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 ParameterInsights.com, which is operated by Parameter Insights, Inc. ("Parameter Insights" 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 Parameter Insights and you or between Parameter Insights and your employer or a party for whom you perform services ("you and the party to any such Contract being a "Client"), by using Parameterinsights.com or any mobile application operated by Parameter Insights (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").
Parameter Insights 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.
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 Parameter Insights in writing or expressly permitted in these Terms of Use.
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 Parameter Insights’ express written permission and is subject to Parameter Insights’ Citation Policy as set forth on this Site, except that members of the press may cite to portions of the Content without Parameter Insights’ 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 Canada and/or international copyright laws and conventions, and belong to Parameter Insights, 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 Parameter Insights Clients to whom we have issued passwords. You are not authorized to access any password-restricted areas unless you have received a password from Parameter Insights (or from your employer if your employer has been authorized by Parameter Insights 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.
INTERACTIVE SERVICES
Certain areas of the Site contain interactive services, where visitors are permitted to post content for publication on the Site. If you elect to use such interactive 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 Parameter Insights a nonexclusive, royalty-free, perpetual, irrevocable, fully sublicensable and transferable right to exploit User Content at Parameter Insights’ 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. Parameter Insights 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. Parameter Insights reserves the right, but not the obligation, to monitor, edit, or remove any User Content for any reason.
Notwithstanding any language to the contrary in your Contract or any other agreement, 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.
To the extent that you register as a user of the Site, whether as a Client or otherwise, by using this website you are consenting to Parameter Insights sending your account id to its web analytics platform on ParameterInsights.com. This allows us to connect your activity on our web sites with your customer records for product development, account management, and marketing purposes. Your account id is a Parameter Insights-generated number that does not contain any personal information, and cannot be used by anyone outside of Parameter Insights to identify you.
ACCURACY OF INFORMATION
The Content on this Site is based on Parameter Insights’ reasonable efforts to compile and analyze the best sources reasonably available to Parameter Insights at any given time. Any opinions reflect Parameter Insights’ 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 PARAMETER INSIGHTS 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 PARAMETER INSIGHTS 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 PARAMETER INSIGHTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE FURTHER THAT PARAMETER INSIGHTS 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, PARAMETER INSIGHTS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, AND THE TERMS LIMITING PARAMETER INSIGHTS’ LIABILITY IN THIS SECTION SHALL IN ANY CASE BE INTERPRETED TO LIMIT PARAMETER INSIGHTS’ 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 Parameter Insights, 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 Ontario 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
Parameter Insights 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.
MOBILE APPLICATIONS
To the extent you are using a mobile application operated by Parameter Insights (a "Mobile Application"), the following additional terms and conditions apply:
Subject to these Terms of Use, Parameter Insights hereby grants you the non-exclusive, non-transferable right to download the Mobile Application solely onto your own handheld mobile device and to use the Mobile Application solely for uses permitted hereunder and as permitted by the applicable third party from which you received the Mobile Application.
You may: (i) use any third party component included in the Mobile Application (“Third Party Component”) only as an integral component of the Mobile Application; (ii) not use the Mobile Application or any Third Party Component for development, compilation, debugging and similar design-time purposes; (iii) not reverse-compile or decompile, analyze, reverse-engineer, reverse-assemble or disassemble, unlock or otherwise attempt to discover the source code or underlying algorithms of the Mobile Application or any Third Party Component or attempt to do any of the foregoing in relation to the object code of the Mobile Application or any Third Party Component; and (iv) not modify, adapt, translate or create any derivative works of the Mobile Application or any Third Party Component or merge the Mobile Application or any Third Party Component into any other software.
You may only use, copy, modify, or transfer the Mobile Application or any Third Party Component, or any copy, adaptation, transcription, or merged portion thereof, as expressly permitted herein.
Parameter Insights and its licensors will have the exclusive ownership of all right, title, and interest in and to the Mobile Application and any Third Party Component licensed to you, including ownership of all the intellectual property rights and confidential information pertaining thereto, subject only to the express rights and privileges expressly granted to you herein.
USE OF THE SITE BY PARAMETER INSIGHTS CLIENTS
1. The content on this website belongs to Parameter Insights, its licensors or third parties and is protected by U.S., Canada, and/or international copyright laws and conventions. No right, title or interest in any content is transferred to you.
2. Terms and conditions that govern your use of and access to the website are set forth in the contract between Parameter Insights and your employer. If you are not familiar with the terms of that contract, including the conditions of and restrictions on your use of the content on this website and other proprietary Parameter Insights, please contact your account administrator or your Parameter Insights account manager.
3. You are not authorized to access any password-restricted areas of this website unless you have received a password from Parameter Insights (or from your employer if your employer has been authorized by Parameter Insights to issue a password to you).
4. You are responsible for keeping your password confidential.
5. You agree not to share your password with any other individuals or to otherwise allow any other individuals to access the website or the content through your account.
6. You may not use another individual's password to access the website.
7. You are not authorized to reproduce, publicly display, perform, distribute, alter, transmit, create derivative works from, or otherwise share any content from password-protected areas of this website with any other individuals or third parties, except as expressly provided in the contract between Parameter Insights and your employer. Without limiting the foregoing, you are not permitted to download content from this website and share it with any non-licensed individual or third party, except as expressly provided in the contract between Parameter Insights and your employer.
If you have any questions about permitted uses of this website or content on the website, please contact your account administrator or your Parameter Insights account manager.
CLICK AND SHARE LICENSING AGREEMENT
1. AGREEMENT TO TERMS. Subject to and in consideration of your compliance with the terms set forth below, Parameter Insights, Inc. ("Parameter Insights") hereby grants you a limited, revocable license ("User License") to access those products which you have previously selected ("Products") on Parameter Insights’ Web site ("Site") for the time period set forth on the Site. By clicking the agree button below, you agree to be bound by all of the terms and conditions contained in this Agreement. Your use of the Products is conditioned upon your acceptance of these terms and conditions, in addition to any usage guidelines that Parameter Insights may post on its Site from time to time.
2. PROPRIETARY RIGHTS. The Products are the property of Parameter Insights and are protected by US and international copyright law and other intellectual property laws. You acknowledge that the Products are proprietary to Parameter Insights and/or its licensors and comprise: (a) works of original authorship, including compiled content containing Parameter Insights’ and/or its licensors' selection, arrangement, coordination, and expression of such content or preexisting material it has created, gathered, or assembled, and (b) information that has been created, developed, and maintained by Parameter Insights or its licensors at great expense of time and money such that misappropriation or unauthorized use by others for commercial gain would unfairly and irreparably harm Parameter Insights and/or its licensors. You shall not commit or permit any act or omission that would impair Parameter Insights’ and/or its licensors' proprietary and intellectual property rights in the Products. Except as permitted herein, you shall not directly or indirectly copy the Products in whole or in part without the express written consent of Parameter Insights. You shall not decompile, disassemble, electronically transfer, de-encrypt, or reverse engineer the Products, or translate the Products into another computer language. All of your rights to use the Products are expressly stated herein and are subject to the further restrictions set forth below; there are no implied rights, and Parameter Insights reserves all rights not expressly granted to you. Inquiries regarding permission to copy or use the Products in any other manner should be directed to Parameter Insights’ Client Services.
3. LICENSE. The User License enables access by you to the licensed Products for the time period set forth on the Site using a user ID and a password validly issued by Parameter Insights. You are prohibited from sharing your password with, or otherwise providing such access to, any third party. You acknowledge that access to the Products is limited to the license terms set forth herein and any expansion is subject to the prior written approval of Parameter Insights. The User License entitles you to make a single copy of the Products for your personal archival use. You shall not sell, lease, transfer, sublicense, or otherwise make available or permit access to the Products or any portion thereof, to any third party.
4. TERMINATION. This Agreement shall remain in force until terminated. Parameter Insights may terminate this Agreement or suspend your access to the Products at any time without notice or reason.
5. LIMITATION OF LIABILITY. Parameter Insights shall not be liable for any damages, whether direct, indirect, consequential, special, incidental or otherwise, incurred by you arising as a result of this Agreement or your access to, use of or reliance upon the Products.
6. NO WARRANTY. THE PRODUCTS ARE PROVIDED TO YOU "AS IS". ANY OPINIONS REFLECT PARAMETER INSIGHTS’ JUDGMENT AT THE TIME AND ARE SUBJECT TO CHANGE. PARAMETER INSIGHTS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AS TO ACCURACY, COMPLETENESS, OR ADEQUACY OF INFORMATION. PARAMETER INSIGHTS RESERVES THE RIGHT TO MODIFY PRODUCTS AT ANY TIME.
7. MISCELLANEOUS. This Agreement and any usage guidelines that Parameter Insights may post on its Site from time to time shall be the complete agreement between Parameter Insights and you regarding the Products. This Agreement may not be changed or amended except in writing signed by both parties hereto. Ontario law shall govern the interpretation of, and the parties hereby select the courts of Ontario to resolve any disputes arising under, this Agreement. In the event any provision of this Agreement shall not be enforceable, the remainder of this Agreement shall continue in full force and effect.