PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE.
MicroTracker is a project of the Aspen Institute’s Economic Opportunities Program (“EOP”). The Aspen Institute, EOP and microTracker (collectively, the “Institute") reserve the right to amend, remove, or add to these terms and conditions at any time by posting new terms and conditions on this page. Such modifications shall be effective immediately and shall apply to any information you provide, or your use of the microTracker service, after such modification. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the microTracker site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by microTracker and shall be of no force or effect.
By using the microTracker web sites, you agree to the terms of our Privacy Policy, which is incorporated by reference.
You represent that you (a) have read and agree to be bound by the terms and conditions of service ("TOS") for www.microTracker.orgor any successor site; (b) you have the power and authority to enter into this agreement; and (c) you are at least eighteen (18) years old. You further agree: (a) to comply with U.S. law regarding the transmission of any data obtained from the microTracker site; (b) not to use the Service for illegal purposes; and (c) not to interfere or disrupt networks connected to the Service.
(a) Copyright and other Intellectual Property Rights. This Web site, including but not limited to text, content, photographs, video, audio and graphics (the "Service"), is protected by the patent, copyright, trademark and other laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by the Institute and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of the Institute and such others. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and the Institute, at all times be and remain the sole and exclusive property of the Institute and/or its licensors or affiliates. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to the Institute for its exclusive use. Except as specifically permitted herein, you shall not use the Institute’s Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without the Institute‘s prior written approval.
(b) Trademarks. MicroTracker is a service mark of the Institute. All rights in the microTracker mark are reserved except to the extent permitted under paragraph 7 below. You may not use the Institute’s name or the Institute Marks in any manner which creates the impression that such names and marks belong to you, are associated with you or are used with the Institute’s consent. You may not use any meta tags or any other “hidden text” utilizing the Institute’s name or marks, including “microTracker,” without the Institute’s express written consent. Other trademarks, product names, company names and logos appearing on this Web site are the property of their respective owners. You must obtain permission from those owners before copying or using their trademarks, product names, company names or logos.
(c) User‐Provided Content. You grant to the Institute the non-exclusive right to use any information or data, numeric or otherwise, that you submit in connection with the Service. You will continue to own any content that you provide in connection with the Service; however, you agree that the Institute will own any compilation of your content, used in conjunction with other users’ content. You are solely responsible for the content that you provide to the Service, including the content of any messages or information posted by you, or for the content of any information accessible via direct or indirect hyperlinks from the MICROTRACKER Web site. However, the Institute retains the right, which it may or may not exercise in its sole discretion, to review, edit or delete content you provide that the Institute deems to be illegal, offensive or otherwise inappropriate. Except as otherwise permitted in the TOS, you may not input or distribute any material through the MICROTRACKER Web site that is promotional in nature, including solicitations for funds or businesses without the Institute’s prior written authorization.
In addition to the warranty and representation set forth above, by posting a submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
You may not use the Service for any illegal purpose or in any manner inconsistent with the TOS. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use any data mining, robots or similar data gathering and extraction programs or methods, whether automated or manual, to access, acquire, copy or monitor any portion of the microTracker Web site or any data or content found on the site. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of microTracker.
If you become aware of any unauthorized access or use of the Service or any violations of the TOS, please notify the Institute by submitting feedback or writing to legal@aspeninst.org.
YOU MAY NOT COPY, REPRODUCE, DECOMPILE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE COPIES FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF THE INSTITUTE. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL.
The Institute grants you a non-exclusive, non-transferable, revocable limited license to access and use the Service and materials contained within the Service, subject to and in accordance with the TOS. Should you choose to download or print content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by the Institute ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.
As part of the account creation process necessary to obtain access to certain portions of the Service, you will select a username and a password. You agree to maintain only one account with the Service at any time and you certify that you currently have no other account(s) with the Service. The Institute reserves the right to deny creation of your account based on the Institute's inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You are fully responsible for all usage or activity or content provided through your MICROTRACKER account, including but not limited to use by any third party authorized by you to use your account. You shall immediately notify the Institute by submitting feedback or contacting legal@aspeninst.org of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. Notwithstanding anything else herein, the Institute reserves the right to pursue any and all claims against any user of your account.
The Institute reserves the right to terminate your account, in its sole discretion, at any time without notice. You may terminate your account at any time by submitting feedback. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within two (2) business days.
You may include a link(s) on your Web site to the www.microTracker.org home page, currently located at http://www.microTracker.org ("Home Page"). You may not link to www.microTracker.org any site containing profane, defamatory, infringing or otherwise inappropriate or unlawful material or information. You may not link to an internal or subsidiary page of this Web site that is located one or several levels down from the Home Page (“deep linking”), or bring up or present content on this Web site within another Web site (“framing”) without prior written approval from the Institute.
You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained within the Service, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and "AS AVAILABLE," and that the Institute makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use. The Institute does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. The Institute is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media and equipment you use to access the Service.
You agree that the Institute, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of the Institute, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns arising in connection with the Service, including lost profits; or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by the Institute. The Institute, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns are therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service.
For your convenience, the Institute may provide links to other Web sites operated by independent third-party entities. The inclusion of any such links does not constitute the Institute’s endorsement of such Web sites, or the content, services or operators of such Web sites. The Institute also disclaims any responsibility for the products or services offered or the information contained on these Web sites.
THE SITE AND THE DATA, INFORMATION, PRODUCTS, SERVICES AND/OR PROGRAMS PROVIDED THROUGH THE SITE (THE "INFORMATION") IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE INSTITUTE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE SITE OR ANY INFORMATION PROVIDED ON THE SITE. THE INSTITUTE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR THE INFORMATION AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE INFORMATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE INSTITUTE DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE OR THE INFORMATION, EVEN IF THE INSTITUTE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF THE INSTITUTE EXCEED THE AMOUNT THAT YOU PAID to THE INSTITUTE FOR THE SERVICE OR $100, WHICHEVER IS GREATER.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SITE.
IN NO EVENT WILL THE INSTITUTE BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, COST OF SUBSTITUTE GOODS, INTERRUPTIONS OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT, TORT OR BY OPERATION OF LAW, AND WHETHER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE SOFTWARE UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that the Institute will not be liable for defense or indemnity with respect to any claim against you by any third party arising from your possession or use of the Site.
In no event will the Institute’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount you paid for use of the Site.
You agree, at your own expense, to indemnify, defend and hold harmless the Institute, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns, against any claim, suit, action or other proceeding, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with the Service, or any links on the Service, including, but not limited to: (i) your use of the Service in violation of the TOS; (ii) your infringement of any Intellectual Property Right (as herein defined) of any third party, or of any right of personality or publicity; (iii) any content provided by you; (iv) any misrepresentation or breach of representation or warranty made by you contained herein; or (v) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from the foregoing.
The Institute reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Institute in asserting any available defense. You acknowledge and agree to pay the Institute's reasonable attorney fees incurred in connection with any and all lawsuits brought against you by the Institute under the TOS and any other terms and conditions of service on www.microTracker.org or any successor site, in which the Institute prevails, including without limitation, lawsuits arising from your failure to indemnify the Institute pursuant to the TOS.
Either you or the Institute may terminate the Service with or without cause at any time and effective immediately. The Institute may discontinue or modify the Service or Web site, or its availability to you, at any time. You may terminate the Service by discontinuing use of the Service and destroying all materials obtained from the Service. The Institute may block your access to the Service or Web site if, in the Institute's sole discretion, you fail to comply with any provision of the TOS. Upon termination by you or the Institute, you must destroy promptly all materials obtained from the Service and any copies thereof. Sections two through eleven (2-11) and fourteen through eighteen (14-18) shall survive any termination of the TOS.
The TOS shall be governed and construed in accordance with the laws of the District of Columbia, United States of America, without giving effect to conflicts-of-law principles thereof that might lead to the application of the law of another jurisdiction. If a dispute under this Agreement has not been resolved by the Parties within thirty (30) days of the first written notice of such dispute, such dispute, including to the extent that it may involve a request for injunctive relief, shall be submitted to binding arbitration and resolved by a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association then in effect. The arbitration proceeding shall be conducted in Washington, DC. The reasonable attorneys’ fees, as determined by the Arbitrator, of the prevailing party shall be paid by the non-prevailing party. The award or decision rendered by the arbitrator shall be final, binding and conclusive, and judgment may be entered upon such award by any court.
This Web site is controlled and operated by the Institute from its offices within the United States. The Institute makes no representation that the products, services and other materials available through this Web site are appropriate or available for use in any particular location. Access to these products, services and materials from countries where their content or use is illegal is strictly prohibited. Software from the Service is subject to United States export controls and may not be downloaded, exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country with respect to which the U.S. maintains a trade embargo prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List or Entities List. By downloading or using such software, you represent and warrant that you are not (i) located in or a national or resident of any such country or (ii) on any such list or acting on behalf of any person or entity on any such list.
The failure of the Institute to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. No waiver by the Institute of any right under the TOS will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
The section titles in the TOS are used solely for the convenience of you and the Institute and have no legal or contractual significance.
If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.
The TOS and any other terms and conditions of service on www.microTracker.org, and any successor site, constitute the entire agreement between you and the Institute and govern your use of the Service.
