The following describes the practice and policy of The H.W. Wilson Company (hereafter "Wilson") with regard to the privacy of its users, and outlines our practices concerning information gathering and dissemination in connection with the Wilson Discussion Group (the "HWWilson-L"). As described below, some information identifiable specifically to you may be disclosed to third parties, including other members of the HWWilson-L. By subscribing for and/or participating in the HWWilson-L, you expressly consent to Wilson’s use and disclosure of your identifiable information, in accordance with the terms hereof. This Privacy Statement is incorporated into and subject to, the terms of the Participation Agreement. Please review this Privacy Statement carefully so that you fully understand Wilson’s privacy practices, and so that you can make an informed decision before subscribing for the HWWilson-L.

HWWilson-L Subscription Information. The subscription form for the HWWilson-L requires you to provide Wilson with certain contact and identifier information (such as name and e-mail address). This information is used primarily to deliver messages through the HWWilson-L, but may also be used to alert you to updates, new features, functionality changes, and other information concerning the HWWilson-L. The requested identifiers are also used to verify your identity, for establishing a specific record in our HWWilson-L database for you regarding your use of and access to the HWWilson-L (your "Profile"), and for other internal purposes.

In addition to the subscription information, Wilson may gather information regarding your activities, including any written or electronic communications from or about you. We may also collect other users’ comments about you. Further, if you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the HWWilson-L, we may collect such information into a file specific to you. This information may be added to your Profile. Access to the HWWilson-L database, the users’ Profiles, and the information contained therein is restricted to Wilson employees (except as otherwise disclosed herein).

Use of Information by Wilson. As a general rule, Wilson will not disclose to any other party any of your personally identifiable information unless we have your permission, or except as may be required under certain special circumstances (for example, such as may be required under the law – see below). Your subscription information may be published on the Site in connection with the HWWilson-L as part of a directory of HWWilson-L users ("Directory"). The Directory will be accessible to other users of the HWWilson-L, and may be made available to members of the general public.

Disclosure of Information to Third Parties. Users should be advised that, due to the existing regulatory environment, Wilson cannot ensure that all private communications and other information in a User Profile will never be disclosed in ways not otherwise described in this Privacy Policy. Wilson may, by way of example, be forced to disclose information to local, state, federal or international governmental entities or other third parties under certain circumstances. Further, it is possible that third parties may unlawfully intercept or access transmissions or private communications. You hereby understand and acknowledge that Wilson can disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability, and you hereby authorize us to do the same. Therefore, although we take steps to protect your privacy in accordance with accepted industry standard, we do not promise, and you should not expect, that your Profile information or private communications will remain private.

Wilson does not sell or rent any Profile information to any third party. Please note that whenever you voluntarily disclose personal information online, including in your correspondence with other members of the HWWilson-L, that information can be collected and used by others. As a result, if you disclose personal information online that is accessible to others, you may receive unsolicited messages from other parties. Please be careful and responsible whenever you are online.

Use of Information About Other Users. In using the HWWilson-L, users will be exposed to other users’ contact information, such as through the Directory or as may otherwise be contained in postings through the HWWilson-L. By entering into our Participation Agreement, you agree that, with respect to the contact information for other users that you receive through participation in the HWWilson-L, Wilson hereby grants to you a license to use such information only for HWWilson-L -related communications that are not unsolicited commercial messages. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose information obtained about another user through the Site or the HWWilson-L to any third party without our consent and the consent of such other user after adequate disclosure.

Web Site Security. The Site has security measures in place to protect the loss, misuse and alteration of the information. Verification of a user’s unique identifiers is required before any changes can be made to a User Profile or a user’s contact information. Wilson uses firewalls and other security methods to protect the integrity of and data contained within our site. However, users are cautioned that "perfect security" does not exist on the Internet.

Links. Please note that this site contains links to other web sites. Wilson is not responsible for the content or the privacy practices or policies of such other web sites.

Update of Subscription Information and User Profiles. This site gives subscribers options for changing and modifying information previously provided.

Please be aware that Wilson may in some circumstances retain information in our files that a user has requested be removed, such as to resolve disputes, troubleshoot problems, or to enforce our Participation Agreement. Further, although deleted from our files, such information is never completely removed from our databases due to technical constraints and the fact that we back up our systems. Therefore, users should not expect that all information will be completely removed from our databases in response to a removal or modification request.

Contacting Wilson
If you have any questions about this privacy statement, or the practices of or your dealings with the HWWilson-L, or if you have problems or concerns regarding the HWWilson-L or your Profile or other personal information, please contact:

Dan Robinson, drobinson@hwwilson.com
Bernie Seiler, bseiler@hwwilson.com

The H.W. Wilson Company ("Wilson") is providing and hosting an open email discussion group (the "HWWilson-L") as a discussion forum primarily for users of Wilson’s electronic services and print publications, to share information and ideas, to take part in discussions, to solve problems, and to communicate with Wilson. Wilson’s provision of the HWWilson-L is subject to the following terms and conditions and any rules, guidelines or policies (collectively the "Participation Terms") that may be published from time to time by Wilson. Wilson reserves the right to, and may from time to time, update any of the Participation Terms without notice. Please read the terms below fully and carefully. You understand that the HWWilson-L and any related services provided by Wilson are provided "AS IS" and that Wilson assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any communication.

In consideration of your use of the HWWilson-L email discussion list, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the HWWilson-L subscription form and (b) maintain and promptly update the information you provide to Wilson to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Wilson has the right to suspend or terminate your subscription, and to refuse any future subscription by you. All personally identifiable information provided to Wilson during registration and certain other information you provide is subject to Wilson’s Privacy Policy.

You understand that all information, data, text, messages or other materials ("Content") transmitted via the HWWilson-L is the sole responsibility of the person from which such Content originated. This means that you, and not Wilson, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the HWWilson-L. You understand that by using the H.W. Wilson e-mail discussion list, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will H.W. Wilson be responsible for any Content that does not originate from H.W. Wilson, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the HWWilson-L.

You agree that you will not use the HWWilson-L to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable
2. harm minors in any way
3.  impersonate any person or entity, including, but not limited to, a Wilson employee or officer, or falsely state or otherwise misrepresent your affiliation with a person or entity
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the HWWilson-L
5. upload, post, email, transmit or otherwise make available any Content that you did not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
9. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law
10. "stalk" or otherwise harass another
11. collect or store personal data about other users

You acknowledge that users of the HWWilson-L may be located anywhere in the world, and you recognize that the Internet is global in nature, and you therefore agree to comply with all local rules regarding acceptable Content and appropriate online conduct. Further, you specifically agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

You acknowledge that Wilson does not pre-screen Content, but that Wilson and its designees shall have the right (but not the obligation) in their sole discretion to refuse, block access to or remove any Content that is posted by you via the HWWilson-L. Without limiting the foregoing, Wilson and its designees shall have the right to remove any Content that violates Wilson policy or is otherwise objectionable.

You acknowledge and agree that Wilson may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce Wilson policy; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Wilson, its users and the public.

You agree that Wilson, in its sole discretion, may terminate your use of the HWWilson-L, and remove and discard any Content within the HWWilson-L, for any reason, including without limitation, for lack of use or if Wilson believes that you or any member of your group have violated or acted inconsistently with the this Participation Agreement. Wilson reserves the right to, in its sole discretion and at any time, discontinue providing the HWWilson-L with or without notice. You agree that any termination of access to the HWWilson-L may be effected without notice, and acknowledge and agree that Wilson may immediately deactivate or delete your account and all related information and files in your participation and/or bar any further access to such files or the HWWilson-L. Further, you agree that Wilson shall not be liable to you or any third party for any termination of access to the HWWilson-L.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Content, the HWWilson-L, or use or access to the same.

Wilson may from time to time establish general practices and limits concerning the use of the HWWilson-L, including the maximum number of days that Content, messages or postings are retained, and maximum and minimum levels of activity. You agree that Wilson has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted through the HWWilson-L. You acknowledge and agree that Wilson reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

You agree to indemnify, defend and hold harmless Wilson from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with:

1. the Content you upload, submit, post, or transmit through the Service
2. your use of the Service
3. your connection to the Service
4. your violation of the Terms of Service
5. your violation of the rights of another. Wilson reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations

Wilson reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the HWWilson-L (or any part thereof) with or without notice. You agree that Wilson shall not be liable to you or any third party for any modification to or discontinuance of the HWWilson-L.

You agree that upon posting any material within the HWWilson-L, you grant Wilson, and its successors and assigns, a non-exclusive worldwide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material to distribute, display, and reproduce such material to other members of that group. You also grant Wilson the right to authorize the downloading and printing in whole or in part of any material that you have posted to the HWWilson-L, by participants for their personal use. You agree to take whatever action necessary to protect your own intellectual property rights in such Content, including without limitation the posting of appropriate copyright notices.

You acknowledge and agree that Content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material or information presented through the HWWilson-L is protected by Wilson’s copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that Wilson can display images and text throughout the HWWilson-L, including the insertion of sponsor messages into messages distributed on the HWWilson-L mailing lists. Content received through the HWWilson-L may be displayed, reformatted, and printed by you for your personal, non-commercial use only. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute in any way Content available through the HWWilson-L, including code and software.

The HWWilson-L may provide, or third parties may provide, links to other world wide web sites and resources. You acknowledge and agree that Wilson is not responsible for the availability of these outside resources, and does not endorse and is not responsible for any Content, advertising, products or other material on or available from such sites or resources. You further acknowledge and agree that Wilson shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by use of or reliance on any such Content, goods or services available on or through any such sites or resources.

DISCLAIMER OF WARRANTIES:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE HWWILSON-L IS AT YOUR SOLE RISK. THE HWWILSON-L IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WILSON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

WILSON MAKES NO WARRANTY THAT (A) THE HWWILSON-L WILL MEET YOUR REQUIREMENTS; (B) THE HWWILSON-L WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE HWWILSON-L WILL BE ACCURATE OR RELIABLE; (D) ANY ERRORS IN THE HWWILSON-L WILL BE CORRECTED OR; (E) THE HWWILSON-L AND/OR THE CONTENT RETRIEVED THROUGH THEM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WILSON MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE HWWILSON-L, OR OTHER MAILING LISTS OR ADVERTISED THROUGH ITS SPONSORS OR MAILING LISTS, OR REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH SUCH LISTS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE HWWILSON-L IS RECEIVED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WILSON OR THROUGH THE HWWILSON-L SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS PARTICIPATION AGREEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WILSON BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WILSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM

1. THE USE OR THE INABILITY TO USE THE HWWILSON-L FOR ANY REASON
2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
3. ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE HWWILSON-L
4. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
5. STATEMENTS, CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE HWWILSON-L
6. ANY OTHER MATTER RELATING TO THE HWWILSON-L

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WILSON IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS. IF YOU ARE DISSATISFIED WITH THE HWWILSON-L, THE MATERIALS AVAILABLE, OR WITH ANY OF THE PARATICIPATION AGREEMENT TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SUCH WILSON SERVICE(S).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

Notices may be provided to you by email or regular mail. The HWWilson-L may also provide indirect notice of changes to the Participation Agreement or other matters by sending notices to you generally through the HWWilson-L.

COPYRIGHTS AND COPYRIGHT AGENTS

Wilson respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Wilson’s Copyright Agent with the following information:

1. an electronic or physical signature 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
4. your address, telephone number and email address
5. 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
6. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Wilson' Copyright Agent for notice of claims of copyright infringement can be reached at the following address:

Mr. Daniel Robinson
Copyright Agent
c/o The H.W. Wilson Company
950 University Avenue
Bronx, NY 10452

By phone: (718) 588-8400
By email: drobinson@hwwilson.com

This Participation Agreement constitutes the entire agreement between you and Wilson and governs your use of the HWWilson-L, superceding any prior agreements between you and Wilson. The Participation Agreement and the relationship between you and Wilson shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions. You and Wilson agree to submit to the personal and exclusive jurisdiction of the courts located in Bronx, New York. The failure of Wilson to exercise or enforce any right or provision of the Participation Agreement shall not constitute a waiver of such right or provision. If any provision of the Participation Agreement is found by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the parties’ intentions, and the other provisions of the Participation Agreement shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the HWWilson-L, or to the Participation Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any section titles in this Participation Agreement are for convenience only and have no legal or contractual effect or significance.

Privacy Statement
Participation Agreement