TERMS AND CONDITIONS
Welcome to the Center for Advertiser Intelligence web site located at http://advertiserintelligence.com (the “Web Site”). This Web Site is maintained and operated by Advertiser Perceptions, Inc. (“Advertiser Perceptions”, “we”, “our” or “us”).
Please read this carefully. these terms and conditions contain provisions that govern how disputes between us are resolved, which include a jury trial waiver and a class action waiver.
Your access and use of the Web Site is subject to the following terms and conditions (the “terms and conditions”) and all applicable laws. by accessing or using any part of the Web Site, you accept, without limitation or qualification, these terms and conditions. if you do not agree with all of the terms and conditions set forth below, you may not use any portion of the Web Site.
Authorized Use of Web Site: Provided that you comply at all times with these Terms and Conditions, we hereby give you a personal, worldwide, revocable, non-assignable and non-exclusive right to access and use the Web Site to the extent we make it available to you in the manner and for the purposes expressly permitted by these Terms and Conditions. You may not assign or sub-license your rights to use the Web Site or otherwise transfer any part of your rights to use the Web Site and any such attempt shall be null and void at the time of such attempt. We reserve all right, title and interest in and to the Web Site not expressly granted to you under these Terms and Conditions.
Unauthorized Use of Web Site: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Web Site. Further, you may not use any such automated means to manipulate the Web Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Web Site or any other user’s use of the Web Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Web Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Web Site within another web site. You may not resell use of, or access to, the Web Site to any third party without our prior written consent.
Proprietary Rights: Advertiser Perceptions is the owner of or otherwise licensed to use all parts of the Web Site, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Web Site belong to third parties who have authorized Advertiser Perceptions to display the materials, such as portfolio works, client logos and trademarks and other proprietary materials. By using the Web Site, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Web Site. All rights not granted under these Terms and Conditions are reserved by Advertiser Perceptions.
No Ideas Accepted: We do not accept any unsolicited ideas from outside the company including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Web Site, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Advertiser Perceptions an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
Links: This Web Site may contain links to other web sites not maintained by Advertiser Perceptions. Other web sites may also reference or link to our Web Site. We encourage you to be aware when you leave our Web Site and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites.
No Warranties; Limitation on Liability: ADVERTISER PERCEPTIONS USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEB SITE, HOWEVER, TO THE FULLEST EXTENT PERMITTED BY LAW, ADVERTISER PERCEPTIONS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE WEB SITE OR THE CONTENT MADE AVAILABLE ON THE WEB SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ADVERTISER PERCEPTIONS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE USE OF THE WEB SITE OR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE WEB SITE. YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ADVERTISER PERCEPTIONS DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ADVERTISER PERCEPTIONS BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER THESE TERMS AND CONDITIONS, SHALL NOT EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE DURING THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100.00.
Changes: All information posted on the Web Site is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Web Site. You should check the Web Site for such changes frequently. Your continued access of the Web Site after such changes conclusively demonstrates your acceptance of those changes.
Indemnification: You agree to indemnify, defend and hold harmless Advertiser Perceptions, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.
Severability: If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Waiver; Remedies: The failure of Advertiser Perceptions to partially or fully exercise any rights or the waiver of Advertiser Perceptions of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Advertiser Perceptions or be deemed a waiver by Advertiser Perceptions of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Advertiser Perceptions under these Terms and Conditions and any other applicable agreement between you and Advertiser Perceptions shall be cumulative, and the exercise of any such right or remedy shall not limit Advertiser Perceptions’ right to exercise any other right or remedy.
Governing Law; Dispute Resolution; Arbitration:
PLEASE READ THIS SECTION CAREFULLY–IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
The laws of the state of New York shall govern these Terms and Conditions. While we will make reasonable efforts to resolve any disagreements you may have with Advertiser Perceptions, if these efforts fail you agree that all claims, disputes or controversies against Advertiser Perceptions, its parent companies, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors arising out of these Terms and Conditions, or the Web Site are subject to fixed and binding arbitration (except for matters that may be taken to small claims court) in accordance with the commercial arbitration rules of the American Arbitration Association. We will not choose to arbitrate any claim you bring in small claims court. However, if such a claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.
Accordingly, you hereby waive all rights to trial in any action or proceeding instituted in connection with the Web Site or these Terms and Conditions. Further, any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the County of New York, New York. Without limiting the foregoing, to the extent you have in any manner violated or threatened to violate Advertiser Perceptions’ intellectual property rights (e.g., trademark, trade secret, copyright, or patent rights). Under such circumstances Advertiser Perceptions may bring a lawsuit for injunctive relief to stop unauthorized use or abuse of the Web Site, or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
If you wish to begin arbitration against us but you cannot afford to pay the organization’s or arbitrator’s costs, we will pay those costs if you ask us in writing. Any request like this should be sent to [email protected]. If you lose the arbitration, the arbitrator will decide whether you must reimburse us for money we advanced for you for the arbitration. If you win the arbitration, we will not ask for reimbursement of money we advanced.
International Access: The Web Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Web Site in any other country.
Questions: Should you have any questions regarding these Terms and Conditions you may contact us at [email protected].
Effective Date: These Terms and Conditions are effective and were last updated on April 1, 2017.
Personally Identifiable Information That We Collect: We do not collect personally-identifying information about you unless you voluntarily submit that information to us through our contact pages, by e-mail, when you create an account or some other means. The personally identifiable information could include your name, address, e-mail address, telephone number, credit card number and payment information, and any other information you choose to provide.
Non-Personal Or Aggregate Information That We Collect: When you visit the Web Site, we may automatically collect certain non-identifying information about you, such as your IP type, IP host address, ISP address, cookie IDs and segment IDs associated with cookie IDs, pages viewed and/or search terms entered, browser type, operating system, duration and frequency of visits, anonymous usage statistics including frequency of messaging and interaction with other users, clickstream data, downloads, anonymized demographic information such as age and gender, and other log file data. We may also aggregate information collected from our users (such as the number of users in a particular region or having particular characteristics).
Information Usage: We will only use your personally identifiable information as described below, unless you have specifically consented to another type of use, either at the time the personally identifiable information is collected from you or through some other form of consent from you or notification to you:
- We will use personally identifiable information to operate the Web Site and to provide you with any specific services that you have requested.
- We may use your personally identifiable information to respond to your direct inquires.
- We will use your personally identifiable information to add you to our mailing lists and to send you emails from time to time.
- We may permit our vendors and subcontractors to access your personally identifiable information, but they are only permitted to do so in connection with performing services for us. They are not authorized by us to use the information for their own marketing purposes.
- We may disclose personally identifiable information as required by law or legal process.
- We may disclose personally identifiable information to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the policies for the Web Site or the rights of third parties or to investigate any suspected conduct which we deem improper.
- We may transfer your personally identifiable information in connection with a bankruptcy proceeding or the sale, merger or change of control of Advertiser Perceptions or the division responsible for the services with which your personally identifiable information is associated.
- Finally, please note that if you specifically consent to additional uses of your personally identifiable information, we may use your personally identifiable information in a manner consistent with that consent.
Non-personal or aggregate information may be shared with any number of parties, provided that such information shall not specifically identify you. We may also use such non-personal or aggregate information for a variety of purposes, including to analyze interactions with and performance of our Web Site and to customize and improve the consumer experience. We may also use such data from third parties (such as data vendors) pursuant to their own privacy policies, and provide access to or share such non-personal or aggregate with any number of third parties, including but not limited to business partners, and affiliates. Similarly, we may enhance the data collected via our Web Site with non-personally identifiable information collected from our business partners.
You may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Note that this may cause some features of the Web Site to work incorrectly. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile tracking activities via their device settings. For further information, please see the “Opt-Out Process” section below.
Clickstream Data: As you use the Internet, a trail of electronic information is left at each web site you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a web site’s server. Clickstream data can tell us the type of device and browsing software you use and the address of the web site from which you linked to the Web Site. We may collect and use clickstream data to anonymously determine how much time visitors spend on web sites, how visitors navigate throughout web sites and how we may tailor our Web Site to better meet consumer needs. This information will be used to improve our Web Site and our services. Any collection or use of clickstream data will be anonymous, and will not intentionally contain any personally identifiable data.
Security and Data Retention: We have undertaken and will undertake commercially reasonable efforts designed to prevent unauthorized access to user data retained in our servers, however, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online. We retain your personally identifiable information, if provided by you through the Web Site, for as long as your inquiry is active (as determined by us) and for a reasonable time thereafter, or if applicable, for as long as you remain on our marketing list. We also may retain your personally identifiable information for a longer period of time as needed to provide you services or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your personally identifiable information, we may continue to retain and use aggregate or anonymous data previously collected and/or anonymize or aggregate your personal information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.
Other Web Sites: As a convenience to you, we may provide links to third party web sites from within the Web Site. We are not responsible for the privacy practices or content of these third party sites, and by providing a link we are not endorsing or promoting such third party sites. When you link away from our Web Site, you do so at your own risk. We encourage you to read the policies and terms of every web site you visit.
Social Networking Services: The Web Site may integrate with social networking services. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Web Site, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.
Public Areas of the Web Site: On the Web Site, we may provide message boards and/or other publicly accessible forums for you to post comments and messages for others to read. We may collect technical information about your post, such as the IP address from which you posted, and associate this information with your messages. Even if messages are deleted, we may retain copies and attendant information indefinitely. When you post messages to such public areas of the Web Site, certain registration information, such as your email address, user name and/or full name, may be available to the public. Also note that any information you include in the body of your message or submissions will be available to the public so it is important for you to exercise discretion and appropriate caution when deciding what information to reveal in these public areas. The Web Site is unable to control any use of the information shared by you in these public areas, and by using these services on the Web Site, you assume the risk that the information provided by you may be viewed and used by third parties.
Information Relating to Children: Our Web Site is designed for those 13 years of age and older. We do not knowingly collect information from anyone under the age of 13. If we are made aware that we have received such information, or any information in violation of our policy, we will use reasonable efforts to locate and remove that information from our records.
While it is our policy not to accept unsolicited marketing ideas, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
As noted above, you may opt-out of or restrict the placement of cookies on your device or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on many mobile devices. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.