Terms and Conditions of Use
1. Description of Service, Acceptance of Terms, Modification
The Tobe Report, a division of Henry Doneger Associates, Inc. ("Company"), provides users ("You" or "Your") of the web pages located at https://www.tobereport.com (the "Site") with a platform for the discovery of information relating to the consumer insights, and incorporates certain features, functions or services on the Site (collectively, the "Service"). Much of the Site and the Services are only available to users who become Members. "Members" are Company clients or subscribers of the Company's Services who have authorized selected employees to access the Site. To become a Member, You must provide Company with certain personal information and create an account.
Only authorized employees and representatives of Members are allowed to access and use the Site and the Service. If You leave Your employment with a Member for any reason, You are no longer authorized to access the Site or use the Services.
These Terms and Conditions of Use (the "Terms") applies to all users of the Site or Service. If You choose to use the Site or Service, You will be agreeing to abide by all of these Terms. Company may change, add or remove portions of these Terms at any time.
IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
Company may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Company may also impose limits on certain features and services or restrict Your access to parts or all of the Service without notice or liability.
In addition, when using particular Company services, You and Company shall be subject to any additional terms, guidelines or rules applicable to such services, which may be posted from time to time. All such additional terms, guidelines and rules are hereby incorporated by reference into these Terms. Also, Company may offer other services from time to time that are governed by different terms of service.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Company properties, shall be subject to these Terms.
3. Intellectual Property
As between You and Company, Company is the owner of all copyrights, patents, trademarks and all other intellectual property rights associated with the Site and the Service, including, but not limited to, all associated software, logos, text, and graphics. You agree not to use any Company intellectual property without Company's prior written permission, such permission to be at Company's sole and absolute discretion. YOU AGREE NOT TO POST ANY CONTENT ON THE SITE.
4. License and Site Access
Company grants You a limited, revocable, non-sublicenseable, non-transferrable license to access and make personal use of the Site and the Service. If You are an employee or representative of a Member or other Site user, this license extends to You only to the extent that You maintain such employment or other relationship, and You may only use and access the Site and the Service on Your behalf of the authorized user or Member.
You agree not to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of the Site, the Service, or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site is for Your personal use only and may not be used for any commercial endeavors except those that may be specifically endorsed or approved by Company from time to time, such approval to be at the sole and absolute discretion of Company. Illegal and/or unauthorized use of the Site or Service, including collecting usernames, email addresses or other content by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Site or other illegal purposes will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from posts or accounts without notice and may result in termination of membership privileges. Company will take appropriate legal action for any illegal or unauthorized use of the Site or the Service. The Site, Service, or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company, such consent to be at the sole and absolute discretion of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, text, page layout, or form) of Company and our affiliates or other users, except as otherwise provided and made available through the Site or the Service. You may not use any meta tags or any other "hidden text" utilizing Company's name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Company so long as the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may use Company logo or other proprietary graphic or trademark of Company as part of the link, subject to Company's usage requirements and Company's right to revoke such permission in its sole discretion.
5. Account, Password, Security
a) You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. Certain Site features and Services may require a subscriber or registration fee to gain access. Members agree not to share their username and password with anyone.
If You obtain a username and password from or through Your employer, You must immediately stop using such username and password upon any termination of such employment relationship. You must destroy any login information You may have obtained from a former employer immediately, and are not permitted to retain any copies of such information, or transfer or allow anyone else to use such username and/or password for any reason.
b) You agree to (i) immediately notify Company of any unauthorized use of Your password or account or any other breach of security, and (ii) ensure that You exit from Your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 5.
d) Company reserves the right to approve any Membership application at any time for any reason with any conditions at the sole discretion of Company. Company reserves the right to terminate any Member account at any time for any reason with any conditions at the sole discretion of Company.
You agree to not use the Site or export any portion of the Site in violation of U.S. export regulations. You are responsible for adhering to all relevant local and national laws wherever You are.
You agree to abide by these Terms and to not use the Service to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Service; (ii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (iii) collect or store personal data about other users; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other user without their prior explicit consent.
8. Third-Party Content, Links and Syndication
9. "AS IS" USE
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY 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 NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU. THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
10. Limited Liability
IN NO EVENT SHALL COMPANY BE LIABLE TO ANY USER FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY. USER AGREES AND ACKNOWLEDGES THAT ITS SOLE REMEDY IN THE EVENT OF A DISPUTE WITH COMPANY IS TERMINATION OF ITS USE OF THE SITE.