Abbott, Langer Association Surveys

Terms of Use

Last Updated: February 2007

Welcome to Baker, Thomsen Associates, Inc.'s (BTA) family of salary survey websites, including: www.salariesreview.com, www.abbott-langer.com, www.abbottlanger.com, and www.paysurvey.com. Abbott, Langer Association Surveys has long focused on the nonprofit and manufacturing sectors. SalariesReview was created by ERI Economic Research Institute to provide online survey capabilities and, in March of 2005, won the Patent for online interactive salary surveys. Both sites are operated under license from ERI Economic Research Institute, Inc. The latter provides Archival Surveys for ERI Assessor Series subscribers' historical research and litigation support. The former, as a part of the BTA family of salary surveys, has provided both participant and non-participant surveys that are used in salary planning and other HR management decision making since 1967.

These terms of use ("Site Terms") apply exclusively to your access to, and use of these websites (collectively the "Site"), so please read them carefully.

The Site Terms do not alter in any way the terms or conditions of any other agreement you may have with BTA for other products or services. If you have any questions regarding the use of the Site, please email us at: info@salariesreview.com, or at info@abbott-langer.com.

BTA reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting. Notice of such changes will be indicated by the date at the top of the Site Terms. Your continued use of this Site after changes or modifications are posted will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies to understand the terms and conditions that apply to your use of the Site.

BY ACCESSING, BROWSING OR OTHERWISE USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

Privacy Statement
We respect the privacy of our customers and encourage you to read our Privacy Policy so that you may make an informed decision about using our Site. Our Privacy Policy can be found at the bottom portion of the Site home page, www.SalariesReview.com or www.abbott-langer.com.

Other Policies or Agreements
You acknowledge and agree to comply with all terms, conditions, and policies associated with the Site and the various services included therein, including any additional Site terms that may apply to the following reports: Abbott, Langer Association Surveys, SalariesReview Archival Surveys, SalariesReview Salary Planning and Individual Report Surveys, and related staffing and executive compensation surveys.

License and Site Access
BTA grants you a limited license to use the Site for your personal and internal business purposes only, and solely on terms consistent with these Site Terms and any incorporated agreements. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein (except as permitted by the express written consent of BTA); (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents (including, without limitation, any documents); or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of BTA or any third party.

You may not use, frame, or use framing techniques to enclose, any affiliates, SalariesReview, Abbott, Langer Association Surveys, or BTA trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any Web page or form contained on a Web page) without BTA's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a BTA name, trademark, or product name without BTA's express written consent.

Any unauthorized use of or access to our Site or services is prohibited and will terminate any permission or license granted herein to use the Site, the Site's content and the services. Such unauthorized use may violate applicable state and federal law, including, without limitation, copyright laws, trademark laws (including trade dress), other intellectual property laws, trespass laws, and communications laws, regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Copyright
All copyrighted and copyrightable materials on this Site, including, without limitation, any affiliates, SalariesReview, Abbott, Langer Association Surveys, or BTA logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 1967-2007 and/or its licensors. Except as stated in these Site Terms or an incorporated agreement, 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 BTA or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for internal business purposes only; provided that, you may not, without the express written permission of BTA or the respective copyright owner: (a) copy, publish, or post any Materials on any computer network (other than consistent with your internal business purposes) or broadcast or publications media, (b) modify the Materials, (c) remove or alter any copyright or other proprietary notices contained in the Materials, or (d) reproduce, copy or distribute graphics from the Site.

Copyright Complaints
BTA respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide BTA's copyright agent the following written information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A 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
• 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.

BTA's Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:

Abbott, Langer Association Surveys

1725 I Street NW, Suite 300
Washington, DC 20006 USA
Telephone (877) 210-6563 or (360) 449-0367
Fax: (877) 239-2457
E-Mail: info@abbott-langer.com
www.abbott-langer.com

Salaries Review

42 Berkeley Square, Mayfair, London W1J 5AW, England UK
Telephone: +44 (0) 207-409-5060, Fax: +44 (0) 207-409-5062
Email: info@SalariesReview.co.uk
http://SalariesReview.co.uk

7827 Chardie Road SW, Calgary, AB T2V 2T2 Canada
Telephone: (877) 474-1848, Fax: (877) 658-4925
Email: info@SalariesReview.com
http://SalariesReview.com

9817 NE 54th St., Suite 100, Vancouver, WA 98662 USA
Telephone: (877) 474-1848, Fax: (877) 658-4925
Email: info@SalariesReview.com
http://SalariesReview.com

PAQ Services, Inc.

11 Bellwether Way, Suite 107, Bellingham, WA 98225 USA
Telephone: (800) 292-2198, Fax: (877) 395-0236
Email: paqinfo@paq.com
http://www.paq.com

Trademarks and Service Marks
BTA's surveys, software programs, and products (collectively the "BTA product") is Copyright © 1967-2007, ALL RIGHTS RESERVED. The BTA product is protected by United States and international copyright laws, as are all Registered Trademarks under the Trademark Act of 1946, as amended, and are protected under complementing statutes.

The logos, marks, trade names and the products and services described in this Site are either trademarks, service marks or registered trademarks of BTA or its licensors. Such marks may not be copied, imitated or used, in whole or in part, without the prior written permission of BTA or its licensors. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and related scripts) are service marks, trademarks, and/or trade dress of BTA, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BTA. All other trademarks, registered trademarks, product names and BTA names or logos mentioned herein are the property of their respective owners.

Abuse of the Site or Services
We have the right, but not the obligation, to monitor any activity, information or content associated with the Site and its services. We may investigate any reported violation of its policies or complaints and we may take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of information or content. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and content. Our right to disclose any such information shall govern over any terms of our Privacy Policy.

Linking
You may not use any affiliates, SalariesReview, Abbott, Langer Association Surveys, or BTA logo or other proprietary graphic or trademark of BTA to link to this Site without the express written permission of BTA. This limited right may be revoked at any time. BTA makes no claim or representation regarding and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from this Site or websites linking to this Site. BTA is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by BTA of the site or any information contained therein. When leaving the BTA site, you should be aware that BTA's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.

Submissions
You agree that any materials submitted to public areas of this Site, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to BTA, or postings on the Site in public forums, are non-confidential and shall become the sole property of BTA. BTA shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to BTA, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Disclaimers

"AS IS" BASIS.
"THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.

WARRANTY DISCLAIMER.

BTA DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. BTA DOES NOT REPRESENT OR WARRANT THAT THE SITE OR MATERIALS THEREIN WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE BTA ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, BTA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BTA reserves the right, at its sole discretion and upon proper notice, to provide either a refund or a replacement for any report licensed via any BTA Website, including without limitation: (a) any Abbott, Langer Association Survey purchase, (b) any BTA "Quick Call" report, (c) any SalariesReview Survey purchase, (d) any other Report, or (e) any combination of Reports.

BTA reserves the right to change any and all content contained on this Site at any time without notice. Unless otherwise expressly indicated, reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by BTA. No information made available on the Site is for the purpose of providing legal, accounting or consulting advice.

Limitation of Liability

IN NO EVENT SHALL BTA BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

YOU AGREE THAT BTA'S AND ITS AFFILIATES CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE AND THE BTA PRODUCT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE USE OF ANY APPLICABLE BTA PRODUCT.

YOU HEREBY RELEASE BTA AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING TWO PARAGRAPHS MAY NOT APPLY TO YOU.

Applicable Law and Venue
You and BTA agree that this Agreement will be governed by the laws of the State of Washington, USA without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in King County, Washington, USA, and you and BTA irrevocably consent to the jurisdiction of such courts.

General Terms
The terms and conditions set forth in this Agreement constitute the final, complete and exclusive agreement with respect to your use of the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement, any prior or contemporaneous representations or any additional terms. Notwithstanding any of these terms and conditions, BTA reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Any unauthorized use of or access to our Site or services is prohibited and will terminate any permission or license granted herein to use the Site, the Site's content and the services. Such unauthorized use may violate applicable state and federal law, including, without limitation, copyright laws, trademark laws (including trade dress), other intellectual property laws, trespass laws, and communications laws, regulations and statutes. All violators will be prosecuted to the fullest extent of the law.