1. General Information and Agreement.
The RAND New York Subscription-Based Service (RAND New York) is provided by RAND. By signing the RAND New York order form, you agree to the terms and conditions of this Agreement, which includes the license to use RAND New York and a disclaimer of warranty. Further, you agree to use RAND New York in a manner consistent with this Agreement and with any and all applicable laws and regulations.
2. License to Use RAND New York.
Subject to the terms and conditions of this Agreement, the subscriber(s) will have a nonexclusive, nontransferable, nonassignable license to use RAND New York. The use of any software or documentation related thereto are licensed, not sold, to the subscriber(s) for use only under the terms of the license contained therein, and RAND reserves any rights not expressly granted. A license to one individual subscriber is personal to that subscriber. A license to more than one subscriber is a site license for the number of paid subscribers for that site.
3. Proprietary Rights of RAND.
All right, title and interest in RAND New York and the materials included therewith belong to RAND, except to the extent that third parties whose materials are made available via RAND New York possess copyright or other proprietary interests in such materials. You will not, by virtue of this Agreement, acquire any proprietary interest in RAND New York or any materials included therewith or accessed thereby. If you reproduce or distribute any content from RAND New York, you must identify RAND New York as the source.
4. Limitations on Use.
You agree not to modify, adapt, translate, rent, lease, loan, sell for profit, or create derivative works based upon RAND State Statistics without the written consent of RAND. You are solely responsible for your content. You are allowed to use the data, graphs or other materials found at RAND State Statistics provided that RAND State Statistics is attributed as the place of publication with the correct citation details given and that you do not go against any of the other terms and conditions set out in this, paragraph 4.
RAND acts as a passive provider and/or conduit for your distribution and publication of your information. However, RAND reserves the right to take any actions that RAND deems necessary or desirable, including without limitation immediately terminating your access rights to RAND New York, if RAND believes that your content or materials or use of RAND New York, either alone or in connection with the products or services of others, exceeds any of the limitations in this paragraph 4. Such actions include but are not limited to terminating your service.
You are solely responsible for the material you distribute or voluntarily receive while using RAND New York. Any materials you distribute to or voluntarily receive from others through your RAND New York account (a) shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene or contain child pornography or, if otherwise pornographic or indecent, shall be distributed only to people legally permitted to receive such files; (e) shall not violate any laws regarding unfair competition, antidiscrimination or false advertising, (f) shall not impersonate another person with fraudulent or malicious intent, and (g) shall not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You may not distribute or allow anyone else to distribute unsolicited commercial e-mail (spam) through your RAND New York account, or take any other action that imposes an unreasonable or disproportionately large load on our infrastructure, or engage in (Ponzi) or pyramid schemes.
5. Limitations on Number of Users and Account Usage.
The number of subscribers to your account is limited to the number specified on the RAND New York Order Form or otherwise agreed to by RAND. You may not transfer your RAND New York accounts to anyone and you may not share them with anyone not included in the site license. You may not disclose your password to third parties.
Privacy issues are important to RAND. We instruct our employees to keep your information private. For purposes of providing quality service, informing you about new products or services, inquiring about your account status, or conducting business surveys or contests, we may collect and store information about our relationship with you. We will not sell, rent, or furnish your name or specific information regarding you to any third party, except as required by law. We may provide advertisers or others with aggregate information about our subscribers and business, and we may list you as a subscriber in our marketing efforts. For further information about data we collect and store, please see the privacy notice, which we incorporate here by reference, that is posted on our web site and that may be revised from time to time.
7. Service, Remedy, and Limitation on Remedy.
In the event that RAND New York service is interrupted or you experience some other difficulty with your service attributable to RAND New York, you may call the phone number printed on the applicable RAND New York documentation or available on our web site. RAND shall endeavor to correct problems attributable in its judgment to RAND New York as soon as reasonably possible. The foregoing sets forth your sole and exclusive remedy.
8. Disclaimer of Warranty.
RAND New York is made available on an as is basis without warranties of any kind. RAND hereby expressly disclaims any warranties of any kind, whether express or implied, including without limitation the warranties of non-infringement, merchantability, and fitness for a particular purpose.
RAND offers no warranties, express or implied, regarding the accuracy, sufficiency or suitability of RAND New York or the content of any information accessed via RAND New York. You have the sole responsibility for inspecting and testing all services and content to your satisfaction before using them. RAND makes no warranties or representations whatsoever regarding any goods or services or information provided by any third parties pursuant to your use of RAND New York and RAND shall not be a party to such transactions or be liable for any costs or damages arising out of either directly or indirectly, the actions or inactions of such third parties.
9. Limitation of Liability.
(a) Without limiting the generality of the foregoing Sections 7 and 8, RAND shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (i) your use of RAND New York or (ii) the information or content of materials included with or accessed via use of RAND New York.
(b) In no event shall RAND be liable to you or an third party for any consequential, exemplary, or incidental damages, including but not limited to any lost profits, data, savings, or revenues, arising out of or in connection with this agreement, whether under tort, contract, or other theories of recovery, even if RAND has been advised of the possibility of such damages.
(c) In no event shall RAND be liable to you or any third party for any amount in excess of the subscription price actually paid by you for the most recent year of service, whether under tort, contract, or other theories of recovery.
This agreement shall be effective as of the date on which RAND receives this RAND New York Order Form for a period of one year.
RAND reserves the right, in its sole discretion, immediately, without notice, and with or without cause to suspend or terminate your access to and use of RAND New York and to delete all information related to your RAND New York account upon any breach of the terms and conditions hereby by you. Either you or RAND may terminate this Agreement at any time without cause by sending notice to the other party.
12. Effect of Termination.
Sections 3, 4, 5, 8, 9, 10, 11, 12, 14, 15, 20, and 21 shall survive termination or expiration of this Agreement.
13. U.S. Government End Users.
RAND New York is a commercial item as that term is defined at 48 C.F.R. 2.101, consisting of commercial computer software and commercial computer software documentation, as such terms are used in 48 C.F.R. 12.212 and is provided to the U.S. Government only as a commercial end item. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire a license to RAND New York with only those rights set forth herein.
14. Choice of Law and Forum.
This Agreement shall be deemed to have been entered into and shall be interpreted and governed in all respects by the laws of the State of New York. Any claim under or related to this agreement shall be brought in a court of competent jurisdiction, federal or state, in New York, and in no other jurisdiction.
15. Modification by RAND.
Upon delivery of e-mail or other written notice, RAND may modify this Agreement. Without prior notice, RAND, in its sole discretion, may discontinue or revise any aspects of RAND New York, except for price during the term.
Except as set forth in Section 11, any notice, demand, request or consent required or permitted hereunder shall be in writing and shall be given by certified mail, return receipt requested, or via express courier, to your last known address or to RAND at 1776 Main Street, P.O. Box 2138, Santa Monica, CA 90407-2138, or at such other RAND address as RAND may provide from time to time.
Should any provision of this Agreement be held by a court to be illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
The failure of any party to enforce any of the terms or conditions of this Agreement, unless waived in writing, shall not constitute a waiver of that party's right to enforce each and every term and condition of this Agreement.
The services hereunder are offered by RAND, a New York nonprofit corporation, located at 1776 Main Street, P.O. Box 2138, Santa Monica, CA 90407-2138 and reachable at (310) 393-0411. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N Street #501, Sacramento, CA 95814, or by telephone at (916) 445-1254.
20. Order of Precedence.
In the event of conflict between the provisions of this agreement, the RAND/MCLS agreement dated August 1, 1999, and the RAND New York Order Form, the following descending order of precedence shall be observed: (a) the RAND/MCLS agreement dated August 1, 1999; and any amendments; (b) the RAND New York Terms and Conditions of Use; and (c) the RAND New York Order Form.
21. Entire Agreement.
The RAND/MCLS agreement dated August 1, 1999 and Amendment 1, these terms and conditions, and any RAND New York Order Form you have submitted to RAND shall collectively constitute the entire agreement between RAND and you with respect to the subject matter hereof. This Agreement supersedes all prior discussions, negotiations, or representations by the parties.
Collection, Use and Storage of Information: For each visitor to our Web site, our Web server automatically recognizes only the visitor's domain name, but not the visitor's email address or other personally identifiable information unless the visitor makes that available. We will track the volume of use at our site to evaluate the most and least popular areas of our site, to make changes on the site, and to let users know of their activity, if they request it. We will store only such information and the user's RAND New York account name.
We may use the information we collect from visitors to our Web site to improve the content of our Web site, to customize the content and layout of our pages for each individual visitor, to administer our Web site, to analyze trends, and to notify visitors about updates to our Web site.
We do not wish to obtain personally identifiable information from children who are using our site unsupervised. Thus, we ask children to obtain the consent of their parent or guardian before providing us with any personally identifiable information.
Disclosure of Information: We do not share with other organizations any information we obtain from visitors.
Links and Third party sites: This policy only addresses our activities from our servers. Other sites (including those that we link to by a reference or within an advertisement banner or otherwise) may have their own policies, which we do not control, and thus are not addressed by this policy. Links that we provide to sites of third parties sites are only made by us with their approval.
Review and Removal of Your Personally Identifiable Data. If you provide us with personally identifiable information to have us perform ongoing services to you, we will take reasonable steps to provide you with a way to review the information we have on file and either change or remove such data. Unfortunately, to the extent that such information is also stored in other databases, we cannot always ensure that such corrections or deletions will reach the other databases. If you wish to have information you provided to us online removed from our records, please provide us with the information as you submitted it to us, as follows:
Postal: RAND New York
P.O. Box 2138
1776 Main Street
Santa Monica, CA 90407-2138
We will use all reasonable efforts to ensure that your information is removed from our records.
Cookies and Other Tracking Methods. We may install cookies on users' browsers, but only to identify users by the login and password they use, and to prevent unauthorized access. Cookies do not spy on you or otherwise invade your privacy, and they do not invade your hard drive.
Security. We use industry-standard methods to protect your personally identifiable information (if any) from unauthorized access. Among other techniques, we usually store such information on a computer behind our firewall in a secure location, and we often restrict the number of employees internally who can access such data. Of course, there is no such thing as perfect security on the Internet.
Amendments. Amendments to this policy or an amended policy, if adopted, will be posted at this URL and will be effective when posted.