Legal Terms for use of the KT Website
These terms and conditions (the “Terms”) govern your use of this Kepner-Tregoe, Inc. (“KT”) website (the “Website”). If you do not agree with these Terms, do not use this Website.
In the event the within Terms and Conditions contradict, alter or vary the terms of the Master Service Agreement, the terms of the Master Service Agreement shall control.
General Use Restrictions
All information, documents, products, software, and services (the “Materials”) provided on this Website are the copyrighted work of KT or under a valid contract or license from a third party. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of KT. No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of KT. You also may not, without KT’s prior express written permission, “mirror” or “frame” any portion of the Website on any other server.
Nothing on this Website shall be construed as conferring any license to any of KT’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Permission is granted to display, copy, distribute and download KT’s Materials which are provided free of charge on this Website provided that: (1) the copyright notice and any other proprietary notices contained in the Materials is included in the same manner, (2) the use of such Materials is solely for individual, non-commercial and informational use and will not be copied or posted on any network computer or broadcast in any media now known or hereafter devised, (3) only one copy may be made, and (4) no modifications of any of the Materials are made. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials.
Any software that is made available to download from this Website (“Software”) is the copyrighted work of KT and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). End users shall not install or use any Software that is accompanied by or includes a License Agreement unless the end user first agrees to the License Agreement terms.
For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: KT hereby grants to the user a personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions, and for no other purpose.
Please note that all Software, including without limitation all HTML code and Active X controls contained in this Website, is owned by KT and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, KT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from this Website for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Kepner-Tregoe, Inc., P.O. Box 704, Princeton, New Jersey 08542 USA.
Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communication regulations and statutes.
Links to Third Party Sites
This Website may be linked to other websites which are not under the control of and are not maintained by KT. KT is not responsible for the content of those sites. KT is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by KT of those sites. You assume sole responsibility for your use of the third party links and pointers.
Submissions and Chat Rooms
Unless otherwise explicitly stated herein, any submissions, messages, articles, stories or other posted materials (“Submissions”) provided by you in connection with this Website shall be deemed provided on a non-proprietary and non-confidential basis. By posting a Submission, you grant: (1) to KT, a royalty-free perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, translate, distribute, perform and display the Submission alone or as a part of other works in any form, media or technology whether known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses, and (2) to other users, the right to access, view, store, and reproduce the Submission pursuant to the Legal Terms for Use of the KT Website. KT shall have no obligation of any kind to you or anyone else with respect to such Submissions and shall be free to use or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you submit, and you, not KT have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
In consideration of being allowed to use the Website, you agree that you will not: (1) use the Website for any purposes in violation of local, state or national laws of any country, (2) post or submit material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to do so, (3) post or submit material that reveals trade secrets, unless you own them or have the permission to do so, (4) post or submit material that infringes on any other intellectual property rights or others or on the privacy or publicity rights of others, (5) post or submit material that is obscene, defamatory, threatening, harassing, abusive, hateful, discriminatory to other persons or entities, (6) post or submit sexually-explicit images, (7) post or submit advertisements or solicitations for business, (8) disrupt the normal flow or dialogue, or post or submit comments that are not related to the topic being discussed (unless it is clear that the discussion is in free form or open), (9) post or submit chain letters or pyramid schemes, (10) impersonate another person, (11) post, submit or otherwise distribute through the Website any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines, (12) distribute any “spam” or any unsolicited advertisements, whether commercial or personal, through the Website, or (13) take any other action which imposes an unreasonable or disproportionately large load on our infrastructure.
KT does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material submitted or posted by other users or endorse any opinions expressed by any user. You acknowledge that any reliance on material posted by other users will be at your own risk. KT does not screen submissions or postings in advance and is not responsible for screening or monitoring materials submitted or posted by others. If notified by a user of a posting or submission that allegedly does not conform to these terms, KT may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the offending submission or posting. KT has no liability or responsibility to any user for performance or nonperformance of such activities. KT reserves the right to expel users and prevent their further access to certain areas and the right to remove or edit any posting or submission in it sole discretion or as required by law.
You acknowledge that chats, conferences, bulletin boards and any other such communications forums hosted by this Website are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by KT, and such communications shall not be considered reviewed, screened or approved by KT.
Disclaimer of Warranty
UNLESS OTHERWISE EXPLICITLY STATED, THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS,” AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. KT MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. KT DOES NOT VERIFY OR GUARANTEE THAT ANY OF THE MATERIALS CONTAINED ON THE WEBSITE WILL BE FREE FROM DEFECTS, VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS OR OTHER SIMILAR HARMFUL OR DELETERIOUS PROGRAMMING ROUTINES.
Limitation of Liability
KT including its subsidiaries and affiliates, and the agents, employees and officers thereof (COLLECTIVELY, THE “REPRESENTATIVES”), shall not be liable for any damages suffered as a result of using THIS WEBSITE AND USING, modifying, contributing, copying, distributing, or downloading the materials. In no event shall KT AND ITS REPRESENTATIVES, be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage) however it arises, whether for breach or in tort, even if KT has been previously advised of the possibility of such damage.
You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the website and will not make a claim against KT for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the materials.
AS A CONDITION OF USE OF THIS WEBSITE, YOU AGREE TO INDEMNIFY KT AND ITS REPRESENTATIVES FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING ATTORNEYS’ FEES) AND DAMAGES ARISING OUT OF CLAIMS RESULTING FROM YOUR USE OF THIS WEBSITE. YOU FURTHER covenant not to sue KT OR ITS REPRESENTATIVES for any claims based on YOUR USE OR THE USE OF OTHERS OF THE website.
Local Laws; Export Control
KT controls and operates this Website from its headquarters in the State of New Jersey in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Website are solely directed to individuals, companies or other entities in countries where KT does business.
You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or reexported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or reexport as may be required.
This Website could include inaccuracies or typographical errors. KT may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website.
Any action related to these Terms will be governed by New Jersey law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications. KT can revise these Terms at any time without notice by updating this posting. You are responsible for regularly reviewing these terms and conditions. Continued use of this Website following any such changes shall constitute your acceptances of such changes.
Kepner-Tregoe, Kepner Tregoe logo, KT, K-T, eThink, eThink logo, Action Tracker, Analytic Trouble Shooting, Breakaway Organization, Engineering the Performance System, KT Memory Bank, KTConnects, Managing Involvement, Process Application Kit, Process Checker, Process Coach, Process Consultant, Project Logic, SAPADAPPADO, Sharpener, Driving Force and other marks, are trademarks or registered trademarks of Kepner-Tregoe, Inc. in the United States and other countries. This Website may also contain names or marks which are trademarks or registered trademarks of other companies.
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