THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY
MARKET TRACK, LLC (“MARKET TRACK,” “WE” OR “US”).  BY ACCESSING THIS
SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE
TERMS OF USE.

THESE TERMS OF USE ARE SUBJECT TO CHANGE AT ANY
TIME IN OUR DISCRETION.  YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE
IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE
CHANGES.  PLEASE CONSULT THESE TERMS OF USE REGULARLY.

 

Order of Precedence
In the event of any inconsistency between these (a) Terms of Use and (b)
any written agreement (e.g., Master Client Agreement, AdView™ Terms and
Conditions of Use, Service Agreement, etc.) between you and Market Track pursuant to which Market Track provides products and/or services
to you (a “Subscription Agreement”), the Subscription Agreement shall
control.

 

Proprietary Information
The material and content accessible from this site (collectively, the
“Content”) is our proprietary information or the proprietary information
of the party that provided the Content to us, and Market Track or such
party retains all right, title, and interest in the Content.  The
Content may not be copied, distributed, republished, uploaded, posted,
or transmitted in any way without our prior written consent, except that
you may print out a single copy of Content found on the public,
non-password-protected portions of the site.  In doing so, you may not
remove or alter, or cause to be removed or altered, any copyright,
trademark, trade name, service mark, or any other proprietary notice or
legend appearing on any of the Content.  Modification or use of the
Content except as expressly provided in these Terms of Use violates our
intellectual property rights.  Neither title nor intellectual property
rights are transferred to you by access to this site.

 

Restrictions On Use
You may use this site for the purposes expressly permitted by this site,
namely (a) finding general information regarding our company, products
and services, and (b) if you have a valid Subscription Agreement,
accessing subscription-based Content on the terms and conditions set
forth in such Subscription Agreement.  Notwithstanding any other
provision of these Terms of Use, you may not use this site for any other
purpose, including without limitation accessing any password-protected,
subscription-based or non-public information, without our prior written
consent.  For example, you may not (and may not authorize any other
party to) (a) co brand this site, (b) frame this site, or (c) link to
this site, without our prior written consent.  For purposes of these
Terms of Use, “co branding” means to display a name, logo, trademark, or
other means of attribution or identification of any party in such a
manner as is reasonably likely to give a user the impression that such
other party has the right to display, publish, or distribute this site
or content accessible within this site.  You agree to cooperate in
causing any unauthorized co-branding, framing, or linking immediately to
cease.

Submissions
You hereby grant to us a royalty-free, perpetual, irrevocable,
worldwide, non exclusive right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
perform, and display all content, remarks, suggestions, ideas, graphics,
or other information communicated to us through this site (together,
the “Submission”), and to incorporate any Submission into other works in
any form, media, or technology now known or later developed.  We will
not be required to treat any Submission as confidential, and may use any
Submission in our business (including without limitation, for products
or advertising) without incurring any liability for royalties or any
other consideration of any kind, and will not incur any liability as a
result of any similarities that may appear in our future product or
service offerings.  We will treat any personal information that you
submit through this site in accordance with our Privacy Policy.
Indemnification

You will indemnify, defend and hold Market Track, its subsidiaries, parents, affiliates, licensors, content
providers, service providers, employees, agents, officers, directors,
members, owners and agents (collectively, “Market Track Parties”)
harmless from any breach of these Terms of Use by you, including any use
of Content other than as expressly authorized in these Terms of Use.
You agree that the Market Track Parties will have no liability in
connection with any such breach or unauthorized use, and you agree to
indemnify, defend, and hold the Market Track Parties harmless from any
losses, damages, judgments, awards, costs, expenses, and attorneys’ fees
incurred in connection therewith.  You will also indemnify, defend, and
hold the Market Track Parties harmless from and against any claims
brought by third parties arising out of your use of the information
accessed from this site.

 

Information You Provide
You may not post, submit, publish, or transmit in connection with this site any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this site;
  • threatens or abuses others, libels, defames, invades privacy,
    stalks, is obscene, pornographic, racist, abusive, harassing,
    threatening or offensive;
  • seeks to exploit or harm minors by exposing them to inappropriate
    content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or
    person, including violating anyone’s copyrights or trademarks or their
    rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates
    or misrepresents your connection to any other entity or person or
    otherwise manipulates headers or identifiers to disguise the origin of
    the content;
  • advertises any commercial endeavor (e.g., offering for sale products
    or services) or otherwise engages in any commercial activity (e.g.,
    conducting raffles or contests, displaying sponsorship banners, and/or
    soliciting goods or services) except as may be specifically authorized
    on this site;
  • solicits funds, advertisers, or sponsors;
  • includes programs which contain viruses, worms and/or Trojan horses
    or any other computer code, files, or programs designed to interrupt,
    destroy, or limit the functionality of any computer software, hardware,
    or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll
    faster than other users are able to type, or otherwise act in a way
    which affects the ability of other people to engage in real time
    activities via this site;
  • disobeys any policy or regulations established from time to time
    regarding use of this site or any networks connected to this site; or
  • contains links to other sites that contain content that falls within the descriptions set forth above.

 

Market Track reserves the right to monitor use of this site to determine
compliance with these Terms of Use and any Subscription Agreement, as
well as the right to remove or refuse any information for any reason.
Market Track may track and analyze your use of this Site, and any
Submissions, for research, development and marketing purposes.
Notwithstanding these rights, you remain solely responsible for the
content of your Submissions.  You acknowledge and agree that neither any
of the Market Track Parties nor any third party that provides Content
to Market Track will assume or have any liability for any action or
inaction by Market Track or such third party with respect to any
submission.

Permissions
You hereby grant us the right to review, mine, scrape, harvest, extract,
analyze and record content available on the public,
non-password-protected portions of your websites and social media
resources (e.g., Facebook pages), and the websites and social media
resources of your affiliates, for inclusion in our proprietary databases
and in our subscription-based Content, notwithstanding any contrary
provision of the terms of use pertaining thereto.

Security

You are prohibited from using any services or facilities provided in
connection with this site to compromise security or tamper with system
resources and/or accounts. The use or distribution of tools designed for
compromising security (e.g., password-guessing programs, cracking tools
or network-probing tools) is strictly prohibited. If you become
involved in any violation of system security, Market Track reserves the
right to release your details to system administrators at other sites in
order to assist them in resolving security incidents.  Market Track reserves the right to investigate suspected violations of these Terms of
Use.

Market Track reserves the right to fully cooperate with any
law enforcement authorities or court order requesting or directing
Market Track to disclose the identity of anyone posting any e-mail
messages, or publishing or otherwise making available any materials that
are believed to violate these Terms of Use.  BY ACCEPTING THESE TERMS
OF USE YOU WAIVE AND HOLD HARMLESS THE MARKET TRACK PARTIES FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE MARKET TRACK PARTIES
DURING OR AS A RESULT OF ANY INVESTIGATIONS AND/OR FROM ANY ACTIONS
TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MARKET TRACK PARTIES
OR LAW ENFORCEMENT AUTHORITIES.

 

Links
This site may be linked to other sites which are not maintained by, or
related to, us.  Links to such sites are provided as a service to users
and are not sponsored by or affiliated with this site.  We have not
reviewed any or all of such sites and are not responsible for the
content of those sites.  Links are to be accessed at the user’s own
risk, and we make no representations or warranties about the content,
completeness, or accuracy of these links or the sites linked to this
site.  Further, the inclusion of any link to a third-party site does not
necessarily imply our endorsement of that site or its content.

 

Disclaimer
All of the Content, whether historical in nature or forward-looking,
speaks only as of the date the information is posted on this site, and
Market Track does not undertake any obligation to update such
information after it is posted or to remove such information from this
site if it is not accurate or complete.

Limitation of Liability
MARKET TRACK PROVIDES THIS SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS,
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NONINFRINGEMENT, ACCURACY, ADEQUACY, COMPLETENESS OR
CURRENTNESS.  YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO
CIRCUMSTANCES SHALL ANY OF THE MARKET TRACK PARTIES BE LIABLE FOR
CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, SUCH
AS DAMAGES FOR LOST PROFITS, BUSINESS FAILURE OR LOSS, EVEN IF ADVISED
OF THE POSSIBILITY OF SAME.  IN NO EVENT WILL THE LIABILITY OF MARKET TRACK TO ANY PARTY RELATING TO THIS SITE (REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $10.

Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws
of Illinois, United States of America, notwithstanding any principles
of conflict of laws.  You specifically consent to the personal
jurisdiction of the courts located in Illinois in connection with any
dispute between you and Market Track arising out of these Terms of Use
or pertaining to the subject matter hereof.  The exclusive venue for any
such dispute will be in the state and federal courts in Chicago,
Illinois.  If any part of these Terms of Use is unlawful, void, or
unenforceable, that part will be deemed severable and will not affect
the validity and enforceability of any remaining provisions. These Terms
of Use (and any Subscription Agreement in force from time to time)
constitute the entire agreement among the parties relating to the
subject matter hereof.  Notwithstanding the foregoing, any additional
terms and conditions on this site will govern the items to which they
pertain.  Market Track may revise these Terms of Use at any time by
updating this posting.

 

Technical Requirements
You are responsible for complying with the hardware and software
requirements of this site, which may change over time without notice to
you (e.g., support for access via outdated web browsers may be
terminated).

Last updated: May 6, 2011.

 

© 2010-2014 Market Track, LLC