Effective as of March 2016
LICENSE GRANT. This Site is provided by PIIE, and this TOU provides to you (identified herein as "you" or a "User" or with “your”) a personal, revocable, limited, non-exclusive, royalty-free, nontransferable, and nonsublicenseable license to use this Site conditioned on your continued compliance with the terms and conditions of this TOU. Additionally, this TOU provides to you a personal, revocable, limited, non-exclusive, nonsublicenseable license to post a link to the Site from your personal web page or social media page. You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not distribute or disclose such materials and information. If you wish to distribute or display the materials and information found on the Site or to use such materials and information for commercial purposes, you may contact PIIE using the contact information set forth in Section 19 below. This TOU is only a license and not an assignment or sale. Accordingly, you expressly acknowledge and agree that PIIE transfers no ownership or intellectual property interest or title in and to this Site to you or anyone else.
LICENSE GRANT RESTRICTIONS. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein this Site. Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or circumvent the navigational structure or presentation of this Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through this Site; (ii) attempt to gain unauthorized access to any portion or feature of this Site or any system(s) or network(s) connected to this Site or to any PIIE server(s) or to any of the services offered on or through this Site, by hacking, password "mining," or any other illegitimate means; (iii) probe, scan, or test the vulnerability of this Site or any network connected to this Site; (iv) breach the security or authentication measures on or for this Site or any network(s) connected to this Site; (v) reverse look-up, trace, or seek to trace any information on any other user of or visitor to this Site; (vi) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or PIIE's system(s) or network(s) or any system(s) or network(s) connected to this Site; (vii) use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on this Site, or with any other person's use of this Site, (viii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to PIIE on or through this Site, (ix) use this Site to harvest or collect email addresses or other personally identifiable information, or (x) use this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact PIIE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY INFORMATION OR MATERIALS PROVIDED BY PIIE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
USER OBLIGATIONS. By installing, accessing, or using this Site in order to view PIIE’s information and materials or enter into a transaction through this Site, you represent that you are at least eighteen (18) years of age (or the legal age of majority) (whichever is greater)) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through this Site, including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, PIIE reserves the right to terminate immediately your access and use of this Site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site. You also acknowledge and agree that use of the Internet and this Site is solely at your own risk. While PIIE has endeavored in each instance to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from this Site over the Internet or other global communication network cannot be guaranteed. Accordingly, PIIE is not responsible for the security of any information transmitted via the Internet or other global communication network.
PROPRIETARY RIGHTS. All text, graphics, user interfaces, visual interfaces, photographs, audio, video, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through this Site, unless otherwise indicated, are owned, controlled, and licensed by PIIE and/or its suppliers and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, PIIE does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of this Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. This Site is Copyright © 2016 Peterson Institute for International Economics and/or its licensors. All rights reserved. PIIE also owns a copyright in the contents of this Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Site. Any downloadable or printable programs, information, or materials available through this Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by PIIE and/or its licensors. PIIE, Peterson Institute for International Economics logo, and all other names, logos, and icons identifying PIIE and its programs, products, and services are proprietary trademarks of PIIE, and any use of such marks without the express written permission of PIIE is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
ON-LINE-PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the purchase of goods, participation in a particular program, donation of money or items, and/or to specific portions or features of this Site. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of this Site, including, without limitation, any areas to enable the on-line purchase of books or for any program or service offered on or through this Site, the latter terms shall control with respect to your use of that portion of this Site or the affected product, program, or service. PIIE's obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing in this TOU should be construed to alter such terms, conditions, notices, and agreements.
Mobile Services. This Site may offer certain tools or online functionality that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of this Site and its Mobile Services shall be in accordance with this TOU.
SUBMISSIONS. PIIE welcomes your feedback and suggestions about how to improve this Site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to PIIE, you represent and warrant that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to PIIE. In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for PIIE to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed, and for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
LINKS TO OTHER SITE. PIIE may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services. Such other sites have not necessarily been reviewed by PIIE and are maintained by third parties over which PIIE exercises no control. Accordingly, PIIE expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the information, products or services provided by, available through, or advertised on these third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any third party web site or the information, products, or services provided by any third party.
LINKS TO THIS SITE. PIIE encourages and permits (plain) hypertext links to the primary landing page for this Site (www.piie.com). PIIE is an organization committed to the highest ethics and standards and therefore, any links to this Site should not suggest that PIIE promotes or otherwise endorses or is affiliated with any third party products, services, programs, causes, campaigns, websites, or information unless PIIE has provided prior written consent for such promotion, affiliation, or endorsement.
DISCLAIMER. WHILE PIIE ENDEAVORS TO PROVIDE ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. PIIE ALSO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION OR MATERIALS. MOREOVER, PIIE MAY MAKE MODIFICATIONS AND/OR CHANGES WITH RESPECT TO THIS SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE. PIIE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILTY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY. You expressly absolve and release PIIE from any claim of harm resulting from a cause beyond PIIE’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL PIIE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWRE, AND MATERIALS AVAILABLE THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PIIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF PIIE FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PIIE DURING THE PAST SIX MONTHS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
GOVERNING LAW. This TOU has been made in and will be construed and enforced in accordance with the laws of the District of Columbia as applied to agreements entered into and completely performed in the District of Columbia. Any action to enforce this TOU will be brought in the federal or state courts presiding in Washington, DC, U.S., and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. Any claim you might have against PIIE must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Site is controlled and operated by PIIE from its offices within the United States. PIIE makes no representation that this Site is appropriate or available for use in other locations, and access to this Site from territories or nations where any aspect of this Site is illegal is prohibited. You access this Site on your own volition and are responsible for compliance with all applicable local laws.
ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. PIIE reserves the right to view, monitor, and record activity on this Site without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through this Site. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on this Site as well as to disclosures required by or under applicable law or related government agency actions. PIIE will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, PIIE reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to this Site, or any portion of this Site in order to protect this Site, PIIE, or PIIE's business
INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of PIIE proprietary assets, will cause irreparable injury to PIIE, such injury would not be quantifiable in monetary damages, and PIIE would not have an adequate remedy at law. You therefore agree that PIIE shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that PIIE post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to PIIE to enforce any provision of this TOU.
WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by PIIE of any right under this TOU will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
CONTACT INFORMATION. If you have questions regarding this Site or if you are interested in obtaining more information concerning PIIE and its products or services or permission to use any PIIE content, please contact the Peterson Institute for International Economics at 1800 Massachusetts Avenue, NW Second Floor, Washington, DC 20036, 202.328.9000 (phone), or email@example.com (e-mail).