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Agreement Between You and The Laboratory Institute of Merchandising (“����ý”)

The ����ý website is made up of various website and Web pages operated by ����ý, 545 Fifth Avenue, New York, NY 10017. This Terms of Use applies to the ����ý website and does not apply to the content of third parties.

The ����ý website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ����ý website(s)/Service(s) constitutes your agreement to all such terms, conditions, and notices. By using any part of the ����ý website(s)/Service(s), you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the ����ý website(s)/Service(s).

Changes to & Termination of Services

����ý shall have the right at any time to change or discontinue, temporarily or permanently, any aspect or feature of a ����ý website(s)/Service(s), including, but not limited to, content, hours of availability, and equipment needed for access or use. Each user's use of particular services may be subject to specific guidelines or rules ("Service-specific Rules") posted from time to time and incorporated by this reference into the Terms of Use.

Equipment

Subscriber shall be responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of the ����ý website(s)/Service(s) and all charges related thereto. To use the services, each user must independently obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any and all service fees or equipment costs associated with such access.

Privacy and Protection of Personal Information

See the Privacy Policy for disclosures relating to the collection and use of your personal information.

Accounts, Passwords and Security

Certain areas of the ����ý website require you to open an account with ����ý or to use your ����ý ID and password.

Should you be required to open an account with ����ý, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will choose a password and a user name.

When you use any account for access to The ����ý website(s)/Service(s), you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ����ý immediately of any unauthorized use of your account or any other breach of security. ����ý will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by ����ý or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You must exit from your account at the end of each session.

Modification of These Terms of Use

����ý reserves the right to change the terms, conditions, and notices under which the ����ý website is offered or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the ����ý website(s). You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular website. Your continued use of the ����ý website constitutes your agreement to all such terms, conditions, and notices.

Personal and Non-Commercial Use Limitation

The ����ý website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the ����ý website. Without the advance express written permission of ����ý, you may not 'meta-search' the ����ý website(s)/Service(s), send, or cause to be sent, any automated queries of any sort to the ����ý website(s)/Service(s)s, or use the ����ý website(s)/Service(s)s in any commercial manner. You agree not to sell, resell or offer for any commercial purposes, any portion of the site(s)/service(s), use of the site(s)/service(s) or access to the site(s)/service(s).

Links to Third Party Sites

The ����ý website(s)/Service(s)s may contain images of and links to third party website ("Linked Sites"). The Linked Sites are not under the control of ����ý, and ����ý is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ����ý is not responsible for Web casting or any other form of transmission received from any Linked Site nor is ����ý responsible if the Linked Site is not working appropriately. ����ý is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ����ý of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

No Unlawful or Prohibited Use

As a condition of your use of the ����ý website(s)/Service(s), you will not use the ����ý website(s)/Service(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ����ý website(s)/Service(s) in any manner that could damage, disable, overburden, or impair any ����ý website(s)/Service(s) (or the network(s) connected to any ����ý website(s)/Service(s)) or interfere with any other party's use and enjoyment of any ����ý website(s)/Service(s). You may not attempt to gain unauthorized access to any ����ý website(s)/Service(s), other accounts, computer systems or networks connected to any ����ý website(s)/Service(s), through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the ����ý website(s)/Service(s).

Use of Services

The ����ý website(s)/Service(s)(s) may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal Web pages, calendars, photo displays and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services").

You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, 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:

• Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
• Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes;
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same;
• Use any material or information, including images or photographs, which is made available through the ����ý website(s)/Service(s)(s) in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
• Use of meta tag searches on the website;
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
• Download any file posted by another user of a Communication Service that know, or reasonably should know, cannot be legally distributed in such manner;
• 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;
• Restrict or inhibit any other user from using and enjoying the Communication Services;
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
• Harvest or otherwise collect information about others, including e-mail addresses;
• Violate any applicable laws or regulations;
• Create a false identity for the purpose of misleading others; or Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an ����ý website(s)/Service(s)(s) or other user or usage information or any portion thereof.

����ý has no obligation to monitor the Communication Services. However, ����ý reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ����ý reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

����ý reserves the right at all times to disclose any information as ����ý deems 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, at the sole discretion of ����ý.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. ����ý does not control or endorse the content, messages or information found in any Communication Service and, therefore, ����ý specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Community leaders and hosts are not authorized ����ý spokespersons, and their views do not necessarily reflect those of ����ý.

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 ����ý or Posted Within The ����ý website

����ý does not claim ownership of the materials you provide to ����ý (including feedback and suggestions) or post, upload, input or submit to any ����ý website(s)/Service(s) or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting ����ý permission to use your Submission in connection with the operation of the ����ý website(s)/Service(s) and ����ý Alumni Publications, including, but not limited to, ����ý Today. This permission includes, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; 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. ����ý is under no obligation to post or use any Submission you may provide and ����ý may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Each user, by using the ����ý website(s)/Service(s), may be exposed to content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

General Practices Regarding Use And Storage

����ý may establish general practices and limits concerning use of the site(s)/service(s). While ����ý will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, ����ý has no any responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by any site(s)/service(s). ����ý reserves the right to mark as "inactive" and archive accounts and/or projects that are inactive for an extended period of time. ����ý reserves the right to change these general practices any time in its sole discretion.

Termination/Access Restriction

����ý reserves the right, in its sole discretion, to terminate your access to any or all ����ý website(s)/Service(s) and the related services or any portion thereof at any time, without notice.

����ý shall have not obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

Copyrights and Copyright Agent

����ý respects the rights of all copyright holders and in this regard, ����ý has adopted and implemented a policy that provides for the termination in appropriate circumstances of account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ����ý's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act please contact:

����ý Information Technology
545 Fifth Avenue
New York, NY 10017

Liability Disclaimer

The information, software, products, and services included in or available through the ����ý website/services may include inaccuracies or typographical errors. Changes are periodically made to the ����ý website/services and to the information therein. ����ý may make improvements and/or changes in the ����ý website/services at any time. Advice received via the ����ý website/services 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.

����ý makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the ����ý website/services for any purpose. All such information, software, products, services and related graphics are provided "As is" and "As available" without warranty of any kind. ����ý hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that ����ý shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through a ����ý website(s)/service(s).

You specifically agree that ����ý is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that ����ý is not responsible for any content sent using and/or included in an ����ý website(s)/service(s) by any third party.

In no event shall ����ý 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 ����ý website/services, with the delay or inability to use the ����ý website/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the ����ý website/services, or otherwise arising out of the use of ����ý website/services, whether based on contract, tort, negligence, strict liability or otherwise, even if ����ý 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 ����ý website/services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the ����ý website/services.

General

This agreement is governed by the laws of the State of New York. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New York, New York, in all disputes arising out of or relating to the use of the ����ý website(s)/Service(s).

You agree to indemnify and hold ����ý, its subsidiaries and directors, officers, employees, and agents harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the ����ý website(s)/Service(s).

����ý reserves the right to disclose any personal information about you or your use of the ����ý website(s)/Service(s), including its contents, without your prior permission if ����ý has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of ����ý; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. ����ý's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ����ý's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ����ý website(s)/Service(s) or information provided to or gathered by ����ý with respect to such use.

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. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ����ý with respect to the ����ý website(s)/Service(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ����ý with respect to the ����ý website(s)/Service(s). A printed version of this agreement and of any notice given in electronic form shall 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.

Copyright and Trademark Notices

All contents of the ����ý website(s)/Service(s) are:
Copyright © 2009
Laboratory Institute of Merchandising
545 Fifth Avenue
New York, NY 10017

All rights reserved.
Copyright © 2009 Laboratory Institute of Merchandising