By accessing, browsing, and/or using this website ("site") you acknowledge that you agree to these Terms. For an explanation of Pearl Meyer’s practices and policies related to the collection, use, and storage of our users’ information, please read our privacy policy.
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Pearl Meyer may periodically revise these terms at any time by updating this posting. Please check back from time to time. These terms were last updated on September 12, 2016.
Copyrights
The copyright for all materials provided on this site is held by Pearl Meyer or by the original creator of the material. All content and functionality on this site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Pearl Meyer or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
Use of Site Content
Except as stated herein, none of the materials may 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 Pearl Meyer or the copyright owner.
Pearl Meyer hereby grants permission to download one copy of the materials on this site on a single computer for your personal or internal business use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this Agreement. You may not "mirror" any material contained on this site without Pearl Meyer’s express written permission. Any unauthorized use of the materials contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.
Trademarks
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this site are registered and unregistered trademarks of Pearl Meyer. Other trademarks, service marks, and trade names may be owned by others. Nothing on this site should be construed as granting, by implication, any license or right to use any trademark or any other Pearl Meyer intellectual property displayed on this site. Pearl Meyer aggressively enforces its intellectual property rights to the fullest extent of the law. The name Pearl Meyer or any other trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior written permission from Pearl Meyer. Pearl Meyer also prohibits use of Pearl Meyer or any other trademark as part of a link to or from any site unless establishment of such a link is approved in advance by Pearl Meyer in writing.
User Postings
You acknowledge and agree that Pearl Meyer shall own and have the unrestricted right to use, publish (in electronic form and otherwise), distribute, and exploit any and all information that you post or otherwise publish on this site (“submissions”). You hereby waive any and all claims against Pearl Meyer for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution, or any other intellectual property rights in connection with Pearl Meyer’s use and publication of such submissions. This means that anything submitted by you to this site will be owned by Pearl Meyer and may be used by Pearl Meyer for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event Pearl Meyer’s ownership of such submissions is successfully contested, you automatically grant Pearl Meyer a perpetual, royalty-free, non-exclusive, unrestricted, worldwide, and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. Pearl Meyer does not represent or endorse the accuracy or reliability of any submissions displayed, uploaded, posted on any message board, or otherwise distributed through this site by any user of this site, information provider or any other third party. Pearl Meyer expressly disclaims any and all liability related to submissions, and you acknowledge that any reliance upon such submissions shall be at your sole risk. You covenant that you shall not post or otherwise publish on the site any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. Pearl Meyer in its sole discretion reserves the right to refuse to post and the right to remove any information or submission from this site, in whole or in part, for any reason.
No Services, Endorsement, or Professional Consultation
There may be delays, omissions, or inaccuracies in information obtained through your use of this site. This information is provided to you with the understanding that Pearl Meyer’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 this site should not be relied upon for making business, investment, or other decisions or used as a substitute for consultation with professional advisors. Moreover, Pearl Meyer does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded, or distributed through this site by Pearl Meyer, any user, information provider, or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option and risk. Moreover, Pearl Meyer does not grant any license or other authorization to you to use this site in any manner if such use in whole or in part suggests that Pearl Meyer promotes or endorses any third party’s causes, ideas, political campaigns, political views, web sites, products, or services.
Access to the Site
Pearl Meyer may alter, suspend or discontinue this site or your access to use this site at any time for any reason without notice or liability to you or any third party. This site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user’s systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from this site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair, or otherwise damage the user’s systems, software, or data.
Third-Party Websites
Pearl Meyer makes no representations whatsoever about any other web site which you may access through this one. When you access a non-Pearl Meyer website, please understand that it is independent from Pearl Meyer, and that Pearl Meyer has no control over the content on that website, even if Pearl Meyer provides information or services to the owner of that web site. In addition, a link to a non-Pearl Meyer website does not mean that Pearl Meyer endorses or accepts any responsibility for the content or the use of such website. In fact, Pearl Meyer 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 malware items of a destructive nature.
Disclaimer of Warranties
The site and all materials thereon are distributed on an “as is” basis without warranties of any kind. To the fullest extent permissible under applicable law, Pearl Meyer disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Specifically, but without limitation, Pearl Meyer does not warrant that: (1) the information on this site is correct, accurate, or reliable; (2) the functions contained on this site will be uninterrupted or error-free; or (3) defects will be corrected, or that this site or the server that makes them available are free of viruses or other harmful components. You hereby acknowledge that use of the site 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.”
Limitation of Liability
Under no circumstances shall Pearl Meyer 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, this site or the information contained on this site or obtained from your use of this site, including for viruses alleged to have been obtained from the site, even if Pearl Meyer has been advised of the possibility of such damages. In no event shall Pearl Meyer 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.
Indemnification
You hereby indemnify, defend, and hold harmless Pearl Meyer and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the indemnified parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. Pearl Meyer reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Entire Agreement
This Agreement constitutes the entire agreement between you and Pearl Meyer with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Pearl Meyer.
Contacting Pearl Meyer Regarding Website Policies and Practices
If you have any questions about this website privacy statement, the website terms of use, or your dealings with this website, you can contact:
Pearl Meyer & Partners, LLC
112 Worcester Street, Suite 302
Wellesley, MA 02481
Phone (508) 460-9600
E-mail info@pearlmeyer.com