Terms and Conditions
These Terms and Conditions (“Terms and Conditions” or “Terms of Service”) govern your use of irjpro.com, and any other sites with redirects to this webpage, respectively (collectively, this “Site”), which are provided by “Simmons-Boardman Publishing Corporation” (hereinafter referred to as“SB Publishing” or “we”. As used in these Terms and Conditions, the term “including” means “including, but not limited to.” If there are any questions regarding these Terms and Conditions you may contact us via the IRJ Pro contact page or via email.
I. Acceptance & Modifications
3. ACCEPTANCE OF OTHER SB Publishing AGREEMENTS: We may also require you to follow additional rules, guidelines or other conditions to sign up to use various special features or password-protected areas of this Site, to participate in certain promotions or activities available through this Site, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked “I agree.” If any of additional terms are different than the terms of these Terms and Conditions, the terms of the additional terms will supplement or amend these Terms and Conditions, but only with respect to the matters governed by the additional terms.
5. MODIFICATIONS OF THESE TERMS AND CONDITIONS: We may update or modify these Terms and Conditions at any time without prior notice, by posting changes on this site (irjpro.com/terms). These changes will be effective as of the date we post the revised version on this Site, except that changes to subscription fees and features will become effective as to any existing subscriber upon completion of its then-current subscription term. By using this Site following any such changes to these Terms and Conditions, you agree to be bound by those changes. Your only right with respect to any dissatisfaction with any revisions to the Terms and Conditions is to cancel your subscription to this Site and discontinue your use of this Site. For your convenience, whenever these Terms and Conditions are changed, we will update the sentence below: THESE TERMS AND CONDITIONS WERE MODIFIED AND WENT INTO EFFECT ON JULY 06, 2017.
II. Application, Term, Fees & Payment
1. APPLICATION: You may subscribe to this Site online via the Pricing Page. Subscription applications submitted online are considered “pending acceptance and approval” and are not complete until a confirmation of approval and acceptance has been sent by SB Publishing. In the event an application cannot be accepted, any payment made shall be refunded or credited to the credit card account within a reasonable period.
2. TERM: The term of the agreement set forth on the Order Form (the “Initial Term”), is not cancellable during that time. SB Publishing may terminate this Agreement upon at least ninety (90) days advance written notice in the event that SB Publishing generally discontinues offering to its customers the product or service provided hereunder, provided that Customer may, at its discretion, elect to receive a pro rata refund of any fees paid in advance or apply such fees toward a subscription to an alternative SB Publishing service or product. If you undertake any action or fail to take any action in breach or contravention of these Terms and Conditions, including failure to make any required payment when due, SB Publishing may immediately and without notice terminate your subscription and/or block or prevent your access to and use of this Site.
3. FEES AND PAYMENT: The current subscription fees for the various subscription plans may be found on the Pricing Page of this Site or on the Pricing Schedule sent to you by E-Mail from an SB Publishing employee. Customer agrees to pay the fees set forth in the Order Form in accordance with the schedule in the Order Form. All payments are due 30 days after the date of invoice. SB Publishing may, in its discretion, increase fees payable hereunder by up to fifteen percent (15%) per year during each calendar year following the Initial Term, and Customer hereby agrees to any such increase. SB Publishing may increase fees payable hereunder by more than fifteen percent (15%) during each calendar year following the Initial Term, provided that any increase in excess of fifteen percent (15%) shall become effective only upon sixty (60) days advance written notice to Customer, and Customer shall have the right to terminate this Agreement on written notice to SB Publishing delivered within thirty (30) days of receipt of the notice. The fees and expenses to be paid by Customer do not include any federal, state, local or foreign taxes, duties or levies of any nature. Any taxes required to be paid by SB Publishing as a result of the services provided hereunder, other than taxes based on SB Publishing’s income, shall be billed to and paid by Customer. Credit Card and bank debit payments will be processed and billed to Customer’s credit card or bank account (as the case may be). SB Publishing may pre-authorize such charges with the credit card company or bank. You must provide SB Publishing with current, valid credit card account information at any time during your subscription. Customer shall pay all costs of collecting overdue payments including reasonable attorneys’ fees and court costs. A charge of one and one half percent (1.5%) per month (or, if less, the maximum rate permitted by law) may be added by SB Publishing to any overdue amounts. Customer shall notify SB Publishing of any billing discrepancies within 90 days after they first appear on Customer’s account statement or it waives any right to dispute discrepancies. SB Publishing may suspend its performance if any undisputed payment is past due; suspension will not relieve Customer of its obligation to pay in full.
III. Data License, Property Rights & Miscellaneous
1. LICENSE: Subject to all of the terms and conditions hereof, Customer is hereby granted a non-transferable, non-assignable and nonexclusive license to use data, reports, work product and services purchased or licensed during the Term, (the “Information”), solely for Customer’s internal business purposes. If the product is a subscription to a database, the license granted to Customer is limited to the number of users specified on the Order Form. SB Publishing may remove any Information or user interface without notice.
2. DISCLAIMER, LIMITATION OF LIABILITY, INDEMNITY: EXCEPT AS EXPLICITY STATED HEREIN, SB Publishing MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE INFORMATION OR ANY OTHER MATERIALS, INTERFACES, BANNERS, eNEWSLETTERS, LISTS, OR SERVICES PROVIDED HEREUNDER OR GUARANTEE OF ANY RESULTS TO BE DERIVED THEREFROM. WITHOUT LIMITATION OF THE FOREGOING, THE INFORMATION AND SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, AND SB Publishing HEREBY DISCLAIMS ALL REPRESENTATIONS OR WARRANTYS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, DESIGN, CONDITION, QUALITY, ACCURACY, RELIABILITY, CAPACITY, MATERIAL, WORKMANSHIP, COUNTS, SCALES, COMPLETENESS OR THE LIKE, OR THAT ANY SERVICES SHALL BE UNINTERRUPTED, IT BEING EXPRESSLY AGREED THAT ALL SUCH RISKS SHALL BE BORNE BY CUSTOMER. Customer further agrees to verify all scales, dimensions, values, costs, quantities and any other data pertaining to Customer’s use of the Information. SB Publishing disclaims all liability regardless of whether such liability is based on contract, tort (negligence), strict liability, equity, statute, or any other theory of liability. Under no circumstances shall SB Publishing or its affiliates be liable to Customer or any other person or entity for any incidental, special or consequential damages of any nature or kind whatsoever, including any interruption of, or loss of, service, any loss of goodwill or profits, or business loss arising out of, or in connection with, any deficiency or inadequacy of Information or other materials, work product or services made available by SB Publishing or the preparation of proposals or bids using any of the foregoing items regardless of whether SB Publishing has been advised of the possibility of such damages or if such damages were reasonably foreseeable. SB Publishing’s aggregate liability for damages hereunder shall not exceed the amount of fees actually paid by Customer to SB Publishing under this Agreement during the prior 12 months. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT AND COMPLETION OF SERVICES. Customer shall indemnify, defend and hold harmless SB Publishing and its affiliates and their employees, directors, agents, licensors, representatives and contractors, against any loss, claim, judgment or expense, including reasonable attorneys’ fees, arising out of (i) any breach by Customer of any representation, warranty, covenant or other term or condition hereof, or (ii) any claim or threatened claim by any individual or entity made against SB Publishing or its affiliates relating to Customer’s use of the Information or any other services or products provided by SB Publishing.
3. PROPRIETARY RIGHTS: The Information and all metadata concerning the Information and its use, and all services, constitute proprietary, confidential and trade secret information belonging to SB Publishing or its licensors. As between the parties, SB Publishing shall retain all right, title and interest in and to the Information and services, including all copyrights, trade secrets and other proprietary rights therein. Customer acknowledges, and agrees not to challenge in any fashion, that the Information: (i) constitutes original collections and assemblies of pre-existing data, the selection, coordination and arrangement of which results in works which are original, (ii) contains data which is not pre-existing, but instead is SB Publishing’s own original expression; and (iii) derives value from information gathered and published by SB Publishing in a prompt fashion. Customer shall not create derivative works based on the Information. All rights not expressly licensed to Customer hereunder are hereby reserved by SB Publishing and/or its licensors.
4. NONDISCLOSURE RESTRICTIONS: Customer agrees not to disclose or otherwise make the Information available to any person other than employees of Customer required to have such knowledge in the normal course of Customer’s business. Customer may provide Information to independent contractors in Customer’s sales channel (for example distributors and independent representatives) who are required to have such knowledge in the normal course of Customer’s business provided each independent contractor agrees in writing to nondisclosure restrictions at least as protective of SB Publishing’s rights as this Agreement. Customer, its employees and independent contractors may not directly or indirectly: (i) copy the Information, or disclose, publish, distribute, transfer or disseminate the Information or project leads based on the Information to any third party; (ii) use the Information in a manner that violates any applicable law, copyright or other third party right; (iii) use the Information to compete with any products or services of SB Publishing or its affiliates or to provide benchmark results. Customer represents, warrants and covenants to SB Publishing that it and its employees and independent contractors who receive Information, are not, and shall not be during the Term, suppliers of project leads to other entities. Customer represents, warrants and covenants to SB Publishing has entered into this Agreement under its true name and is not, directly or indirectly, impersonating any real or fictitious person or entity or otherwise acting to withhold the actual identity of Customer. Customer shall be responsible for breaches of this Section by its employees or independent contractors. Each user must have his or her own user name and password. SB Publishing shall have the right to review records of Customer relating to compliance with this Section “Nondisclosure Restrictions” on not less than ten (10) days prior written notice. SB Publishing will hold all information disclosed by Customer pursuant to this Section “Nondisclosure Restrictions” in confidence and use it solely to enforce its rights.
5. NO-SHARING POLICY: Your subscription, including your username and password, are personal to you and may not be used by anyone else. Any sharing of your account information, login, passwords, or the information, content and data provided by this Site, with any other person, firm or entity is strictly prohibited. You are responsible for maintaining the confidentiality of your password and username. You are also responsible for every instance in which your account information, login, passwords, or the information, content and data provided by this Site is used by someone other than you, whether or not authorized by you. SB Publishing reserves the right, and you hereby authorize SB Publishing, to charge your credit card an additional subscription fee for such use in violation of this no-sharing policy. Access to this Site through the use of a specific user name and password will be terminated if there is an attempt to establish concurrent access to this Site using the same user name and password. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by e-mailing us. Until we are so notified you will remain liable for any unauthorized use of your account.
6. WEBSITE TERMS AND CONDITIONS: All access to SB Publishing websites is subject to the following terms: Customer may not use any SB Publishing website in an unlawful manner or to promote unlawful conduct or in a manner likely to give rise to civil liability, impersonate, or misrepresent Customer’s affiliation with, any other person or entity, engage in spamming or “flooding,” “scrape,” “deep-link,” “robot,” “bot,” “spider,” “data mining,” “computer code” or use any other automated means to extract data or other information from an SB Publishing website, frame an SB Publishing website, or attempt to gain unauthorized access to other computer systems through an SB Publishing website. Customer may access a SB Publishing website using a password only if all information provided during the registration process is correct and kept updated. Customer is responsible for all use of passwords used in conjunction with Customer’s account, and agrees not to use any other entity’s user name, password or account number. Customer agrees that SB Publishing has no liability for information, services or materials provided by third party web sites to which links are provided on an SB Publishing website. We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
7. FORCE MAJEURE: No delay, failure or default in performance of any obligation of either party hereunder, except payment obligations, shall constitute a breach of this Agreement to the extent caused by events or conditions beyond the affected party’s reasonable control (such as, without limitation, war, acts of terrorism, acts of government, natural disasters, fire and explosions (“Force Majeure Events”).
8. TRADEMARKS: The IRJ Pro names and logos, all product and service names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of International Railway Journal (the “IRJ Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on this Site are the property of their respective owners. You are not authorized to display or use the IRJ Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on this Site without the prior written permission of such owners. The use or misuse of the IRJ Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. In particular, you may not use any trademark displayed on this Site as a “hot” link without the prior written approval of the trademark owner.
9. MISCELLANEOUS: Any disputes arising hereunder shall be subject to the exclusive jurisdiction of the state or federal courts located in the United States, and the parties consent to the personal jurisdiction of such courts. This Agreement and performance hereunder shall be governed by the laws of the United States without reference to conflict of laws principles. Customer may not assign its rights, duties or obligations under this Agreement to any person or entity without the prior written consent of SB Publishing. SB Publishing may assign this agreement. Customer shall comply with all laws, including export control laws and regulations, applicable to its use of the Information. The waiver or failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder. SB Publishing and Customer are independent contractors. SB Publishing may use third party contractors to perform any of its obligations under this Agreement. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent omitted, and the balance of the Agreement shall remain enforceable. All notices, including notices of address change shall be in writing and shall be deemed to have been given when personally delivered, mailed by certified mail return receipt requested, or when sent by recognized overnight courier service to the address of IRJ Pro, International Railway Journal, 46 Killigrew Street, Falmouth, Cornwall TR11 3PP, UK. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and there are no representations, understandings or agreements, which are not fully expressed herein. No amendment, change, waiver, or discharge hereof shall be valid unless in writing and signed by both parties.
IV. Removal of Content
In general, you can report objectionable content on this Site by e-mailing us at IRJpro@railjournal.co.uk. SB Publishing does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of Content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please email us immediately at firstname.lastname@example.org. Your notice must be in writing to The President, 55 Broad Street, 26th Floor, New York, NY 10004 and must include:
1. an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
4. your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner; and
5. a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident
Simmons-Boardman Publishing, Inc. (together with its subsidiaries Davison Publishing and Simmons-Boardman Books, Inc. (collectively “Simmons-Boardman” or “we”)) is one of the oldest, most well-respected business-to-business publishers of print and digital media products. Among those products are the several magazines and directories, including: Sign Builder Illustrated, Banking Exchange, Railway Age, Marine Log, International Railway Journal, IRJ Pro, Global Rail Tenders, Bar Business, Railway Track & Structures, Railway Educational Bureau, Marine Yellow Pages, Textile Blue Book, Fence & Deck Blue Book, Box & Carton Blue Book, Tile & Stone Blue Book.
Simmons-Boardman collects personal information about customers that subscribe for its publications or otherwise purchase products, individuals who register for a Simmons-Boardman event or register to receive information from Simmons-Boardman, and users of its websites. As described below, the personal information we collect typically includes first name, last name, email address, phone number, country, and state or province. As we are a B2B publishing company, we may ask for some information about your employer, including the company name and your job title. We disclose personal information to third parties only as necessary to facilitate the delivery of products or service, or perform our business obligations.
The types of personal information that Simmons-Boardman collects and how it is used can generally be categorized as follows:
Like other companies, Simmons-Boardman collects certain information about visitors to its websites. This includes information about your internet connection, your IP address, the equipment you use to access our website, usage details, and search queries submitted on the websites. We may also collect non-personal information automatically as you navigate through our websites, using technologies such as cookies, flash cookies, and web beacons. This technology allows our web servers to automatically recognize and collect the domain name and IP address of visitors to our websites.
We use the information gathered through these technologies to improve your experience on our websites, analyze trends, track visitor movements, diagnose problems, gather information on visitor preferences, and better meet your needs. We do not respond to “do-not-track” signals, as we do not track visitors across websites.
As explained below, we may share your personal information with the following third-parties in certain circumstances:
We reserve the right to share your personal information to a successor or acquiring company, in the event all or part of our business is sold, merged, dissolved, acquired, reorganized, or subject to a similar transaction. We also reserve the right to share your personal information as necessary to comply with a subpoena or similar investigative demand, court order, request for cooperation from law enforcement or another government entity, as well as to exercise our legal rights, defend against legal claims, or as otherwise required by law.
You can chose not to provide us with certain information, but that may result in you being unable to use certain features of our website, request information from us, purchase products or services, ask questions, or initiate other transactions on our website. You can also set your browser to notify you when you receive a cookie, giving you the chance to accept or reject it. And you can opt out of receiving marketing emails from us by clicking the unsubscribe link in those emails.
We take appropriate security measures (including physical, technical, and administrative measures) to help safeguard your personal information from unauthorized access and disclosure. No system, however, can be completely secure. We are not responsible or liable for the illegal acts by third parties (such as hacking). If you have questions about the security of your personal information, please contact us at email@example.com.
Our websites may contain links to the sites of third parties. Simmons-Boardman is not responsible for the privacy practices of other entities. We encourage you to review the privacy policies of any third parties before sharing information.
You can opt-out to the creation of a user profile, Hotjar’s storing of data about your usage of our site and Hotjar’s use of tracking cookies on other websites by following this opt-out link.
The IRJ Pro application uses Google Analytics, an analysis service by Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Google Analytics allows IRJ Pro to analyze the IRJ Pro application usage.
The information about your visit collected by Google Analytics is usually transferred to a Google server in the USA and saved there. Google will use the information collected on behalf of the application operator to evaluate the users’ use of the application, to compile reports about the users’ activities within this application, and to provide further services for the application operator related to the use of the application.
IRJ Pro will not gather any personally identifiable information through Google Analytics. You can find more information about what data can be collected via Google Mobile App Analytics here.
By using IRJ Pro Apps and the Website, the user explicitly consents that his or her information is collected via Google Analytics.
Our websites are general audience websites and are not directed at, or intended for use by, children under 13. Accordingly, we do not knowingly collect personal information from children under the age of 13.
Simmons-Boardman is headquartered in New York and may share or transfer information between its offices and among its subsidiaries and affiliates. If your information was collected outside the United States, it may be necessary to transfer your information to the United States for processing in order to provide you with requested products and services. You understand and agree that information you provide may be sent to and processed by Simmons-Boardman in the United States. The data protection laws in the United States may not be the same as the data protection laws in your home country. Further, in appropriate circumstances, we may use specific contracts approved by the European Commission that afford personal data certain protections similar to that afforded by E.U. law. Please contact us at firstname.lastname@example.org if you want further information on the mechanisms used when transferring your personal data out of the country where it was collected.
The accuracy of your information is important to us. If you change your email address, or if any of the other information we hold about you is inaccurate or out of date, please contact us at email@example.com to update your information. If you are located in certain jurisdictions, you have the right to ask for a copy of the information we hold about you or other rights as set forth in applicable law. We reserve the right to limit or deny access to personal information where providing such access is unreasonably burdensome or expensive under the circumstances or as otherwise permitted by applicable law. E.U. data subjects’ rights under the GDPR are explained below.
The E.U.’s General Data Protection Regulation provides E.U. residents with certain rights pertaining to their personal information. Specifically, if you are located in the E.U., you may request information regarding whether Simmons-Boardman is processing your personal information, its purposes in doing so, how it obtained your personal information (if you didn’t provide it directly), who it may have been shared with, and how long it will be retained. Further, you have the right to request that Simmons-Boardman correct your personal data if it is inaccurate and, in certain circumstances, may ask Simmons-Boardman to erase the data or stop using it. Finally, subject to certain limitations and when feasible, you may request that Simmons-Boardman provide you with a copy of your personal information or transfer it to another entity. If Simmons-Boardman denies this request, it will provide any explanation why. Otherwise, to the extent feasible, it will provide you with a copy of your personal data within a reasonable amount of time.
Additional information on your rights under the General Data Protection Regulation is available from the U.K.’s Information Commissioner’s Office. If you are located in the E.U. and have a concern about Simmons-Boardman’s processing of your data, you may have the right to make a complaint to the appropriate data protection authority in the E.U.
Please note, as indicated previously, your personal information may be transferred to servers in the United States. Simmons-Boardman only transfers your personal information with your consent, to perform a contract with or obligation to you or your employer, or to fulfill a compelling legitimate interest that does not outweigh your rights and freedoms. Because the United States has not received a finding of “adequacy” from the E.U., and except as set forth above, Simmons-Boardman relies on derogations set forth in Article 49 of the GDPR to transfer your information to the United States.
If you have any questions about this Policy or our information-handling practices, please contact us at firstname.lastname@example.org.