Consent and Modification. By using or visiting this Site, you signify your assent to these Terms. These Terms apply to all users of the Site. If you do not agree to these Terms then please do not access or otherwise use the Site. We reserve the right, at our discretion, to change these Terms at any time, which change will be effective thirty (30) days following posting the revised Terms on the Site. Your continued use of the Site thirty (30) days following such posting means you will accept those changes.
Ability to Accept Terms. The Site is only intended for individuals aged 18 years or older. If you are under 18 years please do not use the Site.
Website Access. We hereby grant you permission to access and use the Site provided that you comply with these Terms and applicable law and do not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) disrupt servers or networks connected to the Site; (iii) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (iv) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site. We, in our sole discretion, have the right to terminate your access to the Site immediately, with or without cause. We reserve all rights not expressly granted in and to the Site.
Intellectual Property Rights. The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services, (“Content“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by or licensed to Emerset except as otherwise set forth below in connection with the book, “Negotiating with Microsoft®”. Content on the Site is provided to You “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. “Emerset”, the Emerset logo, and other marks are Marks of Emerset. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.
The book “Negotiating with Microsoft®” is an independent publication and is not affiliated with, or has it been authorized, sponsored, or otherwise approved by Microsoft Corporation With the exception of the trademark Clear Licensing®, belonging to Emerset Ltd., all trademarks and service marks mentioned in the book, “Negotiating with Microsoft®” and or in the Site are used solely for the purpose of clarity of the text, and not in a trademark sense. No infringement or dilution of trademarks or service marks is to be implied from the absence of trademark symbols within the text. BizTalk®, Excel®, Expression®, Forefront®, Groove®, InfoPath®, Internet® Explorer®, Lync®, Microsoft®, Microsoft Dynamics®, MSDN®, OneNote®, Outlook®, PowerPoint®, SharePoint®, SQL Azure®, SQL Server®, Visio®, Visual Studio®, Windows®, Windows Intune® and Windows Server® are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.
Disclosure. We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support and/or contact requests; or (v) protect the rights, property or safety of Emerset, our users or the public.
Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, according to our sole judgment, without the requirement of giving any notice prior to or after making such changes. Your use of the Content is made solely at your own risk and responsibility.
Access to the Site. We do not currently require you to provide Personally Identifiable Information in order to have access to general information available on the Site.
Subscription and Contact Information. If you choose to register for a premium service or contact us, you will be required to provide us with certain Personally Identifiable Information such as your name and an email address.
Cookies and Other Tracking Technologies. Some of our Site pages utilize cookies and other tracking technologies. Some cookies and other technologies may serve to recall Personally Identifiable Information previously indicated by a Site user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.
Warranty. The Site is provided on an “as is” and “as available” basis, and without warranties of any kind either express or implied. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply
Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY DAMAGES UNDER THESE TERMS OR IN CONNECTION WITH THE SITE EXCEED THE TOTAL AMOUNT OF SUBCRIPTION FEES, IF ANY, PAID BY YOU FOR USING THE SITE DURING THE SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.
Indemnity. You agree to defend, indemnify and hold harmless us and our affiliates and our respective officers, directors, agents, consultants and employees from any third party claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from (i) your use of the Site; and/or (ii) your breach of these Terms.
Assignment. These Terms, and any rights granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction.
General. We reserve the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and us shall be governed by and construed in accordance with the laws of the State of Israel, without reference to its conflict of laws rules. You and us agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv, Jaffa, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts. This Section 13 and Sections 4 and 8 to 11 (inclusive) shall survive termination of these Terms. These Terms, together with any other legal notices published by us on the Site, shall constitute the entire agreement between you and us concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
No Advice Nothing appearing on Emerset’s website should be construed as providing advice or consulting services to you and Emerset accepts no liability for the consequences of any actions taken on the basis of such information. In the event that you are interested in receiving advice, please contact us at firstname.lastname@example.org
Last updated: September 2016