Last Modified: December 14, 2020
Accessing the Outlook
We reserve the right to withdraw or amend the Outlook, and any service or material we provide through the Outlook, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Outlook is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Outlook, or all of the Outlook, to users.
To access the Outlook or some of the resources it offers, you may be asked to provide certain registration details or other information. You represent and warrant and agree that it is a condition of your use of the Outlook, that all the information and data (“Data”) you provide to NAED in connection with the Outlook is correct, current, and complete.
You may download a copy of any Report, using the designated features of the Outlook, to your systems and, unless a subscriber agreement sets a limitation on the number of copies, you may make copies for internal use as reasonably necessary, provided that the Reports and any part thereof may not be posted on an intranet or website for general access or viewing, or allowed to be accessed from systems external to your company. All copies created or saved must legibly bear all proprietary rights legends contained in the Reports as well as the cover page noting the Report name and source.
You may use discrete data values extracted from the Reports and portions of single tables from the Reports for inclusion in internal company reports and analyses by you provided that proper attribution is provided in such materials to NAED, and to the particular source Report of the data or table (a “Data Source”). A sample attribution format is as follows:
“[Data/Table] obtained from [Report title and date as appearing on the cover] licensed by NAED. Reuse is prohibited without permission. All rights reserved.”
You may not make any representations or warranties to any third party (including governmental entities) on behalf of NAED. Any permitted re-use of data and tables must not change the meaning or connotation such data or table had in the original Report and must not in effect re-use or reprint any substantial part of the Report or a table.
Except for the rights and licenses expressly granted hereunder, no other license is granted and all rights in the Outlook are reserved by NAED.
General Prohibited Uses
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Outlook. YOU WAIVE AND HOLD HARMLESS NAED AND EACH OF THEIR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all use of the Outlook, and cannot ensure use of the Outlook in accordance with all applicable laws. Accordingly, we assume no liability for any action or inaction regarding transmissions or use of the Outlook by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information Posted
The information presented on or through the Outlook is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Outlook, or by anyone who may be informed of any of its contents.
The Outlook includes content provided by third parties, including materials provided by other users, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, are solely the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Proprietary Rights; Confidentiality
The parties agree that the Reports are the copyrighted works of NAED, and copies are used under license, not sold. This is not a work for hire agreement, and NAED is and will remain the sole and exclusive owner of the Outlook, Reports, the aggregated data contained therein (subject to any rights of the suppliers of any unaggregated data with respect to the unaggregated data), and all aspects of the Outlook and the methodologies, processes, know-how and techniques used in connection therewith, including all copyrights and other intellectual property rights in any of the foregoing. NAED reserve the right to re-use for any purpose any and all data and Reports provided to you hereunder.
Changes to the Outlook
We may update the content on the Outlook from time to time, but its content is not necessarily complete or up-to-date. Any of the material available through the Outlook may be out of date at any given time, and we are under no obligation to update such material.
Links from the Outlook
If the Outlook contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to as part of the Outlook, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We make no claims that the Outlook or any of their content is accessible or appropriate outside of the United States. Access to the Outlook may not be legal by certain persons or in certain countries. If you access the Outlook from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Outlook will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE OUTLOOK OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE OUTLOOK OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE OUTLOOK, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE OUTLOOK IS AT YOUR OWN RISK. THE OUTLOOK, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE OUTLOOK ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NAED OR ANY PERSON ASSOCIATED WITH NAED OR ANY OF THEIR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE OUTLOOK. WITHOUT LIMITING THE FOREGOING, NEITHER NAED OR ANYONE ASSOCIATED WITH NAED OR ITS AFFILIATES REPRESENTS OR WARRANTS THAT THE OUTLOOK, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE OUTLOOK WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR OUTLOOK OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE OUTLOOK OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE OUTLOOK WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL NAED, THEIR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE OUTLOOK, ANY WEBSITES LINKED TO IT, ANY CONTENT ON NAED OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH NAED OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Waiver and Severability