These Terms of Use apply both to TheVirtualCircle.com and TheBloorGroup.com web sites.

Please read these terms of use carefully, especially if you intend to register with The Virtual Circle and do more than simply browse the opinion pieces and articles posted there or on this site. By using the site you agree to be bound by these terms of use and all conditions they include.

Welcome to BloorGroup.com and TheVirtualCircle.com (the “Web Properties”), which are operated by The Bloor Group.

Subject to and without limiting the terms of or your obligations under any legally binding contract pertaining to the subject matter hereof (“Contract”) between The Bloor Group and you, or between The Bloor Group and your employer, or any party for whom you perform services, by using the Web Properties you agree to each of the terms of use set forth below.

The Bloor Group reserves the right to modify these Terms of Use at any time without notice to you. Your continued use of the Web Properties after any such changes constitutes your agreement to follow and be bound by any modifications to the Terms of Use.

Content and Copyright

All contents of TheVirtualCircle.com and TheBloorGroup.com are the copyright of The Bloor Group, LLC. All rights reserved. The Virtual Circle is a trademarks of The Bloor Group, LLC. All other trademarks mentioned on this site are the property of their respective companies. Bloor Group clients may make one attributed copy of slides and other materials on this site. Additional reproduction is strictly prohibited.

The information we employ is based on best available resources. Our opinions reflect the judgment of individual analysts at the time and are subject to change.

Use of Web Properties

You are permitted to access the Web Properties, including the written text, graphics, data, images, illustrations, marks, logos, sound or video clips, photographs and/or other works (the “Content”) solely for your own information purposes or for your organization’s internal information purposes. You agree to maintain all copyright, trademark and other notices on the Content. You may not copy, transmit, reproduce, publicly display, perform, distribute, alter, transmit or create derivative works of any Content or any portion of or excerpts from the Content in any fashion that is not authorized by The Bloor Group in writing or expressly permitted in these Terms of Use.

Neither you nor your organization may use any Content or any part of any Content to promote your or your organizations’ products or services. External citation to the Content is prohibited without The Bloor Group’s express written permission and is subject to The Bloor Group’s Citation Policy as set forth on these Web Properties.

The only except to this is that members of the press may cite portions of the Content without The Bloor Group’s prior approval if such citation complies with the terms set forth in the Press Resources section of these Web Properties.

The Web Properties and all of the Content are protected by U.S. and international copyright laws and conventions, and belong to The Bloor Group, its licensors or third parties. No right, title or interest in any Content is transferred to you.

You agree not to take any action that would compromise the security of the Web Properties or render the Web Properties inaccessible to others.

Restricted Areas and Password Management

Access to certain areas of the Web Properties is restricted (“Restricted Areas”) to The Bloor Group Clients to whom we have issued specific passwords and rights of access. You are not authorized to access any password-restricted areas unless you have been granted rioght of access and received a password from The Bloor Group (or from your employer if your employer has been authorized by The Bloor Group to issue such a password).

You may not use another person’s password to access the Web Properties.

If you are a Client, you are responsible for keeping your password confidential. You agree not to share your password with any other individuals or to otherwise allow any other individuals to access the Web Properties or the Content through your account. You further agree not to reproduce, publicly display, perform, distribute, alter, transmit, create derivative works from or otherwise share any Content or portions or excerpts from Restricted Areas with any other individuals or organizations, except as expressly provided in these Terms of Use or in your Contract of Use. You take full responsibility for any activity that occurs through the use of your account and you agree to notify us immediately if you become aware that any other individual has accessed your account or has obtained your password.

Interactive Services – User Content

Certain areas of the Web Properties contain interactive services, where visitors are permitted to post content for publication on the Web Properties. If you elect to use such interactive services, you are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Web Properties (“User Content”).

You may submit User Content so long as the content is not illegal, obscene, threatening, harassing, defamatory, libelous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You should not, however, upload any of the following types of information:

• Information protected under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
• Personally identifiable information including (i) drivers license numbers, (ii) passport numbers, (iii) social security, tax identification or similar numbers, or (iv) bank, checking, credit card, debit card, or other financial account numbers.

You hereby grant The Bloor Group a nonexclusive, royalty-free, perpetual, irrevocable, fully sub-licensable and transferable right to exploit User Content at The Bloor Group’s discretion throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to User Content; that User Content is accurate; and that the use of User Content does not violate these Terms of Use and will not cause injury to any person or entity.

The Bloor Group takes no responsibility and assumes no liability for any User Content submitted by you or any third party. You may be exposed to User Content that you find offensive, indecent, inaccurate, misleading, or otherwise objectionable, and you bear all risks associated with using that User Content. The Bloor Group reserves the right, but not the obligation, to monitor, edit, or remove any User Content for any reason.

Notwithstanding any language to the contrary in your Contract or any other agreement, by posting any User Content on this Web Properties you expressly represent and warrant to us that any such User Content is not confidential or proprietary to you or your employer or client, and your posting of such User Content does not violate any confidentiality or other obligations to which you are subject.

Accuracy of Information

The Content on this Web Properties is based on The Bloor Group’s reasonable efforts to compile and analyze the best sources reasonably available to The Bloor Group at any given time. Any opinions reflect The Bloor Group’s judgment at the time and are subject to change. You assume sole responsibility for the selection of the Content to achieve any of your intended results, and your sole and exclusive remedy for any alleged loss or damage suffered by you in connection with your use of the Web Properties or the Content or the User Content is to discontinue using the Web Properties.

WARRANTIES DISCLAIMER

This site and the content are provided “as is,” and the Bloor Group does not make any warranties, express or implied, with respect to the site or the content, including, without limitation, those of merchantability or fitness for a particular purpose. To the maximum extent permitted by law, we further disclaim all warranties

• Relating to the accuracy, reliability, correctness, or completeness of the content or any portion thereof that is made available on the site;
• That the content provided through the site will be free from errors, omissions, defects, or delays in operation, or from technical inaccuracies or other errors;
• That the content shall not infringe the intellectual property or proprietary rights of any third party;
• That the content will be free of viruses or other harmful components;
• That the site will be available at any particular time or location.

LIMITATIONS ON LIABILITY

You agree that The Bloor Group shall not be liable under any circumstances or under any theory of law for any direct, indirect, special, consequential or incidental damages, including without limitation, damages for lost profits, business failure or loss, arising out of your use of the site, the content or user content, whether or not The Bloor Group has been advised of the possibility of such damages.

You agree further that The Bloor Group shall not be liable for any damages incurred by you arising as a result of reliance upon the content, user content or the site or any claim attributable to errors, omissions or other inaccuracies in the content or the site or interpretations thereof.

In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, The Bloor Group’s liability in such jurisdictions shall be limited to the extent permitted by law, and the terms limiting The Bloor Group’s liability in this section shall in any case be interpreted to limit The Bloor Group’s liability to the greatest extent permitted by law.

Indemnification

You understand and agree that you are responsible for your use of the Site. You agree to indemnify, defend and hold harmless The Bloor Group, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any applicable third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Content, the User Content or any violation by you of these Terms of Use.

Governing Law

These Terms of Use, and their validity, construction and effect, shall be governed by and enforced in accordance with the internal laws of Texas. You specifically and irrevocably consent for any claims or disputes arising out of your use of the Site or these Terms of Use to the jurisdiction of, and venue in, the federal or state courts sitting in Texas.

Links

The Bloor Group may provide links to third-party content and other web sites. We do not endorse, sponsor, or accept any responsibility for such material. We are not responsible for the content or privacy practices of any linked sites.