Terms of Use Policy

 

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY CONTINUING TO USE THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Welcome to DemandMetric.com, which is operated by Demand Metric Research Corporation. ("Demand Metric" or "we" or "our"). Subject to and without limiting the terms of or your obligations under any legally binding contract pertaining to the subject matter hereof ("Contract") between Demand Metric and you or between Demand Metric and your employer or a party for whom you perform services ("you and the party to any such Contract being a "Client"), by using DemandMetric.com or any mobile application operated by Demand Metric (collectively, the “Site”), you agree to each of the terms of use set forth herein, including any additional terms and conditions applicable to specific areas or content on the Site ("Terms of Use").

Demand Metric reserves the right to modify these Terms of Use at any time without notice to you. Your continued use of the Site after any such changes constitutes your agreement to follow and be bound by these Terms of Use as modified.

 

SUBSCRIPTION BILLING

Members are required to have a subscription to access and download our content.  Subscriptions renew automatically and have either a month-to-month or annual term.  By signing up for a membership subscription, you authorize Demand Metric to charge your credit card each period for the plan you are subscribed to.  Demand Metric will send you a receipt after each successful transaction or a decline notice with a link to update your billing information.  You may cancel your subscription at any time, but Demand Metric does not provide refunds for previous periods regardless of the use of our content.  If you sign up for a subscription in error, please contact us within 24 hours of the error to request a refund, otherwise we do not refund subscription payments.

USE OF SITE AND CONTENT AND COPYRIGHT

You are permitted to access the Site, including the written text, graphics, data, images, illustrations, marks, logos, sound or video clips, photographs and/or other works (singly or collectively, the "Content") solely for your or your organization's internal information purposes. You agree to maintain all copyright, trademark and other notices on the Content.

You may not copy, transmit, reproduce, publicly display, perform, distribute, alter, transmit or create derivative works of any Content or any portion of or excerpts from the Content in any fashion that is not authorized by Demand Metric in writing or expressly permitted in these Terms of Use.

You may not post Demand Metric Content to a corporate intranet or any other place where the Content can be accessed by non-licensed users.

If your organizations does not renew its annual Demand Metric Client contract, you agree to remove all Demand Metric Content from your computer, hard drives, or any other online or physical storage device.

Neither you nor your organization may use any Content or any excerpt from any Content to promote your or your organizations' products or services. External citation to the Content is prohibited without Demand Metric's express written permission and is subject to Demand Metric's Citation Policy as set forth on this Site, except that members of the press may cite to portions of the Content without Demand Metric's prior approval if such citation complies with the terms set forth in the Press Resources section of this Site.

The Site and all of the Content are protected by Canadian and/or international copyright laws and conventions, and belong to Demand Metric, its licensors or third parties. No right, title or interest in any Content is transferred to you.

You agree to use the Site and the Content in accordance with all applicable laws. You agree not to take any action that would compromise the security of the Site or render the Site inaccessible to others.

 

RESTRICTED AREAS

Access to certain areas of the Site is restricted ("Restricted Areas") to Demand Metric Clients to whom we have issued passwords. You are not authorized to access any password-restricted areas unless you have received a password from Demand Metric (or from your employer if your employer has been authorized by Demand Metric to issue such password). You may not use another person's password to access the Site.

If you are a Client, you are responsible for keeping your password confidential. You agree not to share your password with any other individuals or to otherwise allow any other individuals to access the Site or the Content through your account. You further agree not to reproduce, publicly display, perform, distribute, alter, transmit, create derivative works from or otherwise share any Content or portions or excerpts thereof from Restricted Areas with any other individuals or third parties, except as expressly provided in these Terms of Use or in your Contract. You take full responsibility for any activity that occurs through the use of your account and you agree to notify us immediately if you become aware that any other individual has accessed your account or has obtained your password.

 

COMMUNITY CONTENT

Certain areas of the Site contain community features, where visitors are permitted to post content for publication on the Site. If you elect to use such services, you are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Site ("User Content").

You may submit User Content so long as the content is not illegal, obscene, threatening, harassing, defamatory, libelous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You should not, however, upload any of the following types of information: (a) information protected under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), or (b) personally identifiable information including (i) drivers license numbers, (ii) passport numbers, (iii) social security, tax identification or similar numbers, or (iv) bank, checking, credit card, debit card, or other financial account numbers.

You hereby grant Demand Metric a nonexclusive, royalty-free, perpetual, irrevocable, fully sublicensable and transferable right to exploit User Content at Demand Metric's discretion throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to User Content; that User Content is accurate; and that the use of User Content does not violate these Terms of Use and will not cause injury to any person or entity. Demand Metric takes no responsibility and assumes no liability for any User Content submitted by you or any third party. You may be exposed to User Content that you find offensive, indecent, inaccurate, misleading, or otherwise objectionable, and you bear all risks associated with using that User Content. Demand Metric reserves the right, but not the obligation, to monitor, edit, or remove any User Content for any reason.

By posting any User Content on this Site you expressly represent and warrant to us that any such User Content is not confidential or proprietary to you or Client, and your posting of such User Content does not violate any confidentiality or other obligations to which you are subject.

 

ACCURACY OF INFORMATION

The Content on this Site is based on Demand Metric's reasonable efforts to compile and analyze the best sources reasonably available to Demand Metric at any given time. Any opinions reflect Demand Metric's judgment at the time and are subject to change. You assume sole responsibility for the selection of the Content to achieve any of your intended results, and your sole and exclusive remedy for any alleged loss or damage suffered by you in connection with your use of the Site or the Content or the User Content is to discontinue using the Site.

 

WARRANTIES DISCLAIMER

THIS SITE AND THE CONTENT ARE PROVIDED "AS IS," AND DEMAND METRIC DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE FURTHER DISCLAIM ALL WARRANTIES (I) RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR ANY PORTION THEREOF THAT IS MADE AVAILABLE ON THE SITE; (II) THAT THE CONTENT PROVIDED THROUGH THE SITE WILL BE FREE FROM ERRORS, OMISSIONS, DEFECTS, OR DELAYS IN OPERATION, OR FROM TECHNICAL INACCURACIES OR OTHER ERRORS; (III) THAT THE CONTENT SHALL NOT INFRINGE THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY; (IV) THAT THE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.

 

LIMITATIONS ON LIABILITY

YOU AGREE THAT DEMAND METRIC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LAW FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS FAILURE OR LOSS, ARISING OUT OF YOUR USE OF THE SITE, THE CONTENT OR USER CONTENT, WHETHER OR NOT DEMAND METRIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE FURTHER THAT DEMAND METRIC SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY YOU ARISING AS A RESULT OF RELIANCE UPON THE CONTENT, USER CONTENT OR THE SITE OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE CONTENT OR THE SITE OR INTERPRETATIONS THEREOF. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DEMAND METRIC'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, AND THE TERMS LIMITING DEMAND METRIC'S LIABILITY IN THIS SECTION SHALL IN ANY CASE BE INTERPRETED TO LIMIT DEMAND METRIC'S LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.

 

INDEMNIFICATION

You understand and agree that you are responsible for your use of the Site. You agree to indemnify, defend and hold harmless Demand Metric, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any applicable third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Content, the User Content or any violation by you of these Terms of Use.

 

GOVERNING LAW

These Terms of Use, and their validity, construction and effect, shall be governed by and enforced in accordance with the internal laws of the Province of Ontario, Canada without reference to the conflicts of laws provisions therein. You specifically and irrevocably consent for any claims or disputes arising out of your use of the Site or these Terms of Use to the jurisdiction of, and venue in, the federal or provincial courts sitting in Ontario.

 

LINKS

Demand Metric may provide links to third-party content and other web sites on the Site. We do not endorse, sponsor, or accept any responsibility for such material. We are not responsible for the content or privacy practices of any linked sites.