Terms & Conditions

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

List of Trademarks

Business Banking Audit℠, Digital Business Banking Test Drive℠, Camels™, Customer Relationship Audit®, iTabs™, National Business Banking Study℠, Real-Time Connection™, Strategy Dashboard™, Street Smarts®, StudyCamel™, Themis™, ThemisPro™

Welcome to BarlowResearch.com (the "Site"), which is operated by Barlow Research Associates, Inc. ("BRAI"). Subject to and without limiting the terms of or your obligations under any legally binding contract pertaining to the subject matter hereof ("Contract") between BRAI and you or between BRAI 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").

BRAI reserves 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 BRAI 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 you or your organizations' products or services. External citation to the Content is prohibited without BRAI's express written permission and is subject to BRAI's Citation Policy as set forth on this Site.

The Site and all of the Content are protected by U.S. and/or international copyright laws and conventions, and belong to BRAI, 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.

1. All materials on BRAI's site are copyrighted and may not be used except as provided in these Terms and Conditions without the written permission of BRAI.

2. The user shall use barlowresearch.com for lawful purposes only. The user shall not post or transmit through barlowresearch.com any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without BRAI's express prior approval, contains advertising or any solicitation with respect to products or services.

3. Any personal data (for example, your name, address, telephone number, or email address) you transmit to the site by electronic mail or otherwise, will be used by BRAI in accordance with BRAI's privacy policy. Any other communication or material you transmit to the site, such as questions, comments, suggestions, or the like, will be treated as non-confidential and nonproprietary.

4. Under no circumstances, including, but not limited to, negligence, shall BRAI be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, BRAI materials, products, or services, third-party materials, products or services made available through BRAI or any part of BRAI's services. The user specifically acknowledges and agrees that BRAI is not liable for any defamatory, offensive, or illegal conduct of any user. If user is dissatisfied with any BRAI material, products or services or with any of BRAI's Terms and Conditions, the user's sole and exclusive remedy is to discontinue using the BRAI services.

5. Images of people or places displayed on the site are either the property of, or used with permission by, BRAI. The use of these images by the user, or anyone else authorized by the user, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

6. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the site are registered and unregistered Trademarks of BRAI and others. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without the written permission of BRAI or such third party that may own the Trademarks displayed on the site. Your use of the Trademarks displayed on the site, or any other content on the site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that BRAI will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.

7. Some of BRAI's sites contain links to other sites whose information practices may be different from BRAI's. Users should consult the other site's privacy notices, as BRAI makes no warranties regarding the information that is submitted to, or collected by these other sites.

8. Software and other materials from this site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. BRAI does not authorize the downloading or exportation of any software or technical data from this site to any jurisdiction prohibited by the United States Export laws.

Restricted Areas

Access to certain areas of the Site is restricted ("Restricted Areas") to BRAI Clients to whom we have issued passwords. You are not authorized to access any password-restricted areas unless you have received a password from BRAI (or from your employer if your employer has been authorized by BRAI 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.

Interactive Services

Certain areas of the Site contain interactive services, where visitors are permitted to post content for publication on the Site. If you elect to use such interactive services, you are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Site ("User Content").

You may submit User Content so long as the content is not illegal, obscene, threatening, harassing, defamatory, libelous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You should not, however, upload any of the following types of information: (a) information protected under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), or (b) personally identifiable information including (i) drivers license numbers, (ii) passport numbers, (iii) social security, tax identification or similar numbers, or (iv) bank, checking, credit card, debit card, or other financial account numbers. You hereby grant BRAI a nonexclusive, royalty-free, perpetual, irrevocable, fully sublicensable and transferable right to exploit User Content at BRAI's discretion throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to User Content; that User Content is accurate; and that the use of User Content does not violate these Terms of Use and will not cause injury to any person or entity. BRAI takes no responsibility and assumes no liability for any User Content submitted by you or any third party. You may be exposed to User Content that you find offensive, indecent, inaccurate, misleading, or otherwise objectionable, and you bear all risks associated with using that User Content. BRAI reserves the right, but not the obligation, to monitor, edit, or remove any User Content for any reason.

Notwithstanding any language to the contrary in your Contract or any other agreement, by posting any User Content on this Site you expressly represent and warrant to us that any such User Content is not confidential or proprietary to you or Client, and your posting of such User Content does not violate any confidentiality or other obligations to which you are subject.

Links

BRAI may provide links to third-party content and other websites 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.

WARRANTIES DISCLAIMER

THIS SITE AND THE CONTENT ARE PROVIDED "AS IS," AND BRAI 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 BRAI 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 BRAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE FURTHER THAT BRAI 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, BRAI'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, AND THE TERMS LIMITING BRAI'S LIABILITY IN THIS SECTION SHALL IN ANY CASE BE INTERPRETED TO LIMIT BRAI'S LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.


Last Updated: 5/26/2016

 

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Barlow Research Associates, INC.

917 Lilac Drive North

Minneapolis, MN 55422

Tel: 763-253-1800 Fax: 763-253-1879