Terms & Conditions
Market Research Data and Report Access Agreement
The terms and conditions of this Market Research Data and Report Access Agreement (“Agreement“) will control the terms and conditions of use for each market data research report (“Research Report”) which is provided to you by the Company.
- General Terms and Conditions
- Relationship. In consideration of us conducting one or more market research surveys based on information and/or question which you may have submitted to us, you agree to the terms and conditions of this Agreement. This Agreement includes the terms and conditions, together with any additions, amendments, or supplements to such documents.
“Agreement” This Agreement, together with any supplemental agreements or exhibits.
“Company” refers to Savanta Group LLC, a California limited liability company located at 100 Montgomery Street, Suite 1202, San Francisco, CA 94104.
“Data User” refers to the company and its authorized person who is requesting participation and receiving the Research Report
“We,” “Our,” “Ours,” “Us,” The Company, together with its Affiliates. Affiliate(s) means any entity that is controlled by, controls or is under common control with the Company. Each Affiliate is a separate legal entity, none of which is responsible for the obligations of the other.
“You,” “Yours,” and “the Undersigned,” Data User and its authorized person who consent to and accepts the terms and conditions of this Agreement with Savanta.
- Authority and Ownership
- Representations by Data User. By signing this Agreement, you represent and warrant that you are duly authorized to conduct business on behalf of your employer/Data User.
- Proprietary rights. Subject to this Section 3.2, nothing in this Agreement will have the effect of transferring or assigning any of Company’s intellectual property rights to Data User. For purposes of this Agreement, Company grants to Data User a revocable, non-transferable, non-sublicensable license to use the data included in the Research Report(s) for the benefit of Data User. Data User agrees and acknowledges that all information Data User provides to Company is non-confidential and non-proprietary, and Company may include any such information provided by Data User under this Agreement for the purpose of conducting Company’s market research surveys.
- Indemnity. You further agree to indemnify, defend, and hold us harmless, and our officers, directors, and employees from any and all liabilities arising from third party claims resulting from any information that you provide to us for use in the market research survey(s).
- No Recommendations. The Research Reports have been prepared as of the date indicated and should only be considered current as of the initial publication date. They may become unreliable for various reasons including, but not limited to, changes in market or other conditions.
- The research reports are obtained from sources and survey results deemed to be reliable. however, we and our affiliates do not guarantee the accuracy or completeness of the research report(s), and expressly disclaim all warranties, express and implied, with regard to the results to be obtained from their use, including without limitation, any implied warranties of merchantability or fitness for a particular purpose.
- Limitations on Liability. Neither we nor our affiliates shall be obligated to update information or market research data results received once the research report(s) have been delivered to you. we and our affiliates shall not be liable for any consequential, incidental, special, or indirect damage (including, but not limited to, lost profits, income, revenue, use, commercial opportunities, and damages) that may result from use of information contained in research reports or for omissions or inaccuracies of the information contained in them. you are strictly prohibited from reproducing, redistributing or retransmitting any information contained in the research reports.
- General Provisions
- No Waiver. Unless specifically permitted in this Agreement, no provision of this Agreement can be, nor will be deemed to be, waived, altered, modified, or amended unless agreed to in writing signed by us. Our failure to insist at any time upon strict compliance with any term contained in this Agreement, or any delay or failure on our part to exercise any power or right given to us in this Agreement, or a continued course of such conduct on our part, shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any further exercise.
- Severability. If any condition or provision of this Agreement shall be held to be invalid or unenforceable by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall affect only such condition or provision. The validity of the remaining provisions and conditions shall not be affected and this Agreement shall be carried out as though such invalid or unenforceable condition or provision were not contained herein.
- Headings. All headings in this Agreement and other Account Disclosures are for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such document.
- Survivability. The provisions of this Agreement, choice of law, indemnity, and limitations on liability will survive the termination of this Agreement.
- Governing Law. This Agreement shall be deemed to have been made in the State of California and shall be construed, and the rights and liabilities of the parties determined, in accordance with the laws of the State of California without regard to choice of law provisions.