Terms of Use for AlertData.com (updated May 20, 2008)

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome! The ALERTdata.com website is owned and operated by Thinking Cap Solutions, Incorporated (“TCS”, “we”, “us”, or “our”). It is being made available to registered subscribers, registered guest users, and unregistered visitors (“you”, “user”, or “your”) with varied levels of restrictions and privileges. Please read the following material carefully to ensure that your needs will be met in a manner consistent with our practices. We care a great deal about our ability to serve you well. After reading the following terms, feel free to ask questions or make suggestions. Our terms of use may change over time and your input will be considered when such changes occur.

Copyright Identifying Marks

No portion of this web site, our reports or related documentation may be reproduced or transmitted in any form, by any medium (including but not limited to photocopying, scanning, downloads or other electronic means) except under the terms permitted by this agreement.

Accessing Our Reports

TCS currently recognizes the following classes of users for this site:

  • Paid Corporate Subscribers
  • Paid Single-User Subscribers
  • Registered Guest Users
  • Unregistered Visitors

Paid subscribers are allowed full access to all ALERTdata Blueprints for Supply Chain Managers. The difference between paid corporate subscribers and paid single-user subscribers is related to our rules regulating the sharing of usercodes and passwords and the copying of reports accessed on this site.

Privileges and Responsibilities for Specific Classes of Users

You are a Paid Corporate Subscriber if your account is in good standing and your usercode begins with the letter “C”.

Paid Corporate Subscribers may freely share a common usercode/password combination among employees as long as this is done in a safe and secure manner and as long as employees who have been given access to the ALERTdata.com website are provided with the “Terms of Use for the ALERTdata.com website”.

It is solely the responsibility of the Paid Corporate Subscriber to assure a safe and secure sharing environment for usercodes and passwords and to provide an up-to-date “Terms of Use for the ALERTdata.com website” when granting employees access to the ALERTdata.com website. Usercodes and passwords MAY NOT be shared with non-employees, including but not limited to outside consultants, suppliers and customers.

The ALERTdata Blueprints and related information on the ALERTdata.com website are the property of Thinking Cap Solutions, Inc. and are protected by copyright and intellectual property laws. Paid Corporate Subscribers are free to make copies and disseminate ALERTdata Blueprints for internal employee-to-employee use only. Corporate Subscribers may not make or distribute copies of materials found on the ALERTdata.com website for commercial purposes or for sharing with non-employees, including but not limited to outside consultants, suppliers, and customers, without the prior written consent of TCS.

Paid Corporate Subscribers may quote or reproduce small amounts of data and analysis from the ALERTdata.com website provided this is done within the limits of “fair use” standards and proper attribution is provided. Attribution should include our web site name (ALERTdata.com) and the name of our company (Thinking Cap Solutions, Inc.)

You are a Paid Single-User Subscriber if your account is in good standing and your usercode begins with the letter “S”.

Paid Single-User Subscribers ARE NOT permitted to share usercodes and passwords. You also are not permitted to transfer a usercode or password without the written consent of TCS. Currently, TCS policy is to grant two transfers per year in order to accommodate staff changes and shifts in access requirements. This policy, however, is subject to change without notice.

The ALERTdata Blueprints and related information on the ALERTdata.com website are the property of Thinking Cap Solutions, Inc. and are protected by copyright and intellectual property laws. Paid Single-User Subscribers are free to make copies of ALERTdata Blueprints for internal personal use only. Paid Single-User Subscribers may not make or distribute copies of materials found on the ALERTdata.com website for commercial purposes or for sharing with others, including but not limited to outside consultants, suppliers, and customers, without the prior written consent of TCS.

Paid Single-User Subscribers may quote or reproduce small amounts of data and analysis from the ALERTdata.com website provided this is done within the limits of “fair use” standards and proper attribution is provided. Attribution should include our web site name (ALERTdata.com) and the name of our company (Thinking Cap Solutions, Inc.)

You are a Registered Guest User if your usercode begins with the letter “G”. Usercodes and passwords for registered guests are provided as a courtesy and may be invalidated at any time by TCS without prior notice.

Registered Guest Users ARE NOT permitted to share usercodes and passwords. The ALERTdata Blueprints and related information on the ALERTdata.com website are the property of Thinking Cap Solutions, Inc. and are protected by copyright and intellectual property laws. Registered Guest Users are free to make copies of ALERTdata Blueprints for internal personal use only. Registered Guest Users may not make or distribute copies of materials found on the ALERTdata.com website for commercial purposes or for sharing with others, including but not limited to outside consultants, suppliers, and customers, without the prior written consent of TCS. Registered Guest Users may quote or reproduce small amounts of data and analysis from the ALERTdata.com website provided this is done within the limits of “fair use” standards and proper attribution is provided. Attribution should include our web site name (ALERTdata.com) and the name of our company (Thinking Cap Solutions, Inc.)

You are an Unregistered Visitor if you access only the non-member portion of this web site.

The ALERTdata Blueprints and related information on the ALERTdata.com website are the property of Thinking Cap Solutions, Inc. and are protected by copyright and intellectual property laws. Unregistered Visitors may not make or distribute copies of materials found on the ALERTdata.com website for commercial purposes or for sharing with consultants, suppliers, customers or any others without the prior written consent of TCS. Unregistered visitors may quote or reproduce small amounts of data and analysis from our site provided this is done within the limits of “fair use” standards and proper attribution is provided. Attribution should include our web site name (ALERTdata.com) and the name of our company (Thinking Cap Solutions, Inc.)

Additional Copying and Access Restrictions for All Users

All users of the ALERTdata.com website are prohibited from copying photos on the ALERTdata.com website.

All users are prohibited from publishing, transmitting, reproducing, reformatting, posting or distributing any materials provided through the ALERTdata.com website for resale, barter, or any other commercial purposes without the written consent of Thinking Cap Solutions, Inc. 

All users, regardless of type, are solely responsible for appropriate use of usercodes and passwords. We reserve the right to terminate this agreement and the use of the ALERTdata.com website for violations of the above stated usercode/password rules.

User Conduct

You agree to refrain from the following activities while accessing the ALERTdata.com web site:

  • Attempting to gain access to the ALERTdata.com website without proper authorization
  • Preventing authorized users from accessing the ALERTdata.com website
  • Circumventing the navigational structure of ALERTdata.com
  • Altering the presentation of materials on this site including, but not limited to the data and analysis contained within the ALERTdata Blueprints
  • Engaging in Reverse engineering, decompiling or disassembling any portion of the ALERTdata.com website
  • Engaging in mirroring, deep-linking, framing, spoofing, flooding or spamming activities
  • Providing false information about your identity or your affiliation with a company or any other type of organization, and
  • Engaging in criminal activities or activities that result in civil liability.

Disclaimer of Warranties and Limitation of Liability

We, the staff of Thinking Cap Solutions, Inc., have made our best effort in preparing the products and materials appearing on the ALERTdata website including but not limited to our ALERTdata Blueprints for Supply Chain Managers. Analysis and data appearing on our products and website materials should be regarded as opinion. Our hope is that users will be successful in extracting value from the information included herein. However, we make no claims of warranty or merchantability or fitness of our products and website for any specific application. We do not provide any warranty guaranteeing uninterrupted access to this site, the availability of this site, or this site’s functionality. We do not warrant that the information or materials on this site are error free or make guarantees of timeliness. No advice we give, nor statements appearing in our products and website materials, shall create a warranty of any kind. TCS, its officers, employees, agents, affiliates and suppliers shall not, in any instance, be liable to the users of the information contained in our reports and related materials for loss of profits, lost savings, special, incidental, consequential, indirect or other damages. If you are dissatisfied with this site, its content, or the products available through this site, your sole remedy is to stop using this site.

Jurisdiction

The laws of the State of Washington, USA govern all disputes related to our terms of use and the relationship between users and Thinking Cap Solutions, Inc. without regard to conflicts in legal provisions. Users agree that any cases will be heard by the appropriate court in Clallam County, Washington, USA. Note: The failure to exercise or enforce any aspect of our terms of conditions does not under any circumstances constitute an exemption or waiver from any right or provision. Users agree that any claim or cause of action related to the use of ALERTdata.com must, regardless of law or statute, be filed within one year of the arising of such claim or action or be barred forever.

Modification of Terms of Use and Site

You agree that we may send you electronic mail for the purposes of informing you of any changes or additions to the ALERTdata.com website. TCS reserves the right to modify the Terms of Use associated with ALERTdata.com at any time and without notification. It is the responsibility of users to stay apprised of the current terms of use. Using the site after any modifications shall constitute acceptance of any changes in provisions or conditions. TCS, at its sole discretion, reserves the right to modify, suspend, restrict access or discontinue products, services, availability and any other offerings found on ALERTdata.com at any time, without notification and without penalty.

Right to Terminate

TCS, at its sole discretion, reserves the right to terminate access to a user deemed to be in violation of our terms of use.

Cancellations

Users may cancel a paid subscription at any time, but TCS will not provide any refund for the unused portion of any subscription period. We encourage potential users to ask for free samples of our products and to evaluate the products carefully prior to beginning a paid subscription.

User-Submitted Unsolicited Materials

Users understand that TCS does not wish to receive unsolicited materials through this site or by any other method. That includes materials that might be considered confidential, proprietary, secret or illegal.

Linking

Users agree that TCS is not responsible or liable for the accuracy of information or the quality of product and services appearing on any linked sites into or out of the ALERTdata.com website. Users also agree TCS shall be held harmless with respect to direct or indirect losses related to any causes of action arising from products and services on links appearing on this site or used to access this site. 

Privacy Policy

TCS does not provide the names of individual users of ALERTdata.com nor any other personal information including addresses, phone numbers and email addresses without the user’s consent. We do reserve the right to include the names of subscribing businesses, government agencies or other types of organizations when presenting lists of current or former subscribers.