Terms & Conditions

1. ACCEPTANCE OF TERMS

This Agreement governs the use of all services and features on the msbusiness.com web site, unless otherwise specified, and may be changed and/or augmented – without notice – to the User at any time. Use of any services or features on msbusiness.com shall constitute User’s acceptance of the terms and conditions provided in this Agreement.

2. MISSISSIPPI BUSINESS JOURNAL PRIVACY POLICY

Mississippi Business Journal takes the issue of Internet privacy very seriously. To that end, we have developed a comprehensive privacy policy governing the submission of sensitive personal information, including, but not limited to, credit card data. To review the full policy, please visit: http://www.msbusiness.com/privacy/.

3. USER POSTED CONTENT

For purposes of this Agreement, “user posted content” is text, data, software, music, sound, photographs, videos and/or other communications generated and placed on msbusiness.com or its offered online services through technologies and programs used on the site. These include our classified advertising area and open/closed e-mail list services. Be aware that any content and/or communications that User posts to the site or broadcasts to others through open/closed e-mail list services, immediately become the sole property of Mississippi Business Journal and User grants a royalty free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sublicense, create derivative works from, distribute, perform and display such content and/or communications (in whole or part) worldwide and/or to incorporate it into other works in any form, media or technology now known or later developed.

User further agrees that all content posted/communicated/transmitted to msbusiness.com or through its services is entirely User’s responsibility. Under no circumstances will Mississippi Business Journal be held liable in any way for any content posted for public consumption by an end User, nor will the companies be held responsible for any errors, omissions, misstatements, slander, defamation or for any loss or damage resulting from the posting of public content to msbusiness.com or through its transmission via offered services, including, but not limited to, e-mail lists.

4. USER CONDUCT

a. User agrees to comply with all applicable laws, rules, regulations, ordinances, decrees or orders of the United States or any state, local, foreign or Internet governing body or agency with regard to the transmission of technical data over this Web site;

b. User agrees not to interfere with the use and enjoyment of this Web site by other Users;

c. User agrees not to upload, post or otherwise transmit any information that User does not have a legal right to transmit under any law or under contractual or fiduciary relationships, including but not limited to, proprietary or confidential information or information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

d. User agrees not to interfere with or disrupt the Web site or servers or networks connected to the Web site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web site;

e. User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Web site, user of the Web site or access to the Web site; and

f. User acknowledges that Mississippi Business Journal does not prescreen information posted to its Web site, but that it shall have the right (but not the obligation) in its sole discretion to refuse or remove any information that is posted to the Web site.

5. NO RESALE OF SERVICE/CONTENT

User agrees not to produce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of msbusiness.com, use of or access to msbusiness.com and/or any of its services.

6. MODIFICATIONS TO SERVICE

Mississippi Business Journal reserves the right to modify or augment, suspend, discontinue (temporarily or permanently) any and all services offered through or in association with msbusiness.com. User agrees that Mississippi Business Journal will not be held liable to User or any third party for any modification, suspension or discontinuance of msbusiness.com or its services.

7. TERMINATION

User agrees that Mississippi Business Journal, at its sole discretion, may suspend or terminate User’s username, password, account and/or subscription/participation in any service on msbusiness.com at any given time without warning for violation of this Agreement, including but not limited to (a) if User is delinquent in paying the agreed upon subscription fees; or (b) if User has not actively used his or her account for an extended period of time.

8. PARTICIPATION IN THE PROMOTIONS OF ADVERTISERS

User’s correspondence with or participation in the promotions of advertisers found on this Web site, including the delivery of and payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between User and the advertiser. User agrees not to hold Mississippi Business Journal liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this Web site.

9. INDEMNIFICATION

User, at its own expense, further agrees to indemnify, defend and hold harmless Mississippi Business Journal, its parent, subsidiaries, affiliates, agents, partners, licensees, and employees from any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, suit, action or proceeding arising out of this Agreement or in connection with of use of msbusiness.com and its services.

10. MISSISSIPPI BUSINESS JOURNAL PROPRIETARY RIGHTS

All material contained within this Web site is copyrighted except where explicitly noted otherwise. © 2009 Mississippi Business Journal All rights reserved.

All registered and/or unregistered trademark and/or service marks used or referred to in this Web site are the property of Mississippi Business Journal and/or its respective owners, unless otherwise noted.

User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this Web site, in sponsor advertisements or in other information presented to User (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User is permitted only to use this Content as expressly authorized by this Agreement and may not copy, reproduce, distribute or create derivative works from this Content without express authorization.

11. DISCLAIMER AND WARRANTIES

Mississippi Business Journal makes no warranty that this Web site will meet User’s requirements, or that it will be uninterrupted, timely, secure, or error free; nor does Mississippi Business Journal make any warranty as to the results that may be obtained from the use of this Web site or as to the accuracy or reliability of any information obtained through msbusiness.com. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

THE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MISSISSIPPI BUSINESS JOURNAL GROUPOR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS, EVEN IF MISSISSIPPI BUSINESS JOURNAL GROUPHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. LIMITATION OF LIABILITY

USER EXPRESSLY UNDERSTANDS AND AGREES THAT MISSISSIPPI BUSINESS JOURNAL GROUPSHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE THIS WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF MISSISSIPPI BUSINESS JOURNAL GROUPHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. LINKS TO THIRD PARTY SITES

Mississippi Business Journal provides Users with links to other Web sites. These third-party sites are not under the control of Mississippi Business Journal and User acknowledges that Mississippi Business Journal is not responsible or liable for any content, advertising, products or other materials available from such third-party sites.

16. COPYRIGHT AGENT

Please report Notice of claims of copyright infringement on the msbusiness.com Web site to Mississippi Business Journal’s Copyright Agent, as follows:
Mississippi Business Journal
Director of Internet Services
200 N. Congress Street, Suite 400,
Jackson, MS 39201
Phone: (601) 364-1008
By e-mail: Copyright

17.MISCELLANEOUS

a. Entire Agreement
This Agreement sets forth the entire understanding between the parties and supersedes prior agreements, communications, and representations between the parties regarding the subject matter contained herein.

b. Applicable Laws
This Agreement and the relationship between User and Mississippi Business Journal shall be governed by and construed in accordance with the laws of the State of Oklahoma without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to this Agreement shall be resolved in a Minnesota court. User agrees to submit to the personal and exclusive jurisdiction of the courts located in the State of Minnesota. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises, or will be barred forever.

c. Notices
All written or electronic notices between the parties shall be deemed to have been given if personally delivered, sent by overnight courier or certified mail return-receipt requested, or transmitted by electronic mail via the Internet (with a copy sent by certified mail return-receipt requested) to the following address: Mississippi Business Journal
200 N. Congress Street, Suite 400,
Jackson, MS 39201
Phone: (601) 364-1008
By e-mail: Webmaster
All notices shall be deemed to have been duly given on the date of receipt (or, if delivery is refused, the date of such refusal).

d. Waiver/Severability
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

e. Headings
The headings contained herein have been inserted as a matter of convenience for reference only and shall not control or affect the meaning or construction of any of the terms or provisions herein.

f. Reservation of Rights
Any rights not expressly granted herein are reserved.

19. VIOLATIONS OF TERMS AND CONDITIONS OF USE

Please report any violations of this Agreement to:
Mississippi Business Journal
Director of Internet Services
200 N. Congress Street, Suite 400,
Jackson, MS 39201
Phone: (601) 364-1008
By e-mail: Webmaster

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