Your use of the Website, including all features and functionalities associated therewith, shall be in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or Content.
archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works of, offer for sale, or use, any Content or information contained in or obtained from or through the Website;
delete the copyright or other proprietary rights notices from the Website or any Content;
circumvent, remove, alter, deactivate, degrade or thwart any of the content or other protections enabled on the Website;
use any robot, spider, scraper or other automated means to access the Website;
decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website;
use the Website for the purpose of mass marketing or for spamming multiple users for marketing or sales purposes, including but not limited to posting content or information via any feeds or message boards on the Website and via private messaging on the Website;
disclose information that you do not have the consent to disclose (such as confidential information of others);
monitor the Website’s availability, performance or functionality for any competitive purpose;
insert any code or product or manipulate the Website in any way;
use any data mining, data gathering or extraction method;
upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website, including any software viruses or any other computer code, files or programs; or
use or encourage the use of the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
Bain shall have the right to alter, limit, suspend or discontinue the Website or your access to or use of the Website at any time for any reason without notice or liability to you or any third party. The Website may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your systems, software, data or operations for which Bain shall not take on any liability.
The copyright in all materials, features and functionality on the Website, including text, graphics, videos, audio recordings, software, algorithms, artwork, interfaces, photographs, logos, icons, and images and the selection and arrangement thereof along with any enhancements to or derivative works thereto (collectively, "Content"), is the exclusive property of Bain or its licensors and is protected by U.S. and international laws.
None of the Content shall be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Bain or the copyright owner in each instance. You shall not "mirror" or "frame" any Content or the Website itself, in whole or in part, without Bain's express written permission. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All rights not expressly granted are hereby reserved.
You shall be solely responsible for ensuring that any information or Content obtained from the Website does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, data or operations.
Bain makes no representations whatsoever about any other website which you may access through this one. When you access a non-Bain web site, please understand that it is independent from Bain, and that Bain has no control over the content on that web site, even if Bain provides information or services to the owner of that web site. In addition, a link to a non-Bain web site does not mean that Bain endorses or accepts any responsibility for the content or the use of such web site. In fact, Bain disclaims any and all liability and responsibility for such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
The trademarks, service marks, logos and trade names (the "Trademarks") used and displayed on the Website, including, but not limited to, BAIN®, are registered and unregistered Trademarks of Bain. Other trademarks, service marks, logos and trade names may be owned by others. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Bain intellectual property displayed on the Website. Bain aggressively enforces its intellectual property rights to the fullest extent of the law. The trademark and trade name BAIN® and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of Content on the Website, without prior written permission from Bain and you shall not refer to or attribute any information to Bain or its licensors in any public medium for promotional or advertising purposes, or otherwise, or for the purpose of influencing a third party. Bain also prohibits use of BAIN® and any other Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by Bain in writing.
There may be delays, omissions or inaccuracies in information obtained through your use of the Website. The information on the Website is provided to you with the understanding that Bain's provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on the Website should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, Bain does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through the Website by Bain, any user, information provider or any other person or entity. You acknowledge and agree that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option, liability and risk. Moreover, Bain does not grant any license or other authorization to you to use the Website in any manner if such use in whole or in part suggests that Bain promotes or endorses a third party's causes, ideas, political campaigns, political views, websites, products or services.
THE WEBSITE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BAIN DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SPECIFICALLY, BUT WITHOUT LIMITATION, BAIN DOES NOT REPRESENT OR WARRANT THAT: (1) THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE WEBSITE SHALL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS SHALL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
UNDER NO CIRCUMSTANCES SHALL BAIN OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED OR CONTAINED ON THE WEBSITE OR OTHERWISE OBTAINED FROM OR ARISING OUT OF YOUR USE OF THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF BAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
IN NO EVENT SHALL BAIN'S OR ANY OF ITS PREDECESSORS', SUCCESSORS', PARENTS', SUBSIDIARIES', AFFILIATES', OFFICERS', DIRECTORS', SHAREHOLDERS', INVESTORS', EMPLOYEES', AGENTS', REPRESENTATIVES' AND ATTORNEYS' AND THEIR RESPECTIVE HEIRS', SUCCESSORS' AND ASSIGNS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
Bain prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on the Website infringes your copyright or other intellectual property rights, you should notify Bain of your copyright infringement claim in accordance with the following procedure. Bain shall process notices of alleged infringement which it receives and shall take appropriate action as required by the Digital Millennium Copyright Act ("DMCA"). The DMCA requires that notifications of claimed copyright infringement should be sent to the Website’s Designated Agent who is:
Ana Smith, Esq.Bain & Company, Inc.
131 Dartmouth Street
Boston, Massachusetts 02116
Telephone: +1 617 572 2000
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
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 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.