The following terms and conditions (” Terms of Service “) govern use of the platforms run by the demandmatrix.com website (the “Website). The Services are owned and operated by Intent Base LLC (” dba DemandMatrix “). Please read these Terms of Service carefully before using any of the Platforms or the Services offered by DemandMatrix.
BY USING OR ACCESSING ANY OF THE PLATFORMS OR SERVICES, the CLIENT AGREES TO BE BOUND BY THE TERMS OF SERVICE AND ALL POLICIES, AND GUIDELINES INCORPORATED. THIS AGREEMENT IS LEGALLY BINDING AND CONDITIONS USE OF THE PLATFORM AND SERVICES.
If Client does not agree to all the terms and conditions of this Agreement, they may not use the Platform or the Services.
1. Description of Services
DemandMatrix continuously collects and analyzes digital signals to determine the use of different technologies.
2. Intellectual Property
The Platform and Services run by DemandMatrix are protected by copyright, trade laws and other forms of intellectual property, for which all right, title and interest belong to DemandMatrix. Client acknowledges that no rights other than those rights granted to use the Platform or Service are granted under this Agreement.
Client may choose to or DemandMatrix may invite you to submit comments, ideas or suggestions about the Platform and Services, including information on how to improve the Services of other DemandMatrix products. By submitting any feedback, Client agrees that such disclosure is gratuitous, unsolicited and without restriction and will not place DemandMatrix under any fiduciary or other obligation. DemandMatrix is free to use such feedback without any additional compensation to Client.
4. Subscriber List
On agreeing to pay for and downloading user lists from the Platform or Service offered by DemandMatrix, the Client agrees to automatically be subscribed to the DemandMatrix Blog, Newsletter, Email list and any other marketing promotional activity. If the Client wishes to opt-out of these, an email can be sent on firstname.lastname@example.org.
The Client may not sublicense, resell, share or use the list downloaded for any purpose other than for business use. For any other type of use not included in this Agreement in relation to the Platform or Service, explicit permission in writing will be required from DemandMatrix. Client is prohibited from reverse engineering, decompiling, disassembling or otherwise attempting to discover the DemandMatrix source code or database. Client may not: (a) use the Platform or Service for any unlawful purpose, (b) use the Service in a manner that may damage, disable, verburden or impair associated DemandMatrix Services, or (c) use the Service to violate another person or other business’s intellectual property rights, terms of service or other statutory or contractual rights. Client agrees to hold harmless and indemnify DemandMatrix, and its affiliates, officers, directors, agents, employees, or partners from and against any third party claims arising from or in any way relating to your violation if any of this agreement. Client shall provide DemandMatrix with accurate, complete information during the initial registration or use of the Platform or Service as the case may be. It is Client’s responsibility to inform DemandMatrix of any changes to contact information.
For billing purposes, the amount payable is determined by the number of users in the list being downloaded.
7. Content Ownership
DemandMatrix shall at all times retain full right and ownership of the information and content that is being served by the Platform. By agreeing to these Terms and Conditions, Client affirms that such action will not violate any applicable contract, policy, law or regulation to which the Client is currently subject.
8. Usage of Client’s Logo
Client grants DemandMatrix the right to use the Client’s company logo for social media and associated promotions. DemandMatrix may not modify or change the logo in any way and the logo may only be used for purposes of identifying Client as a DemandMatrix customer. For purposes related to the collection and sharing of feedback, if Client does not provide their photograph, DemandMatrix is allowed to use one from Client’s LinkedIn profile.
9. Payment for Services
Client shall pay DemandMatrix the Service fee in accordance with the terms of this Agreement. All payments must be made in U.S. dollars and, when paid, are non-cancelable, non-contingent and non-refundable, except as otherwise provided herein. If Client chooses to make payment by credit card, Client shall grant permission to DemandMatrix to charge Client’s credit card for each list downloaded based on the quantity. If Client desires a refund after making a payment to download one list, in lieu of a refund, DemandMatrix will offer another data list in place of the first list.
Confidential Fee Information
The pricing of the Platform and Service by DemandMatrix, both for its elements and in the aggregate is DemandMatrix’s Confidential Information.
10. Relationship between Parties
Neither these Terms nor the parties’ business relationship for the purpose of using the Platform will be construed as a partnership, joint venture or agency relationship or as granting a franchise.
Neither party will disclose the other’s Confidential Information without the other’s written consent except (a) to obtain advice from legal or financial consultants, or (b) if compelled by law, in which case the disclosing party will use commercially reasonable efforts to give the other party notice of the requirement so the disclosure can be contested. Each party will take reasonable precautions to safeguard the other’s Confidential Information, which will be at least as great as those the party takes to protect its own Confidential Information, but in no event less than reasonable care.
12. Applicable Law
The laws of the United States and, specifically, those of the state of Washington DC, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between Client and DemandMatrix or its affiliates.
13. Notices/Electronic Communication.
All notices given in accordance with the provisions of this Agreement shall be in writing and sent by first class mail or email, to the addresses indicated by the Client when necessary. The Parties agree to receive electronic documents and accept electronic signatures (information attached or logically associated with such document and clicked or otherwise adopted with an intent to sign) including in counterparts which shall be valid substitutes for paper-based documents and signatures, and the legal validity of a transaction will not be denied on the ground that it is not in writing.
Client agrees that DemandMatrix may modify the terms of this Agreement or any policy governing the Services from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to the Agreement by (i) posting a notice on the Website for 30 days following any revisions or modifications to this Agreement, or (ii) posting a notice on the Website the first time that you visit the Website following such revisions or modifications or (iii) providing direct notice of such changes in a communication to your client account details. By continuing to use the Services following receipt of such notice, you consent to the revised or modified terms of this Agreement. Client further agrees to visit the Website at least once every 30 days to review any notices of revisions or modifications to this Agreement.
15. Complete Agreement.
This Agreement is the final, complete, and exclusive Agreement concerning its subject matter, superseding any prior or contemporaneous written or oral agreements. There are no other representations, warranties, agreements or undertakings, written or oral, between or among the Parties to this Agreement, or those released in it, that are not fully expressed in this writing.
16. Effective Date of this Terms of Service.This Terms of Service is effective as of May 25, 2018.
A variety of information, reviews, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) may be made available through the Platform. While DemandMatrix strives to keep the Content that it provides accurate, complete, and up-to-date, DemandMatrix cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any Content.
18. DemandMatrix does not wish to receive confidential or proprietary information from you through the Platform. Therefore, any Client Data that you provide to DemandMatrix will be deemed NOT to be confidential.
19. Proprietary Rights:
You acknowledge and agree that DemandMatrix owns all legal rights, title and interest in and to the Platform and Services. The content is protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
20. License from DemandMatrix and Restrictions on Use:
-You may not (and you may not permit anyone else to: (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Platform or Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by DemandMatrix, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.
-You may not access the Platform or Services for the purpose of bringing an intellectual property infringement claim against DemandMatrix or for the purpose of creating a product or service competitive with DemandMatrix Services.
-You may not use the Platform or Services if you have been barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Platform and Services. You affirm that you are over the age of 18, the Services are not meant for those under 18.
21. Payment Terms:
Payment of fees for use of the Platform and download of list is governed by the payment terms of the Standard Terms and any applicable terms if set forth between You and DemandMatrix.
22. Privacy Policies:
23. Modification and Termination of Services:
o You acknowledge and agree that the form and nature of the Platform and Services which DemandMatrix provides may change from time to time without prior notice.
24. Changes to the Terms
These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Platform or Services. It is your responsibility to review these Terms for any changes.
25. DISCLAIMER OF WARRANTY
o YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK.
26. LIMITATION OF LIABILITY
SUBJECT TO SECTION 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DEMANDMATRIX, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR DATABASE-RELATED SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
27. Third-Party Content
The Services may include references or hyperlinks to other web sites or content or resources or email content. DemandMatrix has no control over any web sites or resources which are provided by companies or persons other than DemandMatrix.
You acknowledge and agree that DemandMatrix is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that DemandMatrix is not liable for any loss or damage which may be incurred by you or other users as a result of the availability of those external sites or resources.
29. Contact Us
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at: email@example.com.
When submitting a complaint, please provide a brief description of the nature of your complaint.