Ownership of Site, Trademarks and Copyrights
Consilient, Inc. and other trademarks on this Site are trademarks and service marks or registered trademarks or service marks of Consilient, Inc. and/or its direct or indirect subsidiaries and affiliates (herein referred to as “Consilient,” “we” or “us”). All material available on the Site, except where otherwise noted, is under copyright to Consilient. Consilient reserves all rights with respect to copyright and trademark ownership of all material on the Site, and will enforce such rights to the full extent of applicable law.
We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason or no reason at all. You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Site or the Services; (b) use the Site or Services to violate any local, state, national, or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (d) distribute viruses or other harmful computer code through the Site, or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. You agree that you will not upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding, any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable.
Electronic Notices and Communications
By visiting our websites or sending us email, you are communicating with us electronically. By communicating with us electronically, you agree that: (a) we may communicate with you electronically by email, or as appropriate, by posting general notices on our websites; (b) all notices, disclosures, and other communications that we send you electronically satisfy any legal requirement that such communications be in writing; and (c) any notices are deemed to be given and received on the date we transmit any electronic communication as described above.
All communications, comments, feedback, bug reports, suggestions, ideas, content, and other submissions submitted to Consilient through the Sites (collectively, “Submissions”) shall be and remain Consilient’ property with all worldwide rights, titles and interests in all copyrights and other intellectual property in such Submissions hereby being assigned to Consilient by you. All Submissions, as well as all communications made by you through the Sites, including, without limitation, blog and chat messages shall not (i) be illegal, defamatory, trade libelous, threatening, invasive of privacy or harassing; (ii) be obscene or contain any pornography; (iii) contain any software viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (iv) infringe upon any third party’s copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy; (v) consist of or contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”; or (vi) otherwise create or result in any liability for Consilient. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions. Consilient reserves the right (but has no obligation) to remove or edit any such Submissions. Consilient has no responsibility and assumes no liability for any Submissions posted on the Sites by you or any third party.
All information, materials, and other content available through the Services (collectively, “Content”) is the sole and exclusive property of Consilient, its affiliates, or its licensors. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, and to access, use, view, and print any Content, solely for your personal and internal business purposes. Except for the limited rights set forth in this Section, you may not download, copy, duplicate, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign to any third party the Services or Content. When using the Services, you must not:
- decompile, decipher, disassemble, translate, modify, reverse engineer or otherwise attempt to access the source code of the Services or Content, except where permitted by law notwithstanding this limitation;
- remove any proprietary notices on the Services or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Services or Content;
- upload to the Services the personal information of others that you are not authorized to provide;
- provide any content, data or information to Consilient that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
- use the Services or Content in a way that suggests you are a representative of Consilient;
- use the Services or Content as a platform for external applications, or to develop applications, services, websites, or any other functionalities that leverage the Services or Content;
- infringe or misappropriate the intellectual property, proprietary or privacy rights of any third party;
- interfere with or disrupt the proper functioning of the Services or Content, Consilient or any third party systems used to host the Services, or other equipment or networks used to provide the Services or Content;
- communicate the Content to the public, provide or make available any links, hypertext (Universal Resource Locator (URL) address) or otherwise grant access (other than a “bookmark” from a web browser) to the Services, or any part thereof;
- circumvent the user authentication or security of the Services or any host, network, or account related thereto;
- use any application programming interface to access the Services or Content;
- make any use of the Services or Content that violates any applicable local, state, national, international or foreign law including United States and foreign export regulations and restrictions;
- fail to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution, or other disclosure of the Services or Content;
- allow any individual to use any account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s) and user keys) issued to, or selected by, Consilient for someone other than the individual identified in the account information; or
- cause damage to Consilient’ business, reputation, employees, members, facilities, or to any other person or legal entity.
Any scraping, automated access, or other unauthorized access to, and storage of, Services or Content will result in immediate termination of your access to the Services, Content, and your Account. Consilient enforces a zero-tolerance spam policy regarding information transmitted through our network. Consilient may determine in its sole discretion whether any transmissions are considered spam. Spam includes, but is not limited to, the following:
- Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via the Services, or e-mail that advertises any IP address belonging to Consilient or any URL (domain) that is hosted by Consilient.
- The use of web pages set up on ISPs that allow spamming that directly or indirectly reference customers to domains or IP addresses hosted by Consilient.
- Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
Use of the Services or Content for any purpose other than what is described in this Section is prohibited.
No Warranty; No Liability
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CONSILIENT MAKES NO WARRANTY THAT ACCESS TO THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT VIRUSES OR OTHER HARMFUL COMPONENTS WILL NOT BE TRANSMITTED IN CONNECTION WITH YOUR USE OF THE SITE. CONSILIENT HEREBY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND/OR REGULATION, ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, REGARDING THE SITE AND SERVICES AND ANY RESULTS TO BE OBTAINED FROM THE USE OF THE SITE AND ITS CONTENTS AND THE SERVICES, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING AND/OR USAGE OF TRADE OR THEIR EQUIVALENTS UNDER THE APPLICABLE LAWS AND/OR REGULATIONS OF ANY JURISDICTION. CONSILIENT DOES NOT WARRANT OR GUARANTEE THE ACCURACY, TIMELINESS, SUITABILITY, COMPLETENESS OR AVAILABILITY OF THIS SITE OR SERVICES OR THE INFORMATION OR RESULTS OBTAINED FROM USE OF IT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL CONSILIENT BE LIABLE TO ANYONE FOR ANY DAMAGES ARISING IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE FROM ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS SITE OR THE SERVICES OR FROM ANY ACTION TAKEN OR NOT TAKEN AS A RESULT, REGARDLESS OF WHETHER THEY ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR TRADING LOSSES OR LOST PROFITS, OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PARTY, EVEN IF CONSILIENT KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, CLAIM OR DEMAND.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CONSILIENT (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY OF LIABILITY ARISING OUT OF OR RELATING TO CONSILIENT’S OPERATION OF OR YOUR USE OF THIS SITE OR THE SERVICES EXCEED $100.
Links to Other Websites / Content of Other Provider
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Consilient’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Consilient that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Sites, including the ISBN if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Consilient’s copyright agent’s address for purposes of notices of claims of copyright infringement on the Sites is as follows:
1050 Connecticut Avenue NW
Suite 680, Washington, DC 20036
United States of America
Conflict of terms
Governing Law and Jurisdiction
Use of the Sites shall in all respects be governed by the laws of the State of New York, U.S., without regard to its conflicts of law principles. The parties agree that the courts located in New York County, New York, United States of America, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts and waive any and all objections to such jurisdiction and revenue, including, without limitation, forum non-conveniens.
Please be aware that we have locations in the United States and that the Sites are governed by United States law. If you are using the Sites or accessing the Sites from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located.
Consilient makes no representation that the Sites are appropriate or available for use in locations outside of the United States, and access to the Sites from territories where such Sites is illegal is prohibited. Those who choose to access the Sites from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Sites in violation of United States export laws and regulations.
If you use the Sites or access the Sites outside of the United States, we may transfer, store, and process your information to and in the United States. We will implement safeguards to ensure an appropriate level of data protection for your information. If you use the Sites or access the Sites outside of the United States, you will not access or use the Sites if you are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by the United States; and agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Sites. The Sites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.
Waiver; Entire Agreement
(Latest Update: 28 November 2022).