Effective Date: This Terms of Use Agreement was last updated on July 16, 2009.

Acceptance of Terms of Use

Please read these Terms of Use carefully. By accessing the ITSM Manager Sites (the term "ITSM Manager Sites" refers to all ITSM Manager Websites, including but not limited to ITSMmanager.com, ITSMadviser.com, eConsultant.com as well as to the content on them) or any ITSM Manager content syndicated through an external site, you are indicating that you have read, acknowledge and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access the ITSM Manager Sites or any syndicated ITSM Manager content.

Your use of the ITSM Manager Sites is governed by the version of the Terms of Use in effect on the date each ITSM Manager Site is accessed by you. ITSM Manager reserves the right to modify these Terms of Use at any time, without prior notice, and your continued use of the ITSM Manager Sites constitutes agreement to all such changes. You are responsible for regularly reviewing the most current version of these Terms of Use. The Terms of Use are in addition to any other agreements between you and ITSM Manager, including any agreements that govern your use of products, services, content, tools, and information available on the ITSM Manager Sites.

No Professional, Management, or Operational Advice

The content on the ITSM Manager Sites is intended to be used for educational or informational purposes only, and is not intended to provide professional, management, or operational advice. Such educational or informational content should not serve as the basis for career or business decisions. ITSM Manager shall not be responsible or liable for the accuracy, usefulness or availability of educational or informational content transmitted or made available via the ITSM Manager Sites, and shall not be responsible or liable for any career or business decisions made based on such information. ITSM Manager recommends that you consult a professional advisor if you have any questions regarding your specific situation.

Copyright

All right, title and interest in the ITSM Manager Sites and any content herein contained or syndicated, including but not limited to all text, graphics, audio, video, interfaces and the selection and arrangements thereof, is the exclusive property of ITSM Manager, except as otherwise stated. Unless otherwise specified or agreed to by ITSM Manager, you may print, copy, or download any information or portion of the ITSM Manager Sites for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from the ITSM Manager Sites, except for the purposes expressly provided herein, without ITSM Manager's prior approval. If you copy or download any information or software from the ITSM Manager Sites, you agree that you will not remove or obscure any copyright or other notices or legends contained in such information. If you exercise your option to quote an excerpt from content obtained from the ITSM Manager Sites or syndicated content pursuant to the "fair use" copyright doctrine of United States Code, Title 17, you agree that will provide proper citation indicating that ITSM Manager is the source and copyright owner of the content. All software accessed from the ITSM Manager Sites is governed by the terms of the applicable software license agreement.

Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, ITSM Manager designates the following agent to receive notification of claimed infringement:

ITSM Manager
8912 E. Pinnacle Peak Road
Suite F9-230
Scottsdale, AZ 85255
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Trademarks

ITSM Manager, ITSM Adviser, eConsultant^SM and related Internet domains are trademarks, service marks, or otherwise protected assets of Mart Hank Rovers and/or ITSM Manager. The names of other companies and third party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any of these marks for any purpose other than source or quotation attribution unless you obtain the express written permission of ITSM Manager, or such third party, which may own the marks.

Third-party Content and Websites

The ITSM Manager Sites may include general news and information, commentary, interactive tools, quotes, research reports and data concerning business management, information technology, process improvement, and other subjects. Some of that content is supplied by companies not affiliated with ITSM Manager ("Third-party Content"). Third-party Content and its source is clearly and prominently identified.

Although Third-party Content may be framed-in on the ITSM Manager Sites, or available through a link to a third-party Website, ITSM Manager does not prepare, edit or endorse Third-party Content. ITSM Manager therefore does not guarantee its accuracy, timeliness, completeness or usefulness, and is not responsible or liable for any content, advertising, products or other materials on or available from third party Websites. Your use of Third-party Content is at your own risk.

The ITSM Manager Sites contain links to third-party Websites for your convenience only. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by ITSM Manager of any information contained in any third party Website. In no event shall ITSM Manager be responsible for the information contained on that Website or your use of or inability to use such Website. You should also be aware that the terms of use of such Website and the Website's privacy policy may be different from those applicable to your use of the ITSM Manager Sites.

Timeliness of Content

All content on the ITSM Manager Sites is presented only as of the date published or indicated, and may be superseded by subsequent industry events or for other reasons. You are responsible for adjusting the settings on your computer (e.g., cache, browser security levels, etc.) to ensure you are receiving the most recent data.

Means of Access

Unauthorized use of the ITSM Manager Sites and systems, including, but not limited to, unauthorized entry into ITSM Manager's systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use the ITSM Manager Sites in any manner that could damage, disable, overburden, or impair any ITSM Manager Site or interfere with any other party's use and enjoyment of any ITSM Manager Site. You may not attempt to gain unauthorized access to any ITSM Manager Site, computer systems or networks connected to any ITSM Manager Site, through hacking, password mining or any other means. You agree that you will not engage in any activities related to the ITSM Manager Sites that are contrary to applicable laws or regulations.

Account Access

Certain parts of the ITSM Manager Sites are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the ITSM Manager Sites, or to any other protected materials or information, through any means not intentionally made available by ITSM Manager for your specific use.

Account, User Name and/or Password Security

If you have an account, user name and/or password for access to non-public areas of the ITSM Manager Sites, you are solely responsible for all activities that occur in connection with your account, user name and/or password. Accordingly, you should take steps to protect the confidentiality of your account, user name and/or password. Notify ITSM Manager immediately if you become aware of any disclosure, loss, theft or unauthorized use of your account, user name and/or password.

If you provide your account, user name and/or password to any person, entity or other third-party, you thereby consent not only to access by such person, entity or third-party to your personal information maintained on the ITSM Manager Sites, but also to any subsequent use of your personal information by the person, entity or third-party to whom you have provided your account, user name and/or password. Consequently, you should carefully review the privacy policy maintained by such person, entity or third party governing the use of your personal information before you share your account, user name and/or password with any third-party. ITSM Manager shall not be responsible for any inappropriate use or distribution of your personal information by any party to whom you have provided your account, user name and/or password, or for any other consequences of your decision to provide your account, user name and/or password to another party. Further, ITSM Manager will not be responsible for any inappropriate use or distribution of your personal information or any other consequences by any party as a result of unauthorized access.

Privacy Policy

For general information about online privacy and how to protect your personal information, please visit the Internet Education Foundation at http://privacy.getnetwise.org/.

ITSM Manager is committed to protecting your privacy and ensuring you have a positive experience on the ITSM Manager Sites.

Collection of Personal Information

"Personal Information" is any information that can be used to identify an individual, and may include, but is not limited to, name, email address, postal or other physical address, credit or debit card number, title, occupation, and other information required to provide a service, deliver a product, or carry out a transaction you have requested. Some of the reasons we collect your Personal Information include:

• Registration for an account
• Use of certain features, products, or services
• Requesting service and support for our products or services
• Placement of a transaction or order
• Registration to attend a seminar
• Participation in an online survey
• Submission of an entry for a sweepstakes or other promotion
• Participation in discussion groups or forum
• Collaboration efforts
• Registration to membership programs or newsletter subscriptions

Use of Personal Information

Your Personal Information will be used only in the way specified at the time of collection. ITSM Manager never shares any Personal Information with any third-party or partner without your specific, explicit consent.

You may remain registered at the ITSM Manager Sites and still opt-out of any email or external contact. To manage your contact information and preferences, please visit our Contact Us page.

Non-personal and Anonymous Information

In some instances, the ITSM Manager Sites may collect non-personal (aggregate or demographic) data through cookies or Web logs. This information is used to better understand and improve the usability, performance, and effectiveness of the Websites.

A cookie cannot read personal data off your hard disk or read cookie files created by other sites. The only Personal Information a cookie can contain is information you supply yourself. Accepting the cookies used on the ITSM Manager Sites may give us access to information about your browsing behavior, which we may use to personalize your experience and track user traffic patterns, and to merge this info when you register. We do this in order to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information. You may browse most of the ITSM Manager Sites without accepting cookies; however, some Website functionality may be lost by disabling cookies on your computer.

In addition, by using some of our products or services, anonymous network information may be transmitted back to us such as access times to our databases, page-load times, or the IP address that originated the request. This information does not include or associate itself with any Personal Information. It is used for purposes of improving the overall Website experience and to preclude any overburdening of Website resources.

Disclaimer

Except as expressly provided otherwise in a written agreement between you and ITSM Manager, the materials and services on ITSM Manager Sites are provided "as is" and "as available." ITSM Manager does not warrant that any defects or inaccuracies will be corrected.

ITSM Manager does not make any warranties of any kind, either express or implied, including but not limited to, the implied warranties of fitness for a particular purpose or merchantability, or the warranties of title, quality, or non-infringement.

ITSM Manager does not warrant that the ITSM Manager Sites will meet your needs, or that the ITSM Manager Sites will be uninterrupted, timely, secure or error-free. ITSM Manager also makes no warranty that the results obtained from the use of the ITSM Manager Sites will be accurate or reliable, or that the quality of any products, services, information, or other material obtained by you through the ITSM Manager Sites will meet your expectations.

Limitation of Liability

ITSM Manager and its affiliates shall not, under any circumstances, be liable to any person or organization for any damages whatsoever, including any special, incidental, indirect or consequential damages (such as damages resulting from use of or reliance on the information presented on ITSM Manager Sites, loss of profits, loss of revenue, loss of use, or costs of replacement goods), even if informed in advance of the possibility of such damages.

ITSM Manager will not be liable to you or anyone else for any loss resulting from a cause ITSM Manager cannot control, including, but not limited to, failure of electronic or mechanical equipment or communications lines (including, but not limited to, telephone, cable and Internet), unauthorized access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of God), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency, or action of the government.

Indemnification

As a condition of your use of the ITSM Manager Sites, you agree to indemnify and hold ITSM Manager, its parents, subsidiaries, affiliates, assigns, officers, partners, and employees, harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the ITSM Manager Sites, or from your violation of these Terms of Use.

Changes to ITSM Manager Sites

ITSM Manager reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the ITSM Manager Sites for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on the ITSM Manager Sites may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and ITSM Manager does not undertake any obligation or responsibility to update or amend any such information. ITSM Manager may discontinue or change any product or service described in or offered on the ITSM Manager Sites at any time.

Termination

ITSM Manager may terminate your access to the ITSM Manager Sites for any reason, without prior notice.

Governing Law

Unless otherwise agreed, these Terms of Use and their enforcement is governed by the laws of the State of Arizona, without regard to conflicts of law, and shall inure to the benefit of ITSM Manager's successors and assigns, whether by merger, consolidation, or otherwise.

International Users

The ITSM Manager Sites are controlled, operated and administered by ITSM Manager from its offices within the United States of America. Access to the ITSM Manager Sites, from territories where the content of the ITSM Manager Sites is illegal, is prohibited. If you access the ITSM Manager Sites outside of the United States of America, you are responsible for compliance with all local laws.

Severability

If a court of competent jurisdiction deems any provision of these Terms of Use unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.