304 North Cardinal St.
Dorchester Center, MA 02124
Monday to Friday: 7AM - 7PM
Weekend: 10AM - 5PM
304 North Cardinal St.
Dorchester Center, MA 02124
Monday to Friday: 7AM - 7PM
Weekend: 10AM - 5PM
Terms of Service
Last Updated: April 27, 2022
5 .1. In General. sears-tower-facts.com offers the opportunity to sign up to obtain enhanced Content and features through sears-tower-facts.com Advanced Consulting. By using or accessing any products, Content, features, Services or events offered through sears-tower-facts.com Advanced Consulting, you agree to be bound by the terms and conditions of this Section 5, which are specific to use of sears-tower-facts.com Advanced Consulting and shall not apply to the use of any of the Services other than sears-tower-facts.com Advanced Consulting.
5.2. sears-tower-facts.com Advanced Consulting Account. In order to access certain features of sears-tower-facts.com Advanced Consulting, you will be required to create an online account (the “Premium Account”). You agree to: (A) take reasonable measures to maintain the security of your user identification, password and other information relating to your Premium Account; (B) refrain from sharing your Premium Account password or from allowing access to your Premium Account by any third party; (C) be solely responsible for the security, confidentiality, legality and integrity of all messages and Content that you receive, transmit or store using sears-tower-facts.com Advanced Consulting and the Premium Account; (D) be responsible for all charges resulting from use of your Premium Account, including unauthorized use prior to your notifying sears-tower-facts.com in writing of such use and taking steps to prevent its further occurrence, including by changing your password; (E) comply with the terms and conditions set forth herein; and (F) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of sears-tower-facts.com Advanced Consulting.
5.3. Fees; Payment Terms; Account Cancellation.
sears-tower-facts.com charges a subscription fee (“Fees”) for the use of sears-tower-facts.com Advanced Consulting. By registering for a Premium Account, you agree to pay sears-tower-facts.com the Fees applicable to the account level chosen. Unless otherwise stated, all Fees are in U.S. Dollars. sears-tower-facts.com expressly reserves the right to change the Fees at any time, upon 30-days written notice to you at your registered email address. The Fees do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use sears-tower-facts.com Advanced Consulting, which shall be your sole responsibility. All Fees will be billed to your credit card at the current international currency conversion rate. You are responsible for and shall pay sears-tower-facts.com all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (collectively, “Taxes”) for the use of sears-tower-facts.com Advanced Consulting, whether imposed now or hereinafter by any governmental entity. For any upgrade or downgrade in plan level that you elect, your credit card will automatically be charged the new rate on your next billing cycle.
All Fees are paid in advance and are refundable for 30 days of the initial purchase unless otherwise stated by a contract between sears-tower-facts.com and the customer. After the 30-day period, there will be no refunds or credits for partial months of service, upgrades/downgrades, or for months when you did not use sears-tower-facts.com Advanced Consulting. We reserve the right to deactivate your access to sears-tower-facts.com Advanced Consulting if you fail to pay applicable fees. You must provide current, complete, and accurate billing information. You must promptly update all billing information to keep your account current, complete, and accurate (such as by furnishing a new billing address, credit card number or expiration date), and you must promptly notify sears-tower-facts.com if your credit card is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). You authorize us to obtain updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay sears-tower-facts.com in the event of any refusal of your credit card issuer to pay any amount to sears-tower-facts.com for any reason. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, sears-tower-facts.com may immediately suspend or terminate this Agreement and your access to sears-tower-facts.com Advanced Consulting.
5.4. Limited License to sears-tower-facts.com Advanced Consulting Users. Subject to your strict compliance with this Agreement, sears-tower-facts.com grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to use the Content available on sears-tower-facts.com Advanced Consulting (the “sears-tower-facts.com Advanced Consulting Content”) as described below. You may:
Incorporate, on a non-systematic and non-routine basis, a small excerpt of the sears-tower-facts.com Advanced Consulting Content (e.g., a few lines of text, a paragraph, a specific graphic, chart or graph) within a report or presentation that is distributed to an audience that is internal to the company for which you are employed (“your company”), as long as you attribute sears-tower-facts.com Advanced Consulting as the source.
Briefly summarize, on a non-systematic and non-routine basis, sears-tower-facts.com Advanced Consulting Content in your own words, and distribute the summary to an audience that is internal to your company in connection with a specific project, as long as you attribute sears-tower-facts.com Advanced Consulting as the source.
Distribute, in digital or hard copy, sears-tower-facts.com Advanced Consulting Content for which you have purchase reprint rights, to audiences inside or outside your company.
If your Premium Account was obtained under an enterprise license made by your company, distribute sears-tower-facts.com Advanced Consulting Content in accordance with the terms of that license.
Except as expressly provided in this Section 5.4, you may not post or otherwise distribute sears-tower-facts.com Advanced Consulting Content (e.g. via hard copy, email, and/or posting on intranet, company bulletin boards or other information storage & retrieval systems). The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any sears-tower-facts.com Advanced Consulting Content, and (B) may be immediately suspended or terminated for any reason, in sears-tower-facts.com’s sole discretion, and without advance notice or liability.
The Services are controlled and offered by sears-tower-facts.com from its facilities in the United States of America. sears-tower-facts.com makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11.2. Periodic Revisions. You agree that we may modify the terms of this Agreement from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. Any modifications made will be effective on the date published on the website. We will notify you of any material revisions or modifications to this Agreement by: (1) posting a notice on the npdigital.com website for thirty (30) days following any revisions or modifications to this Agreement and/or by posting a notice on npdigital.com the first time that you visit npdigital.com following such revisions or modifications; or (2) through a direct communication to you by email, if you have provided an email address to us. You will be deemed to have agreed to the new terms and conditions if you continue to access the Services after having been notified of such revisions or modifications by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised terms and conditions are first posted on npdigital.com (whichever is sooner). If you do not provide us with a valid email address to send you information concerning revisions or modifications to this Agreement, then you agree that you will not receive notice by email. If you change email accounts, it will be your responsibility to notify us of a new valid email address in order to receive email notice. We assume no responsibility for your failure to actually receive notice. It is your responsibility to review this page for possible modifications. If you do not agree with the revisions, you may choose to discontinue use of the Services.
12.2 Negotiation in Advance of Arbitration
The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between persons who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for the administration of this Agreement. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after the delivery of the notice, the executives of both parties shall meet at a mutually acceptable time and place.
Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of the persons described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations if desired. All offers, promises, conduct, and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts, and attorneys are confidential, privileged, and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 1 above.
12.3 Requirements for Modification or Revocation. This agreement to arbitrate shall survive the termination of sears-tower-facts.com’s relationship with you. It can only be revoked or modified by a writing executed by sears-tower-facts.com and you that specifically states an intent to revoke or modify this agreement to arbitrate.
12.4 Claims Covered by Arbitration Clause. sears-tower-facts.com and you mutually consent to the resolution by final and binding arbitration of all claims or controversies (collectively, the “Claims”) that sears-tower-facts.com may have against you or you may have against sears-tower-facts.com or against its past, present, or future predecessors, successors, assigns, affiliates, parent and subsidiary companies, and joint ventures, and their respective past, present, or future officers, directors, employees, stockholders, representatives, managers, members, partners, agents, advisors, insurers, and indemnities (collectively referred to as the “sears-tower-facts.com Parties”), relating to, resulting from, or in any way arising out of your relationship with sears-tower-facts.com. The Claims include, but are not limited to claims for penalties, fines, claims for breach of any contract (express or implied); tort claims (including, but not limited to, those relating to reputation); claims for violation of trade secret, proprietary, or confidential information laws; claims for unfair business practices; and claims for violation of any public policy, federal, state, international, or other governmental law, statute, regulation, or ordinance.
12.5 Required Notice of Claims and Statute of Limitations. sears-tower-facts.com may initiate arbitration by serving or mailing a written notice to you at the last known address. You may initiate arbitration by serving or mailing a written notice to sears-tower-facts.com. The written notice must specify with reasonable particularity the claims asserted against the other party. Notice of any claim sought to be arbitrated must be served within the limitations period established by applicable federal or state law. After the demand for arbitration has been made by serving written notice, the party demanding arbitration shall file a demand for arbitration with the Office of Judicial Arbitration and Mediation Service (“JAMS”) located in San Diego, California.
12.6 Selection of Arbitrator. Within 30 days after the commencement of arbitration, sears-tower-facts.com shall select one person from the JAMS panel to act as arbitrator. The arbitrator shall serve as a neutral, independent, and impartial arbitrator.
12.7 Confidentiality. The parties shall maintain the confidential nature of the arbitration proceeding and the award, if any, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
12.8 Dispositive Motions. In any arbitration arising out of or related to this Agreement:
Any party wishing to make a dispositive motion shall first submit a brief letter (not exceeding five pages) explaining why the motion has merit and why it would speed the proceeding and make it more cost-effective. The other side shall have a brief period within which to respond.
Based on the letters, the arbitrator will decide whether to proceed with more comprehensive briefing and argument on the proposed motion.
If the arbitrator decides to go forward with the motion, he/she will place page limits on the briefs and set an accelerated schedule for the disposition of the motion.
Under ordinary circumstances, the pendency of such a motion will not serve to stay any aspect of the arbitration or adjourn any pending deadlines.
12.9 Document Requests. In any arbitration arising out of or related to this Agreement, requests for documents:
Shall be limited to documents that are directly relevant to significant issues in the case or to the case’s outcome;
Shall be restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; and
Shall not include broad phraseology such as “all documents directly or indirectly related to.”
13.10 E-Discovery. In any arbitration arising out of or related to this Agreement:
There shall be the production of electronic documents only from sources used in the ordinary course of business. Absent a showing of compelling need, no such documents are required to be produced from backup servers, tapes or other media.
Absent a showing of compelling need, the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format that is usable by the party receiving the e-documents and convenient and economical for the producing party. Absent a showing of compelling need, the parties need not produce metadata, with the exception of header fields for email correspondence.
The description of custodians from whom electronic documents may be collected shall be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute.
Where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator will either deny such requests or order disclosure on condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award.
13.11 Interrogatories and Requests to Admit. In any arbitration arising out of or related to this Agreement, there shall be no interrogatories or requests to admit.
13.12 Depositions. In any arbitration arising out of or related to this Agreement, each side may take three (3) discovery depositions. Each side’s depositions are to consume no more than a total of fifteen (15) hours. The total period for the taking of depositions shall not exceed six (6) weeks.
13.13 Governing Law and Arbitrator Authority.
Except as otherwise provided herein, this Agreement and the rights of the Parties hereunder shall be governed by and construed in accordance with the laws of the state of California, exclusive of conflict or choice of law rules.
The Parties acknowledge that this Agreement evidences a transaction involving interstate or international commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitrator shall apply the substantive laws (and the law of remedies, if applicable) of the state of California, federal law, or international law, as applicable to the claim(s) asserted.
The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable and issues of arbitrability of any matter herein.
The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.
13.14 Arbitration Decision. The arbitrator’s decision shall be final and binding and shall not be subject to appeal. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. Any decision or award made by the arbitrator shall be enforceable by a court of competent jurisdiction. The parties irrevocably stipulate to the confidential nature of the arbitral award and proceedings and further stipulate that the award and any papers of the proceedings shall only be filed with a court of competent jurisdiction under confidential seal and only to enforce an arbitral award or decision.
13.15 Application for Emergency Injunctive and/or Other Equitable Relief. JAMS Comprehensive Rules shall apply for the appointment of an Emergency Arbitrator to address and decide a request for emergency relief.
13.17 WAIVER OF JURY TRIAL/EXCLUSIVE REMEDY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION REWARD IS LIMITED. BY AGREEING TO ARBITRATION, sears-tower-facts.comAND YOU ARE AGREEING TO WAIVE ANY CONSTITUTIONAL RIGHT TO A JURY OR COURT TRIAL OF COVERED CLAIMS. sears-tower-facts.com AND YOU FURTHER AGREE THAT IF FOR ANY REASON ANY SUCH DISPUTE OR CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, THE PARTIES WAIVE ANY CONSTITUTIONAL RIGHT TO A JURY OR COURT TRIAL.
13.18 Arbitration Fees and Costs. Each party shall advance its own costs and expenses in any such arbitration and one-half (1/2) of the arbitrator’s fees and costs, however, the arbitrator shall award attorneys’ fees and costs to sears-tower-facts.com if sears-tower-facts.com is the prevailing party. Any decision or award of the such arbitration proceeding shall be confidential and may be made public only with the prior written consent of both you and sears-tower-facts.com.
13.19 Severability (Arbitration Clause). sears-tower-facts.com and you agree and acknowledge that if any section, subsection, sentence, clause, or phrase contained in this Arbitration Clause is found to be invalid, unenforceable, or otherwise inoperative, such decision shall not affect the validity of the remaining portion(s) of this Arbitration Clause.
13.20. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring a qualifying claim in small claims court.
Initially, the force majeure event or unforeseeable circumstance shall have the effect of suspending performance hereof.
If the force majeure event or unforeseeable circumstance lasts for more than three (3) months and unless the Parties agree otherwise, these Terms of Service shall be terminated automatically, without the need to seek a court ruling, serve formal notice or provide prior notice. In such event, the Parties shall not be held liable for the total or partial non-performance of their obligations hereunder.