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information about how Yahoo! uses this information.Definitions.
Unless the context requires otherwise, the following expressions shall have the following meanings in these Terms of Use:
“Content” means all information, data, text, software, computer programs in any form, music, sound recordings, photographs, graphics, video or film works, databases and other copyright compilations comprised in or appearing on the Site or forming part of any materials uploaded, posted (by mail or otherwise), linked to, e-mailed or otherwise transmitted to or via the Site or to West End Companies, LLC or its affiliates or subsidiaries (“West End”).
“Contributor” means any person (other than a User or West End or any of its employees), including without limitation any freelance journalist employed, contracted, or in any way commissioned other than a person invited to take part in any blog, chat room, or online forum who uploads, posts, links to, e-mails or otherwise transmits Content to or via the Site.
“Contributor Content” means any Content created by and/or originating from a Contributor.
“NewsLetter” means the World Trucks Analysis NewsLetter or any additional supplement thereto.
“Services” means those services as available on the Site from time to time.
“Site” means our website, “worldtrucksanalysis.com” and each and all of the Services from time to time available through that website.
“Third Party Sites” means any World Wide Web site provided by parties other than West End whether directly or through frames or hyperlinks.
“User Content” means all Content created by and/or originating from Users.
“User” means any person other than a Contributor who visits the Site and/or uses the Services (or any of them).
Acceptance of terms.
West End (“we” or “us”) grants you access to the Site, subject to your acceptance without modification of the following Terms of Use. By accessing the Site and/or downloading this page, you acknowledge that you have read, understood and agree to be bound by these Terms of Use. If you do not want to be bound by the Terms of Use, you must exit from the Site immediately. Your continued use of the Site shall constitute your agreement to these Terms of Use. We reserve the right to change these Terms of Use from time to time without notice to you. Any amended version of the Terms of Use will take effect when posted on the Site by us. Your continued use of the Site will constitute your acceptance of any changes to the Terms of Use. If you have any questions regarding these Terms of Use, please contact legal@worldtrucksanalysis.com. We reserve the right to bar anyone from using the Site if they have been found to be acting in any way contrary to these Terms of Use or have exposed (or potentially exposed) us to legal liability to a third party. Any person we intend to bar in this way will be notified by e-mail in advance if reasonably possible.
Submissions to the site.
You acknowledge and agree that we have the right to use, edit or reject any Content that you send for any purpose whatsoever, commercial or otherwise, without payment to you - unless you have specifically offered otherwise in writing prior to submission, and such offer has been accepted by us in writing. You agree that we can reproduce, modify, adapt, publish, translate, create derivative works from and distribute such Content or incorporate it in any form, media or technology now known or later developed throughout the world and you irrevocably license us to do so. We assume no responsibility for the return or safety any Content submitted to us. You must have world wide ownership of any and all copyrights, proprietary or intellectual property rights which are applicable to the Content, or full permission from the owner of these rights, for of all Content that you send to us or post on the Site. By sending Content to us or posting it on the Site you automatically warrant and represent to us that you are the owner of any and all of the rights referred to in the first sentence of this section or that you have obtained express permission from the holder of such rights to do so and hereby agree to indemnify us in respect of any breach of the warranty given in this clause. With the exception of material used by us on the Site under license, we own the intellectual property rights throughout the world for all formats known or subsequently discovered or invented in all Content. We reserve and will defend all our rights in the User Content. Your continued use of the Site is your warrant that you will not infringe the intellectual property rights in the Content in any way, including but not limited to your representation and warranty that you will not copy, reproduce, publish, republish, upload, post, distribute, transmit, re-transmit, broadcast, extract, re-utilize or adapt in any way (and then do anything that would then infringe any Content as this may result in civil or criminal prosecution). You may however print or download copies of these webpages for your own personal, strictly non-commercial use.
We rely on the author of each submission to present us with accurate and factual Content. We assume no responsibility for the accuracy of Content provided on the Site, nor for mistakes, errors, or omissions of any kind, nor for any consequence relating directly or indirectly to any actions taken on the basis of any Content displayed on or downloaded from the Site. Under no circumstances shall we be liable for any damages that result from the use of, or the inability to use, the materials in the Site even if we have been advised of the possibility of such damages.
You agree that you 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. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us and/or contained in and forming part of the Site. You acknowledge that when you voluntarily disclose personal information (eg, user name, e-mail address), the information can be collected and used by others and may result in unsolicited messages from other posters and parties. You acknowledge and agree that we may preserve Content and may also disclose User Content or Contributor Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Code; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of us, or users and the public.
Termination.
This agreement is effective until terminated by us.
Opinions expressed on the site.
Any statements and opinions expressed on the Site are those of the author, unless no author is indicated.
Third party sites.
While we may offer links to Third Party Sites, we have no control over the content or appropriateness of the content on such Third Party Sites and you acknowledge and agree that we are not responsible for the availability of such Third Party Sites, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Sites, and will not be a party to, or in any way responsible for, any transaction entered into concerning goods or services available through such Third Party Sites.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever and howsoever arising resulting from your use of or reliance on any Content, or goods or services available on or through any Third Party Sites.
Exclusion of liability.
We do not and cannot give any warranties in respect of the Site, Content, Software or the Services available through the Site (collectively, “Site Services”). To the maximum extent allowed by applicable law, we hereby disclaim all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of satisfactory quality or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, care or of workmanlike effort. Additionally, we make no warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties.
Any material downloaded or otherwise obtained through the use of the Site Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the Site Services shall create any warranty not expressly stated in these Terms of Use to the fullest extent allowed by applicable law, you agree that we will not be liable to you and/or any third party for any consequential or incidental damages (including but not limited to loss of profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, care, or of workmanlike effort) or for any other indirect, special, or punitive damages whatsoever and howsoever arising out of or related to the Site Services or to any breach of the code by us, even if we have been advised of the possibility of such damages and even in the event of fault, tort, including (including negligence) or strict liability. You agree that your only recovery for any damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur in reasonable reliance on the applicable Site Service up to a limit of the following, at our election: (1) a refund of the amount you paid (if any) in total during the month in which the damage is first incurred, less any reasonable allowance for complying services, or (2) correction or replacement of the Site Services.
Data protection.
We will use the information you provide us for administering your account and for marketing purposes including market research and analysis. We may analyze your data and send you information by email, or by direct mail or contact you by telephone about other products or services offered by us, in which you may be interested. If you do not want us to contact you with information about our other products or services, please email us on legal@worldtrucksanalysis.com or call us at 1.214.952.6188. We may sell or pass your information onto other carefully selected organizations. If you do not want us to pass your information on to those organizations, then please email us at legal@worldtrucksanalysis.com or call us at 1.214.952.6188. Our policy provides that you have the right to apply for a copy of the information we hold on you and to correct any inaccuracies to such information. You also have the right to request that we delete any data we have regarding you, but such deletion may result in discontinuance of any subscriptions you have to the Services.
By visiting this site you agree to these uses of your personal information. If you do not agree please exit this website now.
Research Inquiry or NewsLetter User Terms.
These Terms apply to each individual research inquiry with West End. By submitting an inquiry, requesting consultation, or commissioning research or reporting, you accept these Terms on behalf of you, your company or other business entity for whom you are acting as an agent, express or implied (referred to in these Terms as “you” and “your”) on the terms that appear below. If you have any questions, contact legal@worldtrucksanalysis.com.
1. Introduction.
These Terms are your agreement with West End Companies, LLC, which may supply information or services in response to your research inquires, which are subsumed in the definition of “Services” above.
For research inquiries, once you have submitted an order for research or for the NewsLetter, you will be contacted by West End to i) provide a written cost estimate, valid for time specified in such offer for services, and/or to confirm that the service can be provided to you. Upon confirmation of the order by you, and proffer of payment to West End, an agreement is formed between you and West End. No agreement under this section is formed until payment is proffered. All communications between us, including cost details and the supply of information, shall be made in writing by email, post, fax, or otherwise via the Site. West End reserves the right to add to or change these Terms in respect to any future inquiry for Services on its Site. You will be deemed to have accepted any change if you make an inquiry after such notice has been given.
For NewsLetter subscriptions, once you have submitted a subscription request for the NewsLetter and West End has received your subscription payment, you will be contacted by West End to describe available downloads for the NewsLetter. If you submit a subscription request that does not proffer payment (such as a request for invoice), you will contacted by West End to provide documentation for you. However, your subscription will not begin until payment is received by West End for the desired subscription. No agreement under this section is formed until payment is received by West End. All communications between us, including cost details and the supply of information, shall be made in writing by email, post, fax, or otherwise via the Site. West End reserves the right to add to or change these Terms in respect to any NewsLetter subscriptions. You will be deemed to have accepted any change if you make an inquiry after such notice has been given.
2. Your Use of the Service.
The copyright and database right in all information provided to you through the Services (the “Information”) belongs to West End and/or its third party licensors and no such rights shall be transferred to you. You will not remove any copyright notice from any Information. You shall use the Service strictly for your internal research purposes. You may not sell, redistribute or otherwise make the Service or the Information available in any manner on any media to any third party unless the prior written consent of West End has been obtained in writing. You may on an occasional basis include small amounts of Information in research reports or written advice provided that you do not separately charge (directly or indirectly) for that content. West End reserves the right at any time in its absolute discretion to revise or amend the Service including in particular the source of information used to provide the Service. You acknowledge and agree that the name “World Trucks Analysis” is the property of West End, and, except as set out in this Agreement, you may not use without prior written permission from West End.
3. No Warranties, Exclusion Of Damages, Limitation Of Liability And Exclusive Remedy.
The Information is only for your general information and use and is not intended to address your particular requirements. In particular, the Information does not constitute any form of advice, recommendation or arrangement by West End and is not intended to be relied upon by you in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. West End WILL USE REASONABLE SKILL AND CARE IN PROVIDING THE INFORMATION IN RESPONSE TO YOUR INQUIRY. WEST END DOES NOT OTHERWISE GIVE ANY WARRANTIES IN RESPECT OF THE SERVICE OR INFORMATION. IN PARTICULAR, THE SERVICE IS PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, WEST END HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, LACK OR NEGLIGENCE OR OF WORKMANLIKE EFFORT. ADDITIONALLY, WEST END MAKES NO WARRANTY THAT THE SERVICE IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. NO INCIDENTAL OR CONSEQUENTIAL DAMAGES: TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT WEST END WILL NOT BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR FOR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SERVICES OR THE INFORMATION OR TO ANY BREACH OF THE TERMS BY WEST END, EVEN IF WEST END HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY. YOU AGREE THAT IN THE EVENT OF ANY CLAIM BEING MADE AGAINST YOU ARISING WHETHER IN WHOLE OR IN PART OUT OF THE USE OF THE SERVICE OR THE INFORMATION, YOU WILL NOT SEEK FROM WEST END AND/OR ITS THIRD PARTY LICENSORS IN RESPECT OF ANY SUCH CLAIM ANY INDEMNITY OR CONTRIBUTION WHATSOEVER.
4. Charges.
Except as set out in clause 1 of this Section, all payments (including any applicable taxes) must be made by credit card in the currency agreed with West End. You must provide your credit card details at West End’s request prior to commencement of the Service, or provide payment by other means as set forth above. If West End (or its designated agent) does not receive payment authorization from your credit card clearing service, West End may immediately suspend the Service. All charges in respect of the Service shall be as agreed in accordance with rates posted on the Site, subject to any amendments agreed between us. All charges and charge rates expressed are inclusive of Texas sales taxes that are or may be applicable.
5. Termination.
If you wish to terminate the Service in respect of any particular inquiry, you shall notify West End in writing by email, post or fax. Upon such notice, West End shall not, from receipt of such notice during its normal business hours, carry out any further work in respect of the inquiry. In such event, you will be charged only for the work carried out prior to the receipt of such notice. West End may withdraw the Service at any time for any conduct by you that West End reasonably believes is a breach of these Terms or such terms contained in any separate agreement between you and West End. Such withdrawal shall be without prejudice to any other rights of West End with respect to such breach.
If you wish to terminate the Service in respect to a NewsLetter subscription, you shall notify West End in writing by email, post or fax. Upon receipt of such notice, West End shall refund to you such remainder of the subscription as is available by fiscal quarters. For example, if you terminate your subscription during the second fiscal quarter of the year, you will receive a refund for the remainder of the calendar year after the end of the second fiscal quarter. Such refund shall be by refund to whatever payment method you utilized during your order of said subscription.
6. General.
West End shall keep confidential and shall not disclose to any third party the fact that you have made an inquiry concerning any matter nor the nature of any such inquiry. It may be necessary during the inquiry to indicate that an inquiry has been made, but your identity shall remain confidential. Except as expressly agreed, these Terms shall constitute the entire agreement between us with respect to the Service and shall supersede any and all representations or other statements whether written oral made by or on behalf of one party to the other. Neither party shall be liable for any delay or failure to perform its obligations caused by any industrial dispute or other circumstances beyond its reasonable control. You shall not assign or otherwise transfer your rights or obligations under these Terms without the prior written consent of West End. No variation of these Terms shall have effect unless evidenced in writing by West End. Any waiver of any provision contained in these Terms shall not be binding unless in writing signed by West End. If any provision of these Terms is held to be illegal or unenforceable the validity of the remainder shall not be affected. The parties shall use their respective best endeavors to agree a provision to replace the illegal or unenforceable provision that as far as possible achieves the original intention.
7. Law and Jurisdiction.
These Terms shall be governed by, and construed in accordance with, the laws of the State of Texas, United States of America without regard for any conflicts of law. The parties irrevocably agree that exclusive jurisdiction for any dispute that may arise out of, under, or in connection with these Terms, the Services, or the legal relationship established by them shall lie in the courts of the State of Texas, United States of America, and all parties to these Terms agree irrevocably to submit all disputes to the jurisdiction of these courts. You agree that any dispute raised in any other forum shall be immediately dismissed for want of jurisdiction, and that you are responsible for any fees or costs incurred by West End to bring about such dismissal. For the exclusive benefit of West End, West End retains the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.