Web Access Agreement
The NeuGroup, its affiliates and contributors provide their content on this web site subject to the following terms and conditions. We may periodically change the terms, so please check back from time to time. By accessing and using this site, you agree to these terms. For an explanation of The NeuGroup’s practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy.
Scope of Agreement: Under this Agreement (“Agreement”), The NeuGroup (“we,” “us”, or “NG”) makes available access to the iTreasurer.com web site containing its information and services related to global treasury and risk management produced by the NeuGroup or contracted third parties distributed via the Internet (the “Service”) to registered subscribers or authorized users (“you”, “your” or “subscriber”). This Agreement does not pertain to sites other than iTreasurer.com. Whenever new products or services become available, your use of them will be under this Agreement unless we notify you otherwise. You must comply with any additional terms which apply to third-party content, software or other services. We may change this Agreement at any time. You can read a current copy of this Agreement any time by returning to this page. If any change is not acceptable, you may terminate your subscription as described below, but using the Service after the effective date means you accept the changes.
Copyrights. All content and functionality on the site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of The NeuGroup or the third parties as indictated on the site and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
Trademarks. The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered trademarks of The NeuGroup or the third parties that have chosen to be included on the site. You agree that you will not refer to or attribute any information to The NeuGroup or its affiliates in any public medium (e.g., press release, web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any trademark of, or imply any endorsement by or relationship with, The NeuGroup or its licensors without express written permission.
Use of Site Content. The NeuGroup hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the site on any single computer solely for your internal, business use, provided that you do not modify site content in any way, that you do not access password protected content without authorization as a subscriber (see terms below) and that you retain all copyright and other proprietary notices displayed on site content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose site content without The NeuGroup’s prior written consent.
User Postings. You acknowledge and agree that The NeuGroup shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the site in postings, survey responses, and otherwise, and you hereby waive any claims against The NeuGroup for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with The NeuGroup’s use and publication of such submissions. You covenant that you shall not post or otherwise publish on the site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. The NeuGroup does not and cannot review all information posted to the site by users and is not responsible for such information. However, The NeuGroup reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
Notices of Infringement and Takedown by The NeuGroup. The NeuGroup 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 The NeuGroup 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. The NeuGroup will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 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. The NeuGroup’s contact for submission of notices under this Section 5 is: Joseph Neu, The NeuGroup, 135 Katonah Avenue, Katonah, NY 10536, Phone: 1-800-535-2884, Fax: 914-992-8809, [email protected].
Disclaimers. THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT THE NEUGROUP 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 AND FITNESS FOR A PARTICULAR PURPOSE. THE NeuGroup AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. THE NEUGROUP SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER THE NEUGROUP NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
Third-Party Web Sites. We may provide links to third-party web sites, and some of the content appearing to be on this site may in fact be supplied by third parties, for example, in instances of framing of third-party web sites or incorporation through framesets of content supplied by third-party servers. The NeuGroup has no responsibility for these third-party web sites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers.
Governing Law; Jurisdiction. These terms are governed by the laws of the State of New York without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the state and federal courts of the County of New York.
Additional Terms for Subscribers:
The Following Sections Apply to Paid Site Subscribers
Subscription Information: Subscribers to our web access service will receive a user name and password assigned by us. NG reserves the right to change the user name and password periodically to restrict access to subscribing individuals and will notify Subscribers of the changes made.
Rates and Billing Practices: Current subscription rates and charges are available by telephone at 914-232-4068 or by viewing the subscription form posted on the site. We may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. We may also impose limits on certain features and services or restrict Subscriber access to parts or all of the Service without notice or liability. We also reserves the right at any time to charge additional fees for access to portions of the Service or the Service as a whole. If at any time we require a fee for portions of the Service that are now part of the print edition subscription fee (e.g., a web access subscription fee), we will give subscribers advance notice of such fees and the opportunity to become subscribers of the Service or portions thereof at the end of their current subscription to the print edition. Subscriber shall pay all fees and charges incurred through Subscriber’s account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by NG or any other vendor or service provider. All fees and charges shall be billed to and paid for by Subscriber. Subscriber shall pay all applicable taxes relating to use of the Service through Subscriber’s account. Subscriber’s right to use the Service is subject to any limits established by NG at its sole discretion. You will be liable for attorneys’ and collection fees if we have to collect unpaid amounts you owe us.
Responsibilities. You may not do or allow anyone else to do anything with the Content which is not specifically permitted in this Agreement. You agree to comply with all notices and requirements accompanying third-party Content. You may not use or allow others to use, your subscription, user name, password or the Service, directly or indirectly. Nor may you or allow others to upload, distribute, transmit, communicate, link to, publish or access any Content or information through, using or otherwise in connection with the Service, that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law. You also may not, nor allow others to use, your subscription, user name, password or the Service, directly or indirectly, to: (a) disrupt, impair or interfere with, alter or modify the Service or any Content; (b) act in a way that affects or reflects negatively on us, the Service, or any other; (c) transmit or communicate any advertising, promotion or solicitation; (d) collect or attempt to collect any information of others, including passwords, account or other information.
Please note that with the exception of site licences agreed to seperately, each authorized individual is assigned a user name that is not to be shared. If you need to change the user name as part of a a subscription, you may contact us. Additional user names and passwords may be obtained at any time at prevailing rates.
Information regarding subscribers. [Please refer also to our privacy policy.] We value our relationship with our subsribers. Accordingly, we do not provide our subscriber lists to third parties unless subscriber opts-in or gives us permission to include them on lists to receive such mailings or joins such mailing lists for these purposes. These lists will be clearly marked as such. You may opt out of these lists at anytime. We do not and cannot accept responsiblity for lists maintained by third parties who may have links on our site. We reserve the right to send electronic mail to any and all Subscribers for the purpose of informing them of changes or additions to the Service, or of any related products and services. We also reserve the right, to disclose certain limited Subscriber information (e.g., Company name, type, titles etc. ) to provide to potential sponsors or advertisers. We may also aggregate information about our subscribers and their use of our Service and make such statistical information available to others in a format that protects their personal information. “Personal information” means any information relating to use of the Service and which specifically identifies you.
We may store and use your personal information for our own internal purposes and we reserve the right to access, monitor and retrieve password-protected information for compliance with this Agreement. We will not disclose your personal information to others unless we are compelled by law. However, we reserve the right to make exceptions, whenever we believe an emergency, illegal activity or some other reasonable basis exists for notifying or providing such information to the appropriate authorities.
Use of “Cookies”: We employ code that utilizes “cookies.” Cookies are used to mark your login session and allow subscribers to access password protected pages on the site. You may not be able to access these pages under certain browser settings that restrict cookies. Similar markers are used during the order process to help prevent duplicate orders.
Limited Liability and Warranty. You are entirely liable for activities conducted by you or anyone else in connection with your subscription and use of the Service. You must keep your user name and password secret and not disclose it to others. You may not allow others to use the Service, your subscription, user name or password. If you do, you: (i) assume all responsibility and liability associated with such use; and (ii) indemnify and hold us harmless for any such use. We do not warrant the accuracy, completeness, currentness or other characteristics of any Content available on or through our Service. We will not be liable for any loss or injury resulting directly or indirectly from our Service, whether or not caused in whole or in part by our negligence or by contingencies beyond our control. Neither we, nor our suppliers, are responsible or liable, directly or indirectly, for any loss or damage caused by use of or reliance on or inability to use or access any of our Services or Content.
YOUR ACCESS TO AND USE OF THIS SERVICE, IS AT YOUR SOLE RISK AND PROVIDED “AS IS,” “AS AVAILABLE.” THE SERVICE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND. NEITHER DOES IT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SERVICE BY ANY USER, INFORMATION PROVIDER OR ANY OTHER PERSON OR ENTITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification. You agree to defend, indemnify and hold us, our employees, agents, officers, directors, agents, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including attorneys’ fees), in connection with or arising from your breach of this Agreement and/or your use of the Service. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any claim or action and then corresponding indemnification obligation will end.
Termination. We or you can terminate your web access subscription at any time. Termination is your sole right and exclusive remedy if you are not satisfied with our Service. You may cancel your subscription for any reason. If you choose to cancel your service for any reason, we will refund the pro-rata amount remaining on your subscription measured in monthly increments. Cancellations after the 15th of the month will be made effective the following month. You can terminate your subscription by notifying us at 914-232-4068, or by sending your cancellation request via electronic mail to [email protected] or by regular mail to The NeuGroup, 135 Katonah Avenue, Katonah, NY 10536, Attention: Web Access Subscription Cancellation. Termination will take effect no later than 30 days after we receive your notice. If your subscription term has ended, you will not be entitled to any refund or credit. Any delinquent or unpaid amounts must be paid in full before you may re-register or re-subscribe to our Service.
We can terminate this Agreement, restrict or terminate your access to and use of the Service immediately and without notice or liability, if you breach this Agreement in any way, and it will not limit any other rights available to us. If your right to use the Service terminates, you may not use the Service without our express permission. You may not allow anyone else whose subscription was terminated to use the Service through your subscription, user name or password.
Governing Law and Interpretation. This Subscriber Agreement has been made in and shall be construed and enforced in accordance with New York law. Any action to enforce this agreement shall be brought in the federal or state courts located in New York City. If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. This Agreement may not be modified, except in writing signed by an authorized officer of the NeuGroup, Inc. No failure or delay in enforcing any term, exercising any option or requiring performance, shall be a waiver of that or any other right.