1. General. The Kiplinger Washington Editors, Inc. ("Kiplinger") maintains this site (the "Site") for your information and education. Please feel free to browse the Site. If you are browsing the Site as a non-commercial consumer, you may download material displayed on the Site for your non-commercial personal use only. If you are browsing the Site as an employee/agent/member of any business or organization, you may download material displayed on the Site only for non-commercial purposes within your business or organization. This permission is specifically conditioned on your retaining all copyright and other proprietary notices contained on the materials downloaded. You should assume that all material, content and information on the Site is protected by copyright unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text on the Site. Additionally, you may not distribute or transmit, modify, reuse, report, or use the information, material and contents of the Site for public or commercial purposes, including the text, images, audio, and video, without Kiplinger's express written permission. Your access and use of the Site is also subject to the remainder of the Terms and Conditions set forth below and all applicable laws. Certain services and other offerings made available on the Site may have additional terms and conditions that apply which can be viewed either on the pages containing such services or offerings or via a link on those pages or other directions to the additional terms and conditions. By accessing, browsing and/or using the Site, you accept, without limitation or qualification all of the Terms and Conditions set forth herein, as well as any such additional terms and conditions.
2. Disclaimer of Warranty. Your use of the Site is at your own risk. Kiplinger makes no warranties or representations as to its accuracy and Kiplinger specifically disclaims any liability or responsibility for errors or omissions in the information, materials and content on the Site. Neither Kiplinger nor any of its affiliated companies or any other party involved in creating, producing or delivering the Site or the information, materials and content on the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, use of, or inability to use or access the Site. Without limiting the foregoing in any way, all information, material and content on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for restrictions or limitations regarding exclusion of implied warranties.
3. Features, Specifications and Prices; Special Offers and Promotions. Features, specifications and prices of products and/or services described or depicted on the Site are subject to change at any time without notice. Special product or service offerings and promotions displayed on the Site are considered discontinued and no longer valid once they are removed from the Site. Additionally, all offerings and promotions displayed on the Site are subject to change or cancellation at any time without notice.
4. Risk of Use. Kiplinger assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or property on account of your access to, use of, or browsing in the Site or your downloading any materials, information, content, data, text, images, video or audio from the Site or any other web site, whether or not linked from the Site.
5. Use of Ideas. Kiplinger does not wish to receive any product, marketing, advertising or other ideas that are not covered by issued United States Patents. If you send or post any information, material or content to or via the Site by electronic mail or otherwise, including but not limited to any data, questions, comments, suggestions, or the like, all such information, material and content are, and will be treated, as non-confidential and non-proprietary. Anything you send or post to, or via, the Site may be used by Kiplinger and or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, retransmission, publication, republication, broadcast, posting, archiving and creation of derivative works, without any compensation to you. Furthermore, Kiplinger and/or its affiliates and agents are free to use, without any compensation to you, any ideas, concepts, know-how or techniques contained in any information, material or content you send or post to or via the Site for any purpose whatsoever, including but not limited to developing, creating, manufacturing, marketing and selling products and services using such information, material and content.
6. Ownership of Materials and Content on Site. Information, materials and content displayed on the Site are either the property of, or used with permission by, Kiplinger. The use of the information, material and content by you, or anyone authorized by you, is prohibited unless expressly permitted by these Terms and Conditions or express permission is provided elsewhere on the Site. Any unauthorized use of the text, images, audio, and video displayed on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity and civil and criminal statutes.
7. Links to/from Other Sites. Kiplinger is not responsible for the content of any site linked to or from the Site. Your linking to any other site is entirely at your own risk. While Kiplinger may provide links on the Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or of the content of the site. Kiplinger disclaims any and all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any content, materials or information contained on such sites.
8. Postings on the Site. Although Kiplinger may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like ("Third Party Communications") on the Site, Kiplinger is under no obligation to do so and assumes no responsibility or liability arising from the content of such Third Party Communications or for any error, defamation, libel, obscenity, profanity or inaccuracy contained in such Third Party Communications. You are solely responsible for any and all information, materials and content contained in Third Party Communications which you post or send to or via the Site. You are prohibited from posting or sending any Third Party Communication to or via the Site that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Kiplinger will cooperate with any law enforcement authorities or court order directing Kiplinger to disclose the identity of anyone posting or sending such information, materials or content to or via the Site. Additionally, Kiplinger reserves the right, in its sole discretion, to remove any information, materials and content posted or sent to or via the Site.
To protect your safety, please use your best judgment when posting. Kiplinger discourages divulging personal telephone numbers and addresses or other information that could be used to identify or locate you. If you make such disclosures on or via the Site or to third parties in any communication, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you. Your dealings and/or communications with any third party though the Site are solely between you and that third party. In no event will Kiplinger be liable for any consequences or harm resulting or arising from or related to your dealings and/or communications with any third party through the Site.
You agree to indemnify, defend and hold harmless Kiplinger and its affiliated companies, suppliers, licensors, representative, contractors and agents from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including but not limited to attorneys fees and court costs) arising from or related to any allegation regarding: 1) Your use of the Site; 2) Kiplinger's use or display of any information, material or content posted or sent to or via the Site, as long as such use or display is not inconsistent with these Terms and Conditions; 3) your dealings and/or communications with any third person through or via the Site; or 4) any violation of these Terms and Conditions.
9. Copyright Notice and Procedure for Making Claims of Copyright Infringement. Kiplinger respects the intellectual property rights of others, and requires that all users of the Site do the same. Accordingly, you may not post or send to or via the Site any information, materials and/or content protected by copyright without the express permission of the author or owner of the copyright in that information, material and/or content.
Kiplinger will promptly block access to infringing or allegedly infringing information, materials and content on its servers if Kiplinger becomes aware that such information, materials and content infringe on the copyright rights of a third party, whether Kiplinger identifies such infringement in the course of its ordinary and reasonable business and editorial activity, or through notification by a third party.
If you believe that any information, materials and content on the Site is infringing on your copyright, Kiplinger will take appropriate action under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DCMA, written notification of claimed copyright infringement must be sent to the following Designated Agent for Kiplinger:
Service Provider:
The Kiplinger Washington Editors, Inc.
Name of Designated Agent to receive notification of claimed infringement:
Dan W. Rutherford
Full address of Designated Agent to which notification should be sent:
The Kiplinger Washington Editors, Inc.
1729 H Street, N.W.
Washington, D.C. 20006
To be effective, the Notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Trademarks. Nothing contained on this Site shall be construed as granting by implication, estoppel or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the written permission of the owner of the rights to the trademark, logo or service mark.
11. Changes to Terms and Conditions. Kiplinger may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and Conditions, you should periodically visit this page to review the then-current Terms and Conditions.
12. Governing Law. These Terms and Conditions are to be governed by and construed in accordance with the laws of the District of Columbia, United States of America and the laws of the United States of America, without reference to any conflicts of law rules. Any cause of action you may have which arises from or which is related to the Site or any information, materials, or content displayed on or accessed via the Site must be filed in a federal or District of Columbia Court located in the District of Columbia. If for any reason any provision of these Terms and Conditions is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions and the remaining Terms and Conditions shall continue in full force and effect. Any failure by Kiplinger to enforce or exercise any provision of the Terms and Conditions shall not constitute a waiver of that right or provision.
International users must take special note that the Site is controlled by Kiplinger from its offices within the United States of America. Kiplinger makes no representation that information, materials and content available on or via the Site are appropriate or available for use outside the United States of America and access to them from territories where the information, materials and content are illegal is prohibited. You may not use the Site or export the information, materials and content available on or via the Site in violation of any United States export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.
