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Terms of Use

Last updated: May 20, 2015

Welcome to adexchangerresearch.com.  This website (the “Site”) is operated by Jebbert LLC dba AdExchanger Research (collectively, "we," "us" or "our", “Jebbert”, “AdExchanger Research”).   Your use of, and access to, this Site is subject to these Terms of Service (these "Terms"). These Terms are a legal agreement between you and us, and they contain important information on your legal rights, remedies and obligations. By accessing, browsing or otherwise using the Site, you (i) acknowledge that you have read and understand, and are agreeing to be bound by these Terms and that you are agreeing to comply with all applicable laws, rules, policies and regulations; and (ii) represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside, or, if you are minor, you have obtained the consent of your parents or legal guardian, and are able and competent to give us rights as detailed in these Terms, and to comply with these Terms.  This Site is not for children under 13 years of age and in no event shall any child under the age of 13 use the Site.  You further acknowledge and agree that your access to and use of the Site and the services provided through the Site are valuable benefits that you receive by agreeing to, and complying with, these Terms. If you do not wish to agree to these Terms, you may not access, browse or use the Site and you should discontinue these activities immediately.

We may change or revise these Terms at any time, for any reason and without notice, and if you use or access the Site or any services offered on the Site at any time on or after the “Last Updated As Of” date set forth above, you are deemed to have been notified of, and your use or access of the Site or any such services after that date signifies your acceptance of, any changes or revisions arising on or before that date.  For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of these Terms. You can address your questions or concerns regarding these Terms to webmaster@adexchangerresearch.com.

 

PRIVACY POLICY

We respect your privacy and share your concern about its protection. Our Privacy Policy (http://adexchanger.com/privacy-policy/) constitutes a part of these Terms and explains how we may collect, use and protect information that we learn about you as a result of your interaction with us through the Site.

 

COPYRIGHT AND OWNERSHIP

All data, analysis, research, and any other information and content produced by us (the “Site Content”) in any form, is proprietary to us and is protected by U.S. and foreign laws governing intellectual property. All Site Content published by us or presented by our employees, in any form, is copyright protected, inclusive of material appearing in a hard-copy format, electronically, on our website or via any other means. While some of our Site Content might not include copyright notice, applicable laws do not require copyright notice to validate copyright protection of our Site Content and omission of copyright notice does not invalidate copyright protection, and it does not indicate that we authorize the reproduction of such proprietary material at any time.


INDIVIDUAL OR NAMED USER ACCESS

Access to the Site Content is restricted to individual purchasers of fee-based Site Content or named users employed by a paid client organization ("Paid Client(s)").  In the instance of a Paid Client relationship between AdExchanger Research and an organization, your use of and access to the Site Content is governed by an end-user agreement between us and your organization.


USE AND DISTRIBUTION OF SITE CONTENT

Users may not redistribute, copy, forward, or circulate the Site Content, which includes but is not limited to research, analysis, data or other information produced by us, or any part thereof, whether electronically or otherwise, without our express, written permission.  Only named users with passwords are allowed to access the Site Content.  Passwords may not be shared but can be transferred if a user no longer works for a Paid Client or is transferred to a different role.  If a password is transferred pursuant to one of the exceptions noted above (that is, departed or new role) then the client represents that no duplication of users occurs with respect to such password. Paid Clients may retain or store any items in any archival or retrieval system that is not a shared folder.  At no time may materials produced by us be forwarded to external e-mail aliases – i.e., e-mail addresses existing for the purpose of redistribution to a broader group of interested individuals.  JEBBERT IS NOT LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM UNAUTHORIZED USE OF A USER NAME OR PASSWORD.

Public reproduction or re-publication of AdExchanger Research Content is forbidden and requires the express, written permission of AdExchanger Research.  Users may only quote our analysts or reports with our express, written permission and must cite AdExchanger Research as the source of the information according to our instructions.  Paid Clients may summarize Site Content for internal distribution if the Paid Client cites AdExchanger Research as the source.

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WARRANTY DISCLAIMERS

We administer, control and operate the Site from our offices in New York State, the United States of America. The Site is accessible world-wide; however, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Site and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Site may not be legal in your jurisdiction. If you choose to access, browse or use the Site, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person and geographic area. Any offer for any feature or function made on the Site is void where prohibited.

The Site provides information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Site.

Some Site Content is provided by the users of the Site. With the exception of the limited license granted in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such Site Content. We do not independently verify the representations and warranties made by the users with respect to such Site Content.

We do not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Site or any of Site Content. We are not liable for any errors, omissions, or inaccurate Site Content.

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THE SITE AND SITE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. WE DO NOT WARRANT THAT THE SITE OR SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THE SITE OR YOUR DOWNLOADING OF THE SITE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN..

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LIMITATION OF LIABILITY

EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL THE JEBBERT PARTIES OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE THE LIABILITY OF THE JEBBERT PARTIES AND THEIR OFFICERS, DIRECTORS, MEMBERS AND EMPLOYEES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL THE JEBBERT PARTIES OR THEIR OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE JEBBERT PARTIES OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR FOR ANY OF YOUR ACTIVITIES ON THE SITE DURING THE THREE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER.

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Notification and Counter-Notification of Claim of Copyright Infringement

We respect the intellectual property rights of others and require our users to do the same.

To notify us of your claim of copyright infringement with respect to any Site Content, please send a written communication to our designated copyright agent:

AdExchanger Research

41 East 11th St., Fl 11

New York, NY 10003

212.699.3781

fax 917.677.8442

 

Do not contact us using the above contact information for anything other than for notifying us of a claim of copyright infringement.  For all other inquires, please contact us at webmaster@adexchangerresearch.com

Your notice must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative sample of such works or a link or URL to such works;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, as well as a link or URL to all such material at the Site;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receiving a proper notification of copyright infringement as described above, we will remove or disable access to the allegedly-infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in, and required by, The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512.

Counter-Notices.  If your Content was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications is as follows:

  1. To file a counter-notification with us, you must provide our Copyright Agent, at the address set forth above, with a written communication that sets forth the items specified below.
  2. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. 
  3. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of (or access privileges by) Users who are  infringers.  Accordingly, if you are not sure whether certain material infringes your copyright or the copyrights of others, we suggest that you first contact an attorney.

To expedite our ability to process your counter-notification, please use the following format (including section numbers):

  1. Identify the specific URLs of (or other information sufficient to allow us to identify) material that we have removed or to which we have disabled access.
  2. Provide your full name, address, telephone number, email address and, if you are a registered user, the user name of your user account.
  3. Provide a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the U.S.A., the Federal District Court for the Central District of California, and that you will accept service of process from the person who provided notification to our Copyright Agent in accordance with the process outlined above, or an agent of such person.
  4. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  5. Sign the notice.  If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted.  Send the communication to the following address:

AdExchanger

41 East 11th St., Fl 11

New York, NY 10003

212.699.3781

fax 917.677.8442

 

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement.  Please note that when we forward the counter-notification, it includes any of your personally identifiable information set forth in the counter-notification.  By submitting a counter-notification, you consent to having such personally identifiable information revealed in this way.  We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site.  If we receive such notification, we will be unable to restore the items.  If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).

Foreign Counter-Notification:  If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership.  Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process.  Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers.  So, if you are not sure whether content you posted on the Site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of California.  If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”

If you are the owner of any intellectual property other than copyrighted materials (such as, for example, a trademark), or an agent thereof, and believe that any item of content or other materials on the Site infringes upon your rights in such intellectually property, you must submit a notification to us in the same manner as provided above in respect of notice of alleged copyright infringement, including providing the same information in writing to the designated Copyright Agent set forth above.

Disclaimer:  We are not your attorneys, and the information we present here is not legal advice.  We present this information for informational purposes only.

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MODIFICATION, SUSPENSION AND TERMINATION

We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Site.

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ASSIGNMENT

You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

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GOVERNING LAW AND JURISDICTION

You agree that the laws of the United States of America and the laws of the State of New York, without regard to the principles of conflicts of laws, will govern your use of the Site, these Terms, our Privacy Policy and all matters relating to your access to, and/or use of, the Site, including all disputes between you and any of the Jebbert Parties. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in New York County, New York, and the related appellate courts, in any related action or proceeding.

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ENTIRE AGREEMENT

These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the Site, including, without limitation, our Privacy Policy, provided, however, that these Terms shall prevail in the event of a conflict with any such other documents.

 If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.

 Any rights not expressly granted in these Terms are reserved to us.

©2015, Jebbert LLC, all rights reserved.

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