Jonathan Poland (“JP”) provides the content on this Web site (the “Site”) subject to the following terms and conditions (the “Terms”). JP may periodically change the Terms without notice to you, so please check back from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the Site shall be subject to these Terms. By accessing and using this Site, you agree to these Terms.
1. Description of Service
This Site provides a variety of information and resources for users to find, facilitate, and engage in business consulting and business development (the “Services”). The Site does not provide medical, investment or legal advice, and no attorney-client relationship is created between users of the Services and JP or its licensors. Past performance is not an indicator of future results. JP’s research is published and distributed in accordance with applicable United States and foreign copyright and other laws. Without the prior written consent of JP, no person or entity, directly or indirectly, may copy, reproduce, recompile, decompile, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any way exploit all or any part of JP’s website, its newsletter, or any other material belonging to JP. All sales are final and services are not transferable.
2. Content Disclaimer
Some of the content on this Site, including without limitation, the text, software, scripts, graphics, videos and the like (“Site Content”) is created and developed by our Partners and Suppliers (“Suppliers”) and provided to JP with permission for dissemination over the internet. JP cannot guarantee and makes no representations as to the accuracy or quality of Supplier Content, all of which is offered “as is.” JP does not own, develop, endorse, and is not responsible for Supplier Content. The use of a company or entity name in biographical or business information should not be construed as an express or implied endorsement by such company or JP or an express or implied endorsement by JP of such company or entity. Partners and Suppliers have agreed to be bound by the Terms and Conditions and have represented, among other things, which they will not disclose information that is subject to a confidentiality obligation or participate in the projects that violate any agreements or duties owed to employers or other third parties. JP relies on the accuracy of these representations and does not necessarily seek independent verification.
3. Confidentiality Agreement
Members agree to and are bound by the Non-Disclosure provision of the Terms and Conditions and agree not to disclose or attempt to use or personally benefit from any Confidential Information, as defined below. This obligation shall continue until such time as the Confidential Information has become publicly known through no action of your own. Confidential Information shall include: (i) the existence, title and description of any JP project; (ii) information about actual or potential business, investment or trading decisions or transactions of any JP Member; (iii) any other confidential information of JP or its Members, and (iv) any intellectual property, including without limitation any trade secrets, know-how, or copyrighted information, of JP or its Members. If you are compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any Confidential Information, you agree to promptly and diligently notify JP and cooperate fully with JP in protecting such information to the extent possible under applicable law.
4. Intellectual Property Rights
Site Content and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to JP, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Site Content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of the respective owners.
5. To Report A Concern About Content On The Site
If you believe that any content on the Site is in any way unlawful, defamatory, threatening, deceptive, misleading, subject to a confidentiality obligation, or constitutes material, non-public information, notify the Legal Department at Legal Department, Metaponte LLC C/O Jonathan Poland, 700 Pennsylvania Avenue SE, Washington, DC 20003; email:firstname.lastname@example.org.
6. Copyright Policy
JP prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to JP at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. JP will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
8. Disclaimer of Warranties
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT JP IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. JP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT OR THAT THE FUNCTIONALITY ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL JP OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF JP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
As a condition of your use of this Site, you agree to indemnify, defend and hold JP, our officers, directors, employees, agents and representatives harmless from and against all claims, damages, losses, costs (including reasonable attorneys fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the Terms; (b) your use of the Site; or (c) your violation of the rights of any third party.
10. Third-Party Web Sites
11. General Terms
Governing Law; Jurisdiction: These Terms are governed by the laws of the District of Columbia without reference to the principles of conflicts of laws thereof. You agree to submit to the personal and exclusive jurisdiction of the courts located within the District of Columbia with respect to all disputes arising out of or related to these Terms. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Complete Agreement: These Terms sets forth the entire understanding between you and JP and supersedes all prior version of the Terms. In addition, you may also be subject to additional terms and conditions when you use or access other JP or JP affiliate services or content.
Severability: If any provision of these Terms is declared void, or otherwise unenforceable, such provision shall be deemed to have been severed from these Terms which shall otherwise remain in full force and effect.