WEBSITE TERMS OF USE

WEBSITE TERMS OF USE

http://www.joc.com

This website is operated by JOC Group Inc. (“JOC”). Throughout the site, the terms "we," "us" and "our" refer to JOC. JOC offers this site, including all information, tools and services available on this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated in these Terms of Use ("Terms"), and you agree to comply with all applicable laws and regulations, including export control laws and regulations. Your use of this site constitutes your agreement to these Terms, and by using this site you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you must not use the site.

Use of the Site

You may access and use this site solely for lawful purposes and only in accordance with the terms of this Agreement. JOC reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the site (or any portion thereof), or revise these Terms, or suspend or terminate your access to the site or any portion thereof, with or without notice. JOC may also make improvements or changes in the products or services described in this site at any time without notice.

You must not misuse this site by knowingly introducing viruses, trojans, worms, or other material which is malicious or harmful. You must not attempt to gain unauthorized access to this site, the server on which this site is stored or any server, computer or database connected to this site. You must not attack this site via a denial-of-service attack or similar. We may report any such attack and breach to the relevant law enforcement authorities. In the event of such a breach, your right to use this site will cease immediately.

You must not use any robot, spider or other automatic device to harvest Content from this site. You must not defeat any access controls, access any portion of this site that we have not authorized you to access, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.

Use of Content

All content provided on or offered through this site (including, but not limited to, text, files, images, graphics, illustrations, audio, video, and photographs) (collectively, "Content") is owned by JOC and/or its partners, affiliates, and licensors ("Affiliates"). This Content is protected by United States and international intellectual property rights, including, as applicable and without limitation, copyrights, database rights, trademarks and patents ("Intellectual Property Rights"). JOC and its Affiliates retain all ownership rights in, and proprietary rights to, the Content. Unless otherwise labelled, all trademarks, service marks, logos, banners, and page headers displayed on this site (collectively, "Marks") are the property of JOC and its Affiliates.

Your access to or use of our Content is subject to the Terms, including the following:

· You may use the Content solely as displayed on the site for your own internal purposes and may not download or otherwise copy any Content without prior written permission of JOC.

· You may use the Content only in the form provided on or through the site and may not modify, amend, or combine any Content with other materials to form any new content. You may not display, link to, or otherwise use the Marks without the prior written permission of JOC, which JOC may grant or deny in its sole discretion.

· You must obtain all copies or reproductions of the Content directly from JOC. You obtain no ownership rights in or to the site or its Content through these Terms, and no other rights to utilize, reproduce, display or publically perform the Content, except as expressly set forth in these Terms.

· You may not use the Content in any way that breaches any applicable law or regulation, or in any way that is fraudulent or competes with JOC’s business.

Except as otherwise expressly stated, you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the site or its Content, or any Intellectual Property Rights. In addition, you may not copy, modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the site or its Content without the prior written permission of JOC. Notwithstanding the above, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Claims of Infringement

JOC respects the intellectual property rights of others and requests that you do the same. If you believe that copyright or intellectual property rights held by you or a person on whose behalf you are authorized to act have been infringed, you may notify our legal department at the following address:

JOC Group Inc.

Attn: General Counsel, Legal Department
2 Penn Plaza East

Newark, NJ 07105, USA
IntellectualProperty@ihs.com

You must provide the following information:

1. Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and location of such material;

2. In case of a claim of copyright infringement, 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;

3. Your name, address, daytime phone number, and email address, if available;

4. A statement that you have a good-faith belief that the use of the work is not authorized by the owner, his or her agent, or the law;

5. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner;

6. A copy of any copyright or related registration evidencing your claim or intellectual property right or ownership; and

7. A physical or electronic signature reflecting that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.



Disclaimers

THIS SITE IS PROVIDED BY JOC "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. NEITHER JOC NOR ITS AFFILIATES REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED ON, DOWNLOADED FROM, DISTRIBUTED THROUGH, OR OTHERWISE AVAILABLE FROM THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. YOU AGREE THAT YOUR ACCESS TO THE SITE IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR BY ACCESSING THE SITE. EXCEPT WHERE THE LAWS AND REGULATIONS OR A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, JOC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND INTERRUPTIONS, CRASHES, AND DOWNTIME BEYOND JOC CONTROL MAY OCCUR FROM TIME TO TIME.

THIS SITE MAY CONTAIN THIRD PARTY ADVERTISEMENTS AND/OR SPONSORSHIPS. THE ADVERTISERS AND SPONSORS THAT PROVIDE THESE ADVERTISEMENTS AND SPONSORSHIPS ARE SOLELY RESPONSIBLE FOR INSURING THAT THE MATERIALS SUBMITTED FOR INCLUSION ON THIS SITE ARE ACCURATE AND COMPLY WITH ALL APPLICABLE LAWS. WE ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY ADVERTISER OR SPONSOR.

Limitation of Liability

IN NO EVENT WILL JOC OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH, AS A RESULT OF OR ARISING OUT OF: (a) YOUR ACCESS TO OR USE OF THE SITE OR CONTENT, (b) YOUR INABILITY TO USE THE SITE OR CONTENT; (c) ANY LOSS OF DATA AND/OR EQUIPMENT FAILURE; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (e) DELAY OR FAILURE OF THE SITE ARISING OUT OF CAUSES BEYOND OUR CONTROL; (f) YOUR USE OF, REFERENCE TO, OR RELIANCE ON, THE CONTENT; (g) ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE SITE; OR (h) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH JOC IS TO DISCONTINUE YOUR USE OF THE SITE AND CONTENT.

Indemnification

You hereby agree to indemnify, defend, and hold harmless JOC and its Affiliates and each of their officers, directors, employees, agents, contractors, assigns, licensors, sublicensors, service providers, suppliers, and successors in interest from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result or arise from your use of the site and any violation of these Terms. JOC will provide you with notice of any such claim or allegation, and JOC will have the right to participate in the defence of any such claim at its expense.

US Government Restricted Rights

JOC provides the Content downloaded from this site to US Government users with "Restricted Rights", as such term is defined in the Federal Acquisition Regulation.

Linking to our Site

This site must not be framed on any other site. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw any linking permission without notice.

External Links

This site may provide links or references to third party and resources. JOC makes no representations, warranties, or other commitments whatsoever about any non-JOC sites or third party resources that may be referenced, accessible from, or linked to any JOC site. A link to a third party site does not mean that JOC endorses the content or use of such site or its owner. In addition, JOC is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an JOC site. Accordingly, you acknowledge and agree that JOC is not responsible for the availability, accuracy, completeness or quality of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Severability

If any provision of this agreement is found invalid or unenforceable in any jurisdiction, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining portions will remain in full force and effect.

Jurisdiction and Venue

This agreement will be governed by the laws of New York, without giving effect to any conflict of laws principles. The parties specifically exclude from application to the agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the New York courts. In any such dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses from the other party.

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