Initial Notice
Thank you for visiting the Mass Open Books Web site. Please read carefully the following legal agreement before using this Web site. By using this Web site, you signify your assent to these Terms and Conditions of Use ("Agreement"). If you do not agree to these Terms and Conditions of Use, please disconnect from and do not use this Web site.
Proprietary Rights
Neither the Web site nor any element thereof, including, without limitation, text, graphics, images, or other materials ("Content"), may be copied, repurposed, uploaded, posted, transmitted, or redistributed, unless the source is duly cited. With respect to any software or other Content downloaded by you from the Web site, such materials are licensed to you by Pioneer Institute and are solely the property of Pioneer Institute. You may not modify the Web site, or any element thereof, and you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise attempt to access the source code to any software downloaded from the Web site.
We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video on this Web site own the property rights to that Content. Said content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. Any trademark that appears on this Web site may not be used in connection with any product or service that is not the trademark owner´s, in any manner likely to cause confusion among customers, or in any way disparages or discredits the trademark owners.
All rights, titles, and interests in and to this Web site are owned by Pioneer Institute. The Web site is protected by United States copyright law and international treaty provisions, including, without limitation, the Berne Convention. Pioneer Institute reserves all rights not expressly licensed hereunder.
Warranty Disclaimer
The web site and all elements thereof are provided on an "as is" basis without warranty of any kind, express or implied. Pioneer Institute makes no representations about the suitability of the information, software, products, and services contained on the web site for any purpose. Pioneer Institute disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Pioneer Institute does not warrant that the web site will operate or perform in a manner that is uninterrupted or error-free, or that the web site or host server will be maintained free of viruses or other harmful code. Pioneer Institute makes no warranties that the information presented on the web site is current, up-to-date, or accurate. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law.
Liability Limitation
Under no circumstance and regardless of legal theory, whether in tort, contract, or otherwise, will Pioneer Institute, its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees, and agents of any of them be liable to you or any other party for an indirect, special, incidental, reliance, or consequential damages, however caused, and regardless of character, including, without limitation, any damages relating to lost data, computer failure or malfunctioning, or otherwise. Some states and jurisdictions do not allow the limitation of liability for consequential or indirect damages, so the foregoing limitation may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of the web site.
The information, software, products, and services included in or available through the Mass Open Books web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Pioneer Institute and/or its suppliers may make improvements and/or changes in the Mass Open Books web site at any time. Advice received via the Mass Open Books site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Pioneer Institute and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Mass Open Books web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Pioneer Institute and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Pioneer Institute, its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees, and agents of any of them and/or their suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Mass Open Books web site, with the delay or inability to use the Mass Open Books web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through Mass Open Books web site, or otherwise arising out of the use of the Mass Open Books web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Pioneer Institute or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Mass Open Books web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Mass Open Books web site.
Links To Third Parties' Web Sites
This Web site may contain hyperlinks, which links the User to other documents or Web sites that are operated by third parties other than Pioneer Institute. Such hyperlinks are provided solely for User's references. Pioneer Institute does not control such Web sites and is not responsible for their contents. Pioneer Institute's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. Accordingly, User agrees to hold harmless Pioneer Institute, its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees, and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys' fees), and damages arising out of claims resulting from hyperlinking, including, without limitation, any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
Privacy Policy
The Pioneer Institute Privacy Policy explains the practices that apply to your information when you use this Web site. Your ongoing use of this Web site signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the "Privacy Policy" link located on the home page this Web site.
Limit To U.S. and Canadian Users
This Web site is presented by Pioneer Institute from within the United States, and Pioneer Institute makes no representation that materials in the Web site are appropriate or available for use in locations outside the United States or Canada. Neither the Web site, nor any underlying information or technology, may be downloaded or otherwise exported or re-exported into, or to a national or resident of, any country to which the United States has embargoed goods (for example, Cuba, Iran, Iraq, Libya) or to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's table of Denial Orders. By downloading or using any element of the Web site, you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the Web site.
Modification of These Terms and Conditions
Pioneer Institute reserves the right to change these terms, conditions, and notices under which the Mass Open Books Web site is offered at any time by revising the terms and conditions herein, including but not limited to the charges associated with the use of this Web site. User is responsible for regularly reviewing these terms and conditions. Continued use of this Web site following any such changes shall constitute the User's acceptance of such changes.
General Terms and Conditions
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
Choice of Law
This Agreement shall be deemed to have been made in the State of Massachusetts, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of the State of Massachusetts, U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the Commonwealth of Massachusetts for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the Massachusetts courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and Pioneer Institute as a result of this Agreement or use of this Web site. User agrees not to hold himself or herself out as a representative, agent, or employee of Pioneer Institute and Pioneer Institute shall not be liable for any representation, act, or omission of the User.
Pioneer Institute's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Pioneer Institute's right to comply with law enforcement requests or requirements relating to the User's use of this Web site or information provided to or gathered by Pioneer Institute with respect to such use.
Enforceability and Severability
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Entire Agreement
This Agreement constitutes the entire agreement between the User and Pioneer Institute with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Pioneer Institute with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Indemnification
As a condition of use of this Web site, the User agrees to indemnify Pioneer Institute, its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees, and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys' fees), and damages arising out of claims resulting from User's use of this Web site, including, without limitation, any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
No Unlawful Or Prohibited Use
As a condition of your use of the Mass Open Books Web Site, you warrant to Pioneer Institute that you will not use Mass Open Books Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Mass Open Books Web Site in any manner, which could damage, disable, overburden, or impair the Mass Open Books Web Site or interfere with any other party's use and enjoyment of the Mass Open Books Web Site.
Use Of Communication Services
The Mass Open Books Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
5. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
6. Conduct or forward surveys, contests, pyramid schemes or chain letters.
7. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
8. Falsify or delete any 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.
9. Restrict or inhibit any other user from using and enjoying the Communication Services.
10. Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
12. Violate any applicable laws or regulations.
No Duty To Monitor
Pioneer Institute has no obligation to monitor the Communication Services. You agree that we are not liable for content that is provided by others. Pioneer Institute has no duty to pre-screen content, but retains the right to refuse to post or to edit submitted content. Pioneer Institute may remove content for any reason, but is not responsible for any failure or delay in removing such material.
Procedure for Making Claims of Copyright Infringement
If you believe your work has been copied and is accessible at this Web site in a way that constitutes copyright infringement, please Contact Us with information regarding your claim.
Use of this Web Site
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Pioneer Institute does not knowingly collect personal information from children. If we ascertain that an individual is under the age of thirteen (13) and has provided personal information through this Web site, we will endeavor to delete such information as soon as reasonably practicable.
Communication Service Disclaimer
Pioneer Institute does not control or endorse the content, messages or information found in any Communication Service and, therefore, Pioneer Institute specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Pioneer Institute spokespersons, and their views do not necessarily reflect those of Pioneer Institute.
Termination/Access Restriction
Your right to use this Web site automatically terminates if you violate these Terms and Conditions of Use or any rules or guidelines posted in connection with this Web site. Pioneer Institute also reserves the right to terminate and / or restrict your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Disclosure of Information
Pioneer Institute reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pioneer Institute's sole discretion.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided To Pioneer Institute Or Posted At Any Mass Open Books Web Site
Pioneer Institute does not claim ownership of the materials you provide to Pioneer Institute (including feedback and suggestions) or post, upload, input or submit to any Mass Open Books Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Pioneer Institute, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Pioneer Institute is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Pioneer Institute 's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Copyright And Trademark Notices:
All contents of the Mass Open Books Web Site are: Copyright 2009 by Pioneer Institute and/or its suppliers. All rights reserved.
