to any content that
   is considered Content that is only made to users with a username and
   password);
 * you do not in any way imply any endorsement by ALM other than with its
   written consent or misrepresent your relationship with ALM;
 * you do not use any logos or trademarks displayed on the ALM Application
   without the express written permission of ALM; and
 * the linking website does not contain content that is distasteful, offensive
   or controversial, that infringes any intellectual property rights or other
   rights of any other person or otherwise does not comply with all applicable
   laws and regulations.

8.DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION

General Information. The Content has been prepared by ALM as a service to ALM
readers and the Internet community. It is provided only for general information
and in not intended to address your particular requirements or to constitute any
form of advice or recommendation (including, but not limited to legal advice).
ALM has used reasonable efforts in collecting, preparing and providing quality
information and material, but does not warrant or guarantee the accuracy,
completeness, adequacy or currency of the information contained in the Content
and/or on or linked to any ALM Application. Users of information on any ALM
Application or links do so at their own risk and acknowledge that this
information should not be relied upon in making (or refraining from making) any
specific investment or other business or personal decisions (professional advice
should always be obtained prior to making any such decision).In no way shall ALM
be liable to you for any claims relating in any way to your inability or failure
to perform any kind of research or related work or to perform such research or
related work properly or completely, even if assisted by ALM, your use of the
Content or your reliance on the information contained in the Content.

Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL ALM
APPLICATIONS AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE”
BASIS, ALM, THE ALM PARTIES (AS DEFINED BELOW) AND ANY THIRD PARTY CONTENT
PROVIDER (IF APPLICABLE) DISCLAIM AND MAKE NO WARRANTY OR REPRESENTATION OF ANY
KIND, EITHER EXPRESS OR IMPLIED. ALM AND THE ALM PARTIES DO NOT WARRANT THE
ACCURACY, COMPLETENESS, NON-INFRINGEMENT, TIMELINESS, PERFORMANCE,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE ALM APPLICATIONS,
CONTENT OR THE INFORMATION THEY CONTAIN.ALM, THE ALM PARTIES AND ANY THIRD PARTY
CONTENT PROVIDER (IF APPLICABLE) DO NOT MAKE ANY WARRANTY THAT ACCESS TO ANY ALM
APPLICATION OR CONTENT WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE, OR
FREE OF VIRUSES OR ANY HARMFUL FILES, AND ALM AND, ALM PARTIES AND ANY THIRD
PARTY CONTENT PROVIDER (IF APPLICABLE) SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED
BY SUCH DESTRUCTIVE FEATURES. ALM AND THE ALM PARTIES DO NOT MAKE ANY WARRANTY
AS TO THE LIFE OF ANY SUBSCRIPTION OR AVAILABILITY OF ANY CONTENT.THE FOREGOING
DISCLAIMER OF WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ALM OR THE ALM PARTIES BE
LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING BUT NOT LIMITED TO OTHER AUTHORIZED
USERS, FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHETHER OR
NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT IN ANY MANNER ARISES
OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE ANY
ALM APPLICATION OR ANY CONTENT AVAILABLE ON OR THROUGH ANY ALM APPLICATION. IN
NO EVENT SHALL ALM’S AGGREGATE LIABILITY FOR ANY LOSSES IN ANY WAY ARISING FROM
OR RELATING TO THIS AGREEMENT OR YOUR USE OR INABILTY TO USE ANY ALM
APPLICATIONS OR CONTENT OR TO ANY USE OR EXPLOITATION OF YOUR POSTS OR RIGHTS
THEREIN FOR ANY PURPOSE EXCEED US$1,000. THE FOREGOING LIMITATION OF LIABILITY
AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR
EFFECTIVENESS OF OTHER REMEDIES. REGARDLESS OF THE CAUSE OR FORM OF ACTION, YOU
MAY BRING NO ACTION ARISING FROM THIS AGREEMENT MORE THAN TWELVE (12) MONTHS
AFTER THE CAUSE OF ACTION ARISES.THE FOREGOING LIMITATIONS OF LIABILITY SHALL
APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.

YOU AND ALM AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN
THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT
THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN
BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION OF EACH PARTY TO ENTER
INTO THIS AGREEMENT.YOU AND ALM AGREE THAT THE WARRANTY DISCLAIMERS AND
LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.

Indemnification. You agree to defend, indemnify and hold ALM and its affiliates
and their directors, managers, officers, employees, agents, subsidiaries,
successors and assigns (collectively, the “ALM Parties”) harmless, from and
against any claims, losses, damages, penalties, demands, actions, suits,
judgments, settlements, costs, liabilities, obligations and expenses, including
reasonable attorneys’ fees (“Losses”), resulting from your breach or alleged
breach of these Terms, regardless of the form of action.

9.DISPUTE RESOLUTION

Most customer concerns can be resolved quickly and to the customer’s
satisfaction by contacting customer service at customercare@alm.com.If, however,
there is an issue that needs to be resolved, you agree that the following
provisions will apply:

Jury Trial Waiver. YOU AND ALM EACH VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY
IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SERVICES.

Class Action Waiver. YOU AND ALM EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY
ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR
REPRESENTATIVE PROCEEDING.All litigations under this Agreement must be conducted
on an individual (and not a class-wide) basis.You acknowledge and agree that
this Agreement specifically prohibits you from commencing any legal proceedings
as a representative of others, participating in a class, representative, or
collective action as a class representative, class member or an opt-in party,
acting as a private attorney general, or joining or consolidating Claims with
claims or proceedings brought by any other person.

Governing Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the New York, without application of conflict of
laws rules.Exclusive jurisdiction and venue in connection with any dispute
between you and ALM will rest, and you and ALM each agree to submit to the
exclusive jurisdiction of, the courts of the State of New York and the federal
courts of the southern district, located in New York City, New York.

10.MISCELLANEOUS

Additional Terms. Your use of the ALM Applications is subject to any and all
additional terms, policies, rules or guidelines that we may post or link to on
the ALM Applications (collectively, the “Additional Terms”), such as any other
terms or rules applicable to particular features, promotions or content on the
ALM Applications.All such Additional Terms are hereby incorporated into this
Agreement by reference.

Age Requirements. You represent and warrant that you are at least 18years old
and that you possess the legal right and ability to enter into this Agreement
and to use the ALM Applications in accordance with these Terms.If we have any
reason to believe you are not 18 or older we may terminate your access to the
ALM Applications and Content.

Availability and Use Outside the U.S. Unless otherwise specified, the Content on
any ALM Application is presented solely for the purpose of promoting
publications and other products available in the United States, its territories,
possessions and protectorates. ALM makes no representation that any Content on
any ALM Application is appropriate or available for use in other locations.
Those who choose to access any ALM Application from other locations do so on
their own initiative and are responsible for establishing the usability or
correctness of any information or Content under any or all jurisdictions and the
compliance of that Content with local laws, if and to the extent local laws are
applicable.

Violations of this Agreement; Injunctive Relief. ALM reserves the right to seek
all remedies available at law and in equity for violations of this Agreement,
including without limitation the right to block access to the ALM Applications
from a particular account, device or IP address. ALM shall not be liable for any
damages of any nature suffered by any customer, user, or any third party
resulting in whole or in part from ALM’s exercise or its rights under this
Agreement.Without limiting the foregoing, you acknowledge that the Content is
highly proprietary material in nature and that unauthorized copying, transfer or
use may cause ALM irreparable injury that cannot be adequately compensated for
by means of monetary damages. You agree that any breach of this Agreement by you
may be enforced by ALM by means of equitable relief (including, but not limited
to, injunctive relief) in addition to any other available rights and remedies.

Termination. On termination of your registration account or Subscription, all
usage rights to the Content automatically terminate, and you shall immediately
cease to use the Content and shall remove any and all electronic copies of the
Content from your systems.

Usage by children under 13. The ALM Applications are directed to adults and are
not directed to children under the age of 13. ALM cannot prohibit minors from
visiting our websites so ALM must rely on parents, guardians and those
responsible for supervising children under 13 to decide which materials are
appropriate for such children to view and/or purchase. ALM complies with the
Children’s Online Privacy Protection Act and does not permit registration by and
will not knowingly collect personally identifiable information from anyone under
13.

Other. This Agreement, including any schedules hereto, constitutes the entire
agreement and supersedes all prior or contemporaneous agreements or
representations, written or oral, concerning the subject matter of this
Agreement. ALM may assign these Terms, in whole or in part, at any time.The
invalidity or unenforceability of any provision of this Agreement shall not
affect the continuation or enforceability of the remainder of this Agreement.
The waiver by ALM of a breach or violation of any provision of this Agreement
shall not constitute a waiver of any subsequent or other breach or violation.
The failure of ALM to partially or fully exercise any rights or the waiver of
ALM of any breach of these Terms by you, shall not prevent a subsequent exercise
of such right by ALM or be deemed a waiver by ALM of any subsequent breach by
you of the same or any other term of these Terms.The rights and remedies of ALM
under these Terms and any other applicable agreement between you and ALM shall
be cumulative, and the exercise of any such right or remedy shall not limit
ALM’s right to exercise any other right or remedy.

Contact Us. If you have a question or issue relating to a Subscription, such as
wanting to change your mailing address, cancel a print Subscription or report a
missing print issue, please email customer service at customercare@alm.com.

For other questions regarding these Terms, you can write to ALM Legal at
ALMLegal@ALM.com.

Last Updated: August 27, 2018

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