©2020 Kaufman, Hall & Associates, LLC
Terms of Use
Thank you for purchasing a License to Kaufman Hall Flash Reports. This website and its subdomains (“Website”) are operated by Kaufman, Hall & Associates, LLC (“Kaufman Hall”) whose contact details are on the Website. Kaufman Hall provides its content on this Website subject to the following terms and conditions of use (the "Terms of Use") and by using this Website or downloading materials from this Website, you agree to the new title of Licensed User and to be bound by these Terms of Use. If you are a business entity, by using this Website you agree i) to require each of your employees that use or access the Website to be bound by these Terms, and (ii) you remain responsible and liable for all acts and omissions of your employees in connection with the use of the Website, including any breach of these Terms of Use. If you do not agree to abide by these Terms of Use set forth in this notice, then do not use this Website or download materials from this Website. Please see Kaufman Hall’s Online Privacy Statement regarding collection and use of your personal information or data. Kaufman Hall reserves the right to change any information on this Website, including but not limited to revising and/or deleting features or other information without prior notice to you. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS. ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED. License Kaufman Hall grants you a non-exclusive, non-transferable, limited permission to access and display the Website pages within this site as a customer or potential customer of Kaufman Hall provided you comply with these Terms of Use, and all copyright, trademark, and other proprietary notices remain intact. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this Website.) All other use of this Website or the Content is prohibited. Except for the limited permission in the preceding paragraph, Kaufman Hall 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 this Website on another site or in any other media. Any software and other materials that are made available for downloading, access, or other use from this Website with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this Website 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, custody or control Intellectual Property Information The Website and its contents and any downloads from this Website, including text, graphics, logos, icons, video recordings, audio recordings, and images as well as the compilation, selection and arrangement thereof, are owned by Kaufman Hall or made available to Kaufman Hall by arrangements with third-parties (“Content”). All Content on this Website is protected by United States and international intellectual property laws. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication, or modification of our Website Content by any person without Kaufman Hall’s prior written authorization is strictly prohibited and may be a violation of federal, state, or common law, federal, state, or international trademark laws, trade dress laws, patent laws, and/or United States or international copyright laws and may subject such violator to legal action. All trademarks on the Website are either the property of Kaufman Hall or their third-party licensors. All custom graphics, button icons, and logos are the trademarks, service marks, or trade dress of Kaufman Hall.  Nothing on the Website or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without the prior written consent of the trademark owner for each such use. We reserve all rights not expressly granted herein. Authorized Use As Kaufman Hall or third parties own the Content of this Website, you may not copy, download, reproduce, republish, distribute, display, post, or sell by any means in whole or in part, any of the Content without Kaufman Hall’s prior written consent, except that Kaufman Hall consents to downloading or printing the Content, in whole or in part,  for internal uses that are not competitive with or derogatory to Kaufman Hall, provided that (i) you do not modify the Content in any way, and (ii) you keep the logos, trademarks, legends, and/or copyright notice intact and displayed on all copies. Please note that this limited consent may be revoked at any time for any reason. No other use is permitted without Kaufman Hall’s written permission. Hyperlinks Certain links in this Website connect to other websites maintained by third parties over whom Kaufman Hall has no control. Kaufman Hall is not responsible for any of these third party websites or for their content (including any products or services that may be offered through these websites) or for transmissions you may receive from these third party websites. Kaufman Hall provides these links as a convenience and Kaufman Hall’s use of these third party links does not imply an endorsement or recommendation by Kaufman Hall as to the third party website, content, products or services. Kaufman Hall makes no representations or warranties as to the accuracy of, or any other aspect relating to, other Websites. Your use of the third party links or the content thereon is at your own risk and may be subject to those third party websites’ terms of use. Submissions By submitting any questions, comments, suggestions, ideas, feedback or other information about the Website ("Submissions"), you grant Kaufman Hall exclusive rights in such Submissions, including all intellectual property rights, including the right to use, modify, reproduce, transmit, display and distribute these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Privacy Kaufman Hall is committed to the privacy of its Website visitors, users. Click here to view the Kaufman Hall Online Privacy Statement. By using this Website, you are consenting to have your personal data transferred to and processed in the United States. Disclaimer of Warranties This Website and its Content contains general information, may be based on authorities that are subject to change, and is not a substitute for professional advice or services. This Website and its Content do not constitute professional advice, and you should consult a qualified professional advisor before taking any action based on the information herein. Kaufman Hall, its affiliates, and related entities are not responsible for any loss resulting from or relating to reliance on this Website by any person. THIS WEBSITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS, INFORMATION, DATA, SERVICES, UNINTERRUPTED OR ERROR FREE ACCESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM SUCH USE. Limitation of Liability IN NO EVENT SHALL KAUFMAN HALL BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, TORTIOUS ACTION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR CONTENT, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, KAUFMAN HALL WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY CONTENT POSTED ON THE WEBSITE BY US OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY OF KAUFMAN HALL FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU US TO ACCESS AND USE THE APPLICABLE WEBSITE. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF KAUFMAN HALL SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Indemnification You agree to defend, indemnify, and hold harmless Kaufman Hall from and against any claims, actions, or demands, including without limitation reasonable legal fees, arising or resulting from your breach of these Terms of Use or your access to, use, or misuse of the Website or Content. Claims of Copyright Infringement The DMCA (“Digital Millennium Copyright Act”) provides remedies for copyright owners who believe that material appearing on the internet infringes their U.S. copyright(s). If you believe in good faith that the Content made available on our Website infringes your copyright, you (or your agent) may send us a notice requesting that the copyrighted material be removed. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter notices should be sent to Kaufman Hall via email at legalnotice@kaufmanhall.com, or by writing to Kaufman Hall at: Kaufman, Hall, and Associates, LLC
ATTN: General Counsel – DMCA Notice
5202 Old Orchard Road, Suite N700
Skokie, Illinois  60077 Miscellaneous The Terms of Use and the relationship between you and Kaufman Hall shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Kaufman Hall agree to submit to the personal and exclusive jurisdiction of the courts located within Cook County, Illinois. The failure of Kaufman Hall to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action that You may have arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim  or cause of action arose or be forever barred. These Terms of Use, and any applicable supplement, represent the entire agreement between Kaufman Hall and you regarding the use of the Website. If any term in this Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under this Terms of Use. Last Updated: June 8, 2018
Terms of Use