Limited permission to copy

Unless otherwise stated, the copyright and similar rights in all material published on this site (the "Site") are owned by the JOC or its licensors. Save as otherwise expressly permitted in any agreement with JoC, you are permitted to print or download extracts from this material for your personal use only for research purposes. You are not permitted to allow any other person to use or share your user name or password, or to allow an unauthorised user to have access to any content of the Site. Any breach or suspected breach of this restriction will result in immediate termination of your access to the Site. None of this material may be used for any commercial or public use. No part of any material appearing on the Site may be reproduced or stored in or transmitted to any other web site. No material appearing on the Site may be disseminated in any form, either electronic or non-electronic, nor included in any retrieval system or service without the prior written permission of the JOC and the payment of a specified fee. All requests for permission should be sent in writing to Leonard Corallo, Executive Vice President, 33 Washington St., Newark, NJ 07102.

Protected rights

The names and logos "Journal of Commerce", "JoC" and "PIERS" are registered trade marks. You are not permitted to use or reproduce or allow anyone to use or reproduce these trade marks for any reason. Any software supplied in conjunction with the Site is proprietary software and you are not permitted to use it except as expressly allowed under any terms of use. Such software may not be copied, reverse engineered, modified or otherwise dealt with by the Client.

TERMS OF ACCESS TO PIERS WEBSITE AND PIERS PRODUCTS

Please read through these terms carefully. By registering as a user and/or accessing any material (the “Material”) found in or obtained from the PIERS.com web site (“the Site”) you are deemed to have entered into this Agreement with Journal of Commerce, Inc., trading as PIERS (“PIERS”) and to have agreed to be bound by the terms set out below. If you have entered into a separate user agreement with PIERS governing your access to the Material, the terms of such agreement will prevail in the event of any conflict.

1.Scope of License
1.1 Permitted Uses.
You may display the Material on the screen of a terminal and print one copy of such Material for your personal, non-commercial use. You may also print or download reasonable portions of the Material for use in carrying out your own (or your employer’s) business management and decision-making purposes. You may, on an occasional and irregular basis, provide insubstantial portions of the Material to your employees or (as the case may be) other employees of your employer or in memoranda, reports and presentations provided that these insubstantial portions are only made available in print or by secure electronic means to a limited number of individuals. You must include copyright notices from PIERS and its suppliers and original source attribution whenever providing any portion of the Material to any other person.
1.2 Prohibited Uses.
This license is for single user only. You may not, directly or indirectly, allow any other person to use or share your user name or password, or to have access to the Material. Any breach of this restriction may result in immediate termination of your access to the Material and/or liability for damages. Except as expressly permitted in Section 1.1 above, you may not (i) reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, local area or wide area network or regularly or systematically store in electronic or print form, all or any part of the Material or (ii) modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Material (including use as part of any library, archive or similar service) without the prior written consent of PIERS. Any use of the Licensed Information not specifically permitted by this Section 1 is expressly prohibited. Requests for permission for other uses may be sent to Leonard J. Corallo, Executive Vice President, PIERS Division, Journal of Commerce, Inc., 33 Washington St., 13th floor, Newark, NJ 07102 or by email to lcorallo@piers.com, and may be subject to a fee.
2.Intellectual Property Protection
The contents, compilation and design of the Material and the Site, and all materials distributed in conjunction therewith, including documentation, are copyright of PIERS and its suppliers. All rights are reserved. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as “PIERS” and “JOC”) or other trade names appearing on the Site or in the Material for any reason without express permission from PIERS. Any software which operates the Site or is supplied with the Material is proprietary software and you may not use it except as expressly allowed under the terms of this Agreement. You may not copy, reverse engineer, modify or otherwise deal with the software.
3.License Fee and Payment
3.1 All payments (including applicable taxes) must be made in advance in US Dollars. You are responsible for the payment of all charges associated with the use of the Site using your ID.
3.2 If your use of the Site is terminated by PIERS, you will be entitled to receive a refund of any charges or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of this Agreement. You will still be responsible for any fees or other charges incurred by you until the termination of your rights to use the Site.
4.Term and Termination
4.1 PIERS may, in its discretion, terminate or suspend your access to all or part of the Site with or without cause by delivering notice to you.
4.2 PIERS may without notice to you, in its discretion, terminate this Agreement and your access to the Site and the Material for any conduct or use in breach of this Agreement.
4.3 The rights of termination are in addition to all other rights or remedies of the parties provided in this Agreement or by law. In the event this Agreement is terminated, your right to access and use the Material will cease immediately.
5.Changes to these Terms
PIERS may, in its discretion, make changes to any part of the Site. PIERS may also change the terms of this Agreement (including those relating to your use of the Material). When terms are changed, PIERS will notify you by email or by publishing details of those changes on the Site. If you use the Site after PIERS has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published at the end of this Agreement or after you receive notice of them.
6.No Warranty, Disclaimer of Liability and Indemnity
6.1 Whilst every effort has been made to ensure the high quality and accuracy of the Material, PIERS makes no warranty, express or implied concerning the Material and the Site, and expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will PIERS or its affiliates be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Material or the Site, even if PIERS has been advised of the possibility that such damages may arise. PIERS does not guarantee the accuracy, content, or timeliness of the Material or that the Site or related systems are year 2000 compliant.
6.2 Because some jurisdictions do not allow certain exclusions or limitations of liability for damages, the above limitations or exclusions may not apply to you. However, in no event will any liability of PIERS, its affiliates, agents and licensors arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with this Agreement, the Site or the Material exceed the amount paid by you to PIERS under this Agreement in respect of the Material to which the claim relates.
6.3 Upon PIERS’ request, you agree to defend, indemnify and hold harmless PIERS from any claims and expenses, including reasonable legal fees, related to any breach of this Agreement by you or any breach of this Agreement by your use of the Site or the Material.
7.Passwords and Responsibilities
7.1 You are solely responsible for the confidentiality and use of and access to the Material and the Site using your user name, sign-on password, and I.D. You agree to immediately notify PIERS if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorized use of a sign-on password, I.D., user name, or of the Material or the Site.
7.2 You will provide PIERS with accurate, complete registration information (including in particular your email address) and inform PIERS of any changes to such information.
7.3 For the purpose of confirming your compliance with the terms of this Agreement, PIERS reserves the right to monitor and record activity on the Site, including access to the Material.
8.Force Majeure
PIERS, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Material resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
9.Miscellaneous
9.1 Changes to the Site.
PIERS reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the materials available on the Site at any time and to restrict the use and accessibility of the Site.
9.2 Advertising and other sites.
Parts of the Site may contain advertising. Advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. PIERS will not be responsible for any error, omission or inaccuracy in advertising material. The Site may contain links to other World Wide Web sites. PIERSis not responsible for the contents and availability of these other sites.
9.3 Assignment of Agreement.
This Agreement is personal to you and your rights and obligations under it may not be assigned or otherwise transferred.
9.4 Non-Waiver.
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
9.5 Notices.
Notices to PIERS will be given in writing by letter and will be sent to PIERS' last known place of business in New York (for the attention of the Executive Vice President, PIERS). Notices to you may be given in writing by letter or by email at your address provided by you on registration or such other address you notify to PIERS in writing. Letters will be deemed received on the date of dispatch if sent by fax (or on the following business day, if faxed after the recipient’s normal business hours) or on the expiry of 4 business days from the date of posting if sent by overnight post. Emails sent by PIERS will be deemed received 3 hours from the time they are posted.
9.6 Severability/Survival/Statute of Limitations.
If any provision of this Agreement is invalid or unenforceable, such will not render the entire Agreement unenforceable or invalid but rather the Agreement will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to this Agreement must be filed in a court of competent jurisdiction in New York, New York, U.S. within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
9.7 Headings.
Headings in this Agreement are for convenience only and have no legal meaning or effect.
10.Governing Law
This Agreement shall be governed by the laws of the United States of America and New York State, as if the Agreement were a contract wholly entered into and wholly performed within New York State, without reference to the choice of law provisions thereof. Both parties irrevocably agree to submit to the personal jurisdiction and venue of the federal and state courts presiding in New York, New York, U.S.A.

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