Salary.com Webpage Terms of Use

Overview

The following are Terms of Use ("Terms") constituting a legal agreement between You ("You") and International Business Machines Corporation ("IBM"), owner of the Salary.com brand and webpage. By accessing, browsing, or using the Salary.com Sites, You acknowledge that You have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If You do not agree to these Terms, You are not permitted to and shall not use the Salary.com Sites. The term "Salary.com Sites" shall mean any web site affiliated with Salary.com and that is entirely or partially under the control of IBM, including without limitation www.salary.com.

As stated below, information on the Salary.com Sites is not promised or guaranteed to be correct, accurate, current, or complete, and the Salary.com Sites may contain technical inaccuracies or typographical errors. IBM assumes no responsibility (and expressly disclaims responsibility) for updating the Salary.com Sites to keep information current or to ensure the accuracy, correctness or completeness of any information on the Salary.com Sites. Accordingly, as a user of the Salary.com Sites, You only use the Salary.com Sites at Your own risk.

IBM provides no assurances that any reported problems will be resolved by IBM, even if IBM elects to provide information with the goal of addressing a problem.

IBM may, without notice to You, at any time revise these Terms and any other information contained in the Salary.com Sites. IBM may also make improvements or changes in the products, services, or programs described in the Salary.com Sites at any time without notice.

Users of the Salary.com Sites who violate these Terms at any time may have their access and use of the Salary.com Sites suspended or terminated at the discretion of IBM.

Rights of Use

The Salary.com Sites contain proprietary notices and copyright information, the terms of which must be observed and followed. The contents of Salary.com Sites, such as information, logos, data, images, video, presentations, software, designs, and other Salary.com content (collectively "Salary.com Content") are owned by and the property of IBM and/or its licensors. Further, the Salary.com Content is protected under various intellectual property laws, including copyright and trademark laws and specifically the compilation (meaning the collection, arrangement and assembly) of all content on the Salary.com Sites is the exclusive property of IBM and is protected by such intellectual property laws.

Salary.com Content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without IBM’s prior written consent, except that IBM grants You non-exclusive, non-transferable, non-sublicensable, limited permission to access and display the Salary.com Sites, solely on Your computer and for Your personal, non-commercial use of the Salary.com Sites. This permission is conditioned on You not modifying the Salary.com Content, You keeping intact all copyright, trademark, and other proprietary notices, and You accepting any terms, conditions, and notices accompanying the content or otherwise set forth in the Salary.com Sites.

You agree not to sell or modify the Salary.com Content or reproduce, display, publicly perform, distribute, or otherwise use the Salary.com Content in any way for any public or commercial purpose, in connection with third-party products or services, in any other manner that is likely to cause confusion among consumers, that disparages or discredits IBM, its affiliates, subcontractors, partners, or licensors, that dilutes the strength of IBM, its affiliate’s, subcontractor’s, partner’s, or licensor’s property, or that otherwise infringes IBM, its affiliate’s, subcontractor’s, partner’s, or licensor’s intellectual property rights. You may not disassemble, reverse engineer, or attempt to discover the source of any of the Salary.com Content made available through the Salary.com Sites.

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to You, without prior notice, and You must immediately destroy all copies of downloaded materials in Your possession or control. Except for the limited permission in the preceding paragraph, IBM does not grant You any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from the Salary.com Sites on another web site or in any other media.

User Content & Submissions

IBM does not want to receive confidential or proprietary information from You through the Salary.com Sites. Please note that any information, material, data, ideas, concepts, know-how, and any other intellectual property, sent to IBM and/or otherwise made available through the Salary.com Sites will be deemed NOT to be confidential. By sending IBM any information, material, data, ideas, concepts, know-how, or any other intellectual property ("Your Content"), You grant IBM an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, Your Content. You also agree that IBM is free to use Your Content for any purpose. However, IBM will not release Your name or otherwise publicize the fact that you submitted Your Content to Salary.com Sites unless: (a) IBM obtains Your permission to use Your name; or (b) IBM first notifies You that Your Content will be published or otherwise used with Your name on it; or (c) IBM is required to do so by law.

Personally-identifiable information that You submit to IBM through the Salary.com Sites for the purpose of receiving products or services will be handled in accordance with the Salary.com Privacy Policy (which can be found at http://www.salary.com/privacy-policy/) or its successor policy, and which by reference is made a part of these Terms. The Salary.com Privacy Policy outlines the type of information that may be collected from You by IBM and how personally-identifiable information may be used by IBM. It is important that You read and understand the terms of the Salary.com Privacy Policy.

You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights in Your Content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post Your Content in any public area of any Salary.com Site, You also permit any other user to use, access, display, view, store and reproduce Your Content for their own use. Subject to the foregoing, You retain any and all rights that may exist in Your Content.

You agree to not use the Salary.com Sites to transmit, distribute, store, or destroy material that is illegal, defamatory, obscene, threatening, abusive, or hateful in any manner. IBM may decline to post, review and remove any of Your Content in its sole judgment, including in the event that Your Content: (i) violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, users of any Salary.com Site; (ii) could create liability for IBM, its affiliates, subcontractors, and partners, or damage IBM, its affiliates, subcontractors and partners brands or public images, or cause Salary.com Sites to lose Users or (in whole or in part) the services of its suppliers.

You agree to not post images unless You own the exclusive rights to display the imagery in this context. By posting images that depict a person or persons, You represent and warrant that You attained consent from and verified the legal age of each person depicted in the image for the distribution, display and usage of the image in the general public.

IBM does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does IBM endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.

U.S. government restricted rights

IBM provides the software downloaded from this web site to U.S. Government users with "RESTRICTED RIGHTS."

Global availability

Information that the Salary.com Sites publishes on the World Wide Web may contain references or cross references to Salary.com products, programs and services that are not announced or available in Your country. Such references do not imply that IBM intends to announce or make available such products, programs, or services in Your country. Please consult Your local Salary.com business contact for information regarding the products, programs, and services that may be available to You.

Business relationships

This Salary.com Sites may provide links or references to third-party web sites and resources (e.g. web sites not operated or controlled by IBM). IBM makes no representations, warranties, or other commitments whatsoever about these third-party web sites or third-party resources that may be referenced, accessible from, or linked to any Salary.com site. A link to a third-party web site does not mean that IBM endorses the content or use of such web site or its owner. In addition, IBM 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 a Salary.com Site. Accordingly, You acknowledge and agree that IBM is not responsible for the availability 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. For clarity, IBM is not responsible for the privacy policies or practices of any third-party web sites.

When You access a third-party web site, even one that may contain the Salary.com logo, please understand that it is independent from IBM and the Salary.com Sites, and that IBM does not control the content on that Web site. It is up to You to take precautions to protect Yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect You information as you deem appropriate.

Linking to this site

All links to this web site must be approved in writing by IBM, except that IBM consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with IBM; (c) imply that IBM approves or endorses You, Your web site, or Your service or product offerings; and (d) present false or misleading impressions about IBM, its affiliates, partners and subcontractors, or otherwise damage the goodwill associated with the Salary.com name or trademarks. As a further condition to being permitted to link to this site, You agree that IBM may at any time, in its sole discretion, terminate permission to link to this web site. In such event, You agree to immediately remove all links to this web site and to cease using any Salary.com trademark.

Translations

Certain text may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to You, and IBM makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, DATA, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. IBM, ITS AFFILIATES, PARTNERS AND SUBCONTRACTORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, IBM, ITS AFFILIATES, PARTNERS AND SUBCONTRACTORS MAKE NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE INFORMATION AND DATA DISPLAYED OR SHARED ON THE SALARY.COM SITES IS ACCURATE OR TRUE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, DATA, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

LIMITATION OF LIABILITY

IN NO EVENT WILL IBM, ITS AFFILIATES, PARTERS AND SUBCONTRACTORS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF IBM, ITS AFFILIATES, PARTNERS AND SUBCONTRACTORS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Indemnity

You agree to defend, indemnify, and hold harmless IBM, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Salary.com Site, (ii) Your use of any Salary.com Content, or (iii) Your breach of these Terms. IBM shall provide notice to You of any such claim, suit, or proceeding.

Promotional Offers

From time to time, IBM or its partners may extend offers or promotions discounting the price of Salary.com products or services or other IBM products or services. Those offers may not be combined. If a user has received more than one promotional offer, the largest of those offers will apply.

Forward-looking and cautionary statements

Salary.com is a brand of IBM. Except for historical information and discussions, statements set forth throughout these Salary.com Sites may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in the company's filings with the U.S. Securities and Exchange Commission.

General

These Terms of Use are governed by the substantive laws of the State of New York. Any proceedings to resolve disputes relating to the Terms shall be brought in a U.S. Federal Court in the State of New York. You hereby expressly waive the right to trial by jury in any matter which arises under these Terms of Use. These terms and conditions are severable. If any provision is deemed illegal or unenforceable, all other provisions shall remain in effect.

IBM reserves the right at all times (but will not have an obligation) to terminate Your account or a community for any reason (such as violation of these Terms) or no reason at all, with or without notice. IBM also reserve the right to access, read, preserve, and disclose any information as IBM reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of IBM, its users and the public.

Additional Terms & Other Agreements

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through the Salary.com Sites. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms. Please then see the applicable agreement or notice governing Your use of the resources offered through the Salary.com Sites.