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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY CONTINUING TO USE THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Welcome to IncFact.com (the "Site"), which is operated by Berkshire Select, Inc. ("Berkshire Select" or "IncFact.com" or "we" or "our"). Subject to and without limiting the terms of or your obligations under any legally binding contract pertaining to the subject matter hereof ("Contract") between IncFact.com and you or between IncFact.com and your employer or a party for whom you perform services ("you and the party to any such Contract being a "Client"), by using this Site you agree to each of the terms of use set forth herein, including any additional terms and conditions applicable to specific areas or content on the Site ("Terms of Use").

We reserve the right to modify these Terms of Use at any time without notice to you. Your continued use of the Site after any such changes constitutes your agreement to follow and be bound by these Terms of Use as modified.

Use of Site and Content and Copyright

You are permitted to access the Site, including the written text, graphics, data, images, illustrations, marks, logos, sound or video clips, photographs and/or other works (singly or collectively, the "Content") solely for your or 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 IncFact.com in writing or expressly permitted in these Terms of Use.

Neither you nor your organization may use any Content or any excerpt from any Content to promote your or your organizations' products or services. External citation to the Content is prohibited without our express written permission and is subject to IncFact.com's Citation Policy as set forth on this Site, except that members of the press may cite to portions of the Content without our prior approval if such citation complies with the terms set forth in the Press Resources section of this Site.

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

You agree to use the Site and the Content in accordance with all applicable laws. You agree not to take any action that would compromise the security of the Site or render the Site inaccessible to others.

Restricted Areas

Access to certain areas of the Site is restricted ("Restricted Areas") to IncFact.com Clients to whom we have issued passwords. You are not authorized to access any password-restricted areas unless you have received a password from IncFact.com (or from your employer if your employer has been authorized by IncFact.com to issue such password). You may not use another person's password to access the Site.

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 Site 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 thereof from Restricted Areas with any other individuals or third parties, except as expressly provided in these Terms of Use or in your Contract. 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.

Subscriptions

Customers with unlimited subscriptions who cancel within three months may be charged the retail price for the specific reports they access.

IncFact.com may cancel subscriptions at any time if it deems a subscriber is misusing the service.

Communication

IncFact.com does not rent or sell our contact list. We send communication through email, and communicate with clients for up to ten years from date of last purchase.

Accuracy of Information

The Content on this Site is based on IncFact.com's reasonable efforts to compile and analyze the best sources reasonably available to IncFact.com at any given time. Any opinions reflect IncFact.com'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 Site or the Content or the User Content is to discontinue using the Site.

WARRANTIES DISCLAIMER

THIS SITE AND THE CONTENT ARE PROVIDED "AS IS," AND IncFact.com 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 (I) RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR ANY PORTION THEREOF THAT IS MADE AVAILABLE ON THE SITE; (II) 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; (III) THAT THE CONTENT SHALL NOT INFRINGE THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY; (IV) THAT THE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.

LIMITATIONS ON LIABILITY

YOU AGREE THAT IncFact.com 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 IncFact.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE FURTHER THAT IncFact.com 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, IncFact.com'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, AND THE TERMS LIMITING IncFact.com'S LIABILITY IN THIS SECTION SHALL IN ANY CASE BE INTERPRETED TO LIMIT IncFact.com'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 IncFact.com, 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 the Commonwealth of Massachusetts without reference to the conflicts of laws provisions therein. 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 Massachusetts.

Links

IncFact.com may provide links to third-party content and other web sites on the Site. 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.

Special thanks to images licensed through Flickr

Arbitration Agreement

You and IncFact.com agree that any dispute, claim or controversy arising out of or relating in any way to the IncFact.com service, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and IncFact.com are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your IncFact.com membership. If you elect to seek arbitration, you must first send to IncFact.com, by certified mail, a written Notice of your claim ("Notice"). If IncFact.com elects to seek arbitration, it will send, by certified mail, a written Notice to the address used for your account. A Notice, whether sent by you or by IncFact.com, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If IncFact.com and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or IncFact.com may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by IncFact.com or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless IncFact.com and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US$2,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$2,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of last written settlement offer made before an arbitrator was selected (or if IncFact.com did not make a settlement offer before an arbitrator was selected), then IncFact.com will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. YOU AND IncFact.com AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and IncFact.com agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.