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Terms of Use

This web site and the Management Roundtable services (the “Services”) are owned and operated by Management Roundtable Inc.("Management Roundtable" or "We"). By pressing the login button and accessing the Management Roundtable website using the password supplied by us, you agree to be bound by these Terms of Use.  If you do not agree to these Terms of Use, you may not use this site or the Services. We reserve the right to make changes to this site and to these Terms of Use at any time.  Any such modifications will become effective upon the date they are first posted to this site.

Payment
All customers are entering into an agreement with Management Roundtable, Inc.

Password and Security
You will receive a password and account designation from us. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.  You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Forums
Our website may contain bulletin boards, chat rooms or other message or communication facilities (collectively, "Forums").  You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum.  By way of example, and not as a limitation, you agree that when using a Forum, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
  • Upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer;
  • Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
  • Falsify the origin or source of software or other material contained in a file that is uploaded;
  • Except to the extent expressly allowed, advertise or offer to buy or sell any goods or services, or conduct or forward surveys, contests or chain letters; or
  • Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

You acknowledge that all Forums are public and not private communications.  You acknowledge that chats, postings, conferences and other communications by other users are not endorsed by Management Roundtable, and such communications shall not be considered reviewed, screened or approved by Management Roundtable. Management Roundtable has the right but not the obligation to monitor and edit or remove any activity or content posted on a Forum.  Management Roundtable takes no responsibility and assumes no liability for any content posted by you or any third party.  Management Roundtable reserves the right to deny in its sole discretion any user access to Forums without notice.

License – Use of Content
Upon joining Management Roundtable, you hereby grant to Management Roundtable an irrevocable, perpetual, worldwide, unrestricted, royalty-free right and license (the "License") to use, reproduce, publish, create derivative works of, display publicly, translate, sublicense, assign, copy and distribute and/or incorporate into other works in any form, media, or technology now known or hereafter developed, without compensation of any kind to you (i) any and all content (including but not limited to research reports, membership lists, customer requests, business studies and analyses), materials, information, opinions, and related documentation that you may provide or make available to the Management Roundtable Community in any form whatsoever (including but not limited to verbal communications) (collectively, the "Content"); and (ii) any and all trademarks related to the Content.

You represent and warrant that you own or otherwise control all of the rights to the Content, have the full right and authority to use and/or license such Content to third parties, that none of such Content is subject to any copyright or other proprietary right of a third party and use by Management Roundtable will not infringe any rights, including without limitation intellectual property rights, of any third party.

In addition you hereby grant to Management Roundtable a License to use, edit, reproduce, publish, create derivative works of, display publicly, translate, sublicense, assign, copy and distribute and/or incorporate into other works in any form, media, or technology now known or hereafter developed, without compensation of any kind to you: (i) any and all dialogues or conversations via face-to-face events, discussions, conference calls, online forums, or chat and email electronic communications that result from or take place through Management Roundtable activities or in connection with your membership (collectively, the "Dialogues"); (ii) any and all photographs taken by Management Roundtable at events or forums or in connection with your membership ("Photographs"); and (iii) any and all changes, corrections, modifications, adaptations, additions to, enhancements, and up-dates to the Content, Dialogues and Photographs.

Privacy Policy
To make your experience using our website more convenient, we may gather information from you.  We will use commercially reasonable efforts to maintain the privacy of your information using security technologies and adhere to policies designed to prevent unauthorized use of your personal information.

In addition to the information we collect directly from you, we may also monitor and track usage of our website, viewing and traffic patterns, and other similar information.  We may use this aggregate information as well as all of your personal information for internal business and administrative purposes including (but not limited to) to improve our website, our service offerings, our operations, and our customer service.

If Management Roundtable, or substantially all of its assets is acquired, personal information will be one of the transferred assets, and by accepting the terms of these Terms of Use, you agree that Management Roundtable my transfer your personal information to the party acquiring Management Roundtable or its assets.

We use a feature of your Internet browser called a "cookie" to assign a unique identification to your computer.  Cookies are files that your web browser places on your computer's hard drive.  They also save you time by tracking your personal information so that you do not have to re-enter this information upon every visit.  We do not and cannot use cookies to retrieve personal information about you from your computer unless you knowingly provided such information.  However, we have no access to or control over these cookies.

This website contains links to other sites.  Please be aware that we are not responsible for the privacy practices of such other sites and your visit to other sites will be subject to terms of use and/or privacy statements as provided by such other sites.  We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information.   This privacy policy applies solely to information collected by this website.

Copyright and Trademark Notice
All screens appearing on this site including graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of Management Roundtable, Copyright ©2006 Management Roundtable, or its suppliers, except where specified.  All rights not expressly granted herein are reserved.  Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Proprietary Rights
All materials on this site are the property of Management Roundtable or others, unless otherwise specified. Without Management Roundtable’s prior written permission, you may not copy, reproduce, republish, upload, post, transmit, modify, display or prepare derivative works based upon the materials on this site, except that you may download one copy on one computer for your personal, non-commercial use only, provided your do not delete or change any copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose violates Management Roundtable’s copyright and other proprietary rights. Note that any product or service referenced on this site may be subject to other proprietary rights reserved by Management Roundtable and are not licensed hereunder. All rights not expressly granted herein are reserved.

Management Roundtable and the Management Roundtable logo are trademarks of Management Roundtable in the United States and/or other countries. All other trade names, trademarks, logos, and service marks on this site are the property of their respective owners.

Intellectual Property Infringement Claims
It is Management Roundtable’s policy to respond expeditiously to any claims of intellectual property infringement. Upon receipt of a notice of a violation, Management Roundtable will take appropriate actions under the Digital Millennium Copyright Act and other intellectual property laws. Such action may include removing potentially infringing material from the any Forum or disabling access or reference to linkages. If you believe your work has been wrongfully used or copied, please send notice to:

Jackie Cooper, Management Roundtable Inc., 92 Crescent Street, Waltham, MA 02453, USA
+1 781 891 8080

Such notice should also contain:

  • Description of the work that you claim has been infringed;
  • Description where that work is located on the site;
  • Your address, telephone number and e-mail address;
  • Statement by you that you have a good faith belief that the disputed use is not authorized;
  • Statement by you under penalty of perjury that the above information is accurate and that you are the owner of the intellectual property interest or authorized to act on his or her behalf; and
  • Electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest.

Applicable Laws
This web site (excluding linked sites) is controlled by Management Roundtable from its offices within the [Commonwealth of Massachusetts, United Stated of America]. By accessing this web site, you and Management Roundtable agree that the statutes of the Commonwealth of Massachusetts, without regard to the conflicts of laws principles thereof, will apply to all matters related to the use of this web site. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.  You hereby consent to the exclusive jurisdiction and venue of the [Superior Court of Middlesex County, Massachusetts, and the United States District Court of the District Court of Massachusetts], in all disputes arising out of or relating to the use of any Management Roundtable website.  Use of any Management Roundtable website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.

DISCLAIMER AND LIMITATION OF LIABILITY
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MANAGEMENT ROUNDTABLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. MANAGEMENT ROUNDTABLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MANAGEMENT ROUNDTABLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MANAGEMENT ROUNDTABLE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOU AGREE THAT MANAGEMENT ROUNDTABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES ("REPRESENTATIVES ") SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF ANY MANAGEMENT ROUNDTABLE WEBSITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.  IN NO EVENT SHALL MANAGEMENT ROUNDTABLE OR ANY OF ITS REPRESENTATIVES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), WITH RESPECT TO ANY MANAGEMENT ROUNDTABLE WEBSITE, THE INFORMATION, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER MANAGEMENT ROUNDTABLE OR ANY OF ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY OF MANAGEMENT ROUNDTABLE AND OUR REPRESENTATIVES TO YOU SHALL NOT EXCEED $25.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

This web site may include technical inaccuracies or typographical errors. Information on this site and any products or services to which this site refers may be changed at any time without any notice. Management Roundtable makes no representations whatsoever about any other web sites that you may access through this web site. Such linked sites are not under Management Roundtable’s control and Management Roundtable is not responsible for the contents of any linked site or any link contained in a linked site or nay changes to such sites. Such links are provided as a convenience and the inclusion of a link does not imply Management Roundtable’s endorsement of the linked site.

Indemnity
You agree to indemnify and hold Management Roundtable, and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of any Management Roundtable website, your violation of this Agreement, or your violation of any rights of another.