Terms and Conditions of Research Report Purchase and Use
These Terms and Conditions (“Terms”) govern the purchase and use of Research Reports (“Reports”) provided by Placer Solutions ("Placer"). By purchasing a Report, you (“Purchaser”) agree to be bound by these Terms.
1.1. "Placer" refers to Placer Solutions LLC, the company providing the Report.
1.2. "Report" refers to all digital research report files provided by Placer upon purchase, including but not limited to, its content, data, analysis, images, format, and any other information contained within it.
1.3. "Purchaser" refers to the individual or entity that purchases the Report.
1.4. "Individual License" refers to the license granted to a single user, allowing them to use the Report for non-commercial personal use only.
1.5. "Team License" refers to the license granted to a user or entity, allowing them to share the Report with up to ten (10) individuals within their organization.
1.6. "Enterprise License" refers to the license granted to a user or entity, allowing an unrestricted number of individuals within their organization to access and use the Report.
1.7. “Team License Recipients” refers to individuals within the Purchaser's organization who have been granted access to the Report under the terms of a Team License.
1.8. "Enterprise License Recipients" refers to individuals within the Purchaser's organization who have been granted access to the Report under the terms of an Enterprise License.
1.9. “Within Your Organization” refers to individuals who are current employees of the same company or entity as the Purchaser.
1.10. "Commercial Use" refers to any use of the Report for the purpose of gaining economic benefit, either directly or indirectly. This includes, but is not limited to, reselling the Report, incorporating the Report into a product for sale, or using the Report to enhance other commercial services or products.
1.11. "Non-commercial Personal Use" refers to use of the Report by an individual for personal reference, study, or other non-economic benefit.
1.12. "Intellectual Property Rights" refers to all copyrights, trademarks, patents, trade secrets, or other proprietary rights associated with the Report.
1.13. “Report Authors” refers to the individuals who contributed to the creation, research, analysis, and writing of the Report.
1.14. "Forward-Looking Statements" refers to any statements or information in the Report that are not historical facts and that reflect the current views and assumptions of Placer and the Report Authors regarding future events or performance. Forward-Looking Statements are inherently subject to risks, uncertainties, and assumptions, and they are not guarantees of performance.
1.15. "Artificial Intelligence Systems" refers to computational platforms and algorithms that are designed to perform tasks that would typically require human intelligence. These tasks include, but are not limited to, understanding natural language, recognizing patterns, solving problems, and making decisions.
2. Scope of License
The Report is licensed, not sold, to you, and you are granted a non-exclusive, non-transferable license to access and use the Report subject to these Terms. All rights not specifically granted under these Terms are reserved by Placer.
2.1. Individual License
Your purchase of an Individual License allows you to use the Report for your own non-commercial personal use. You may not share, distribute, reproduce, or transmit the Report, in whole or in part, in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage or retrieval system, without the prior written permission of Placer. Any unauthorized sharing, or any use of the Report that does not adhere to these Terms, will be considered a breach of this agreement and could result in legal action.
2.2. Team License
Your purchase of a Team License allows you to share the Report with up to 10 individuals within your organization, henceforth referred to as Team License Recipients. As the Purchaser, it is your responsibility to clearly communicate these Terms to all Team License Recipients, ensuring that they understand and agree to comply with these Terms.
All Team License Recipients are also subject to these Terms and will be held liable for any unauthorized sharing or use of the Report. Team License Recipients are not permitted to further transmit, distribute, or share the Report with other individuals, whether inside or outside the organization. All transmissions of the Report must come directly from the original Purchaser. Any unauthorized sharing beyond the permitted number of individuals, or any use of the Report that does not adhere to these Terms, will be considered a breach of this agreement and could result in legal action.
Upon purchasing a Team License, each Report must be distributed individually to each Team License Recipient. If the Report is passcode-protected, the password for accessing the digital files should not be shared within the same communication as the Report. It must be sent separately to each of the Team License Recipients to maintain the security and integrity of the content.
Any failure to adhere to these distribution protocols may be considered a breach of these Terms and could result in legal action.
2.3. Enterprise License
Your purchase of an Enterprise License allows unlimited members within your organization to access and use the Report, henceforth referred to as Enterprise License Recipients. As the Purchaser, it is your responsibility to clearly communicate these Terms to all Enterprise License Recipients, ensuring that they understand and agree to comply with these Terms.
All Enterprise License Recipients are also subject to these Terms and will be held liable for any unauthorized sharing or use of the Report. Enterprise License Recipients are not permitted to further transmit, distribute, or share the Report with other individuals, whether inside or outside the organization. All transmissions of the Report must come directly from the original Purchaser. Any unauthorized sharing beyond the permitted number of individuals, or any use of the Report that does not adhere to these Terms, will be considered a breach of this agreement and could result in legal action.
Upon purchasing an Enterprise License, each Report must be distributed individually to each Enterprise License Recipient. If the Report is passcode-protected, the password for accessing the digital files should not be shared within the same communication as the Report. It must be sent separately to each of the Enterprise License Recipients to maintain the security and integrity of the content.
Any failure to adhere to these distribution protocols may be considered a breach of these Terms and could result in legal action.
2.4. Restrictions on Use
By purchasing a Report, you agree to the following limitations on its use:
· You may not resell the Report or any portion thereof.
· You may not incorporate the Report, or any portion thereof, into a product or service for sale.
· You may not distribute the Report as promotional material or as a bonus for purchasing a commercial product or service.
· You may not publish or broadcast the content of the Report in a commercial publication, television program, or paid subscription website.
· You may not create derivative works based on the Report for commercial use or sale, such as summaries, infographics, or similar materials.
· You may not mass or bulk distribute the Report (whether commercial or not).
You, the Purchaser, and any Team License Recipients agree to treat the Report with as much care as you would treat your own copyrighted material.
While personal notes, summaries, or other forms of copying for non-commercial personal use are permitted, these should not be shared or distributed. Any such personal use should fully respect Placer's intellectual property rights in the Report.
2.5. Screenshot and Image Capture Restrictions
You agree not to capture, save, or distribute screenshots or images of the Report, or any portion thereof, without the express prior written consent of Placer. This includes, but is not limited to, sharing screenshots or images of the Report via email, social media, text message, photocopy, or any other digital or physical means. Any such unauthorized use is considered a breach of these Terms and is strictly prohibited.
2.6 Artificial Intelligence Systems Restrictions
You may not provide any content of the Report to Artificial Intelligence Systems for interpretation, analysis, or any other use. The content of the Report is intended for direct human comprehension and use only. Provision of content to Artificial Intelligence Systems, including but not limited to machine learning models, natural language processing systems, or any other artificial intelligence application, is strictly prohibited.
2.7 Access, Security, and Tracking
The Report may be delivered to the Purchaser as either passcode-protected or unprotected digital files. In the event that the Report is passcode-protected, it is the responsibility of the Purchaser to secure and maintain the confidentiality of the passcode. Placer will not be liable for any loss or damage arising from the unauthorized access or use of the Report resulting from the Purchaser's failure to properly secure the passcode.
Whether passcode-protected or not, as part of our commitment to maintaining the integrity and confidentiality of our Reports, certain tracking measures may be employed to monitor the access and use of the Report. This may include, but is not limited to, tracking the number of times the Report is viewed and the device or location from which it is accessed. By accepting these Terms, you consent to this tracking.
Any attempt to circumvent or interfere with these tracking measures will be considered a breach of these Terms and could result in legal action. This also applies to any attempts to remove, disable, or bypass the passcode protection on the digital files.
For the purchase of an Individual License or Team License, we only accept credit card payments. By providing your credit card information, you authorize Placer to charge your credit card for the purchase price of the Report. All fees and charges are non-cancellable, non-returnable, and non-refundable.
4. Liability for Unauthorized Sharing
You, as the Purchaser, all Team License Recipients, and all Enterprise License Recipients agree that you will be liable for all damages arising from your unauthorized sharing or distribution of the Report. Damages can include but are not limited to lost sales, legal costs, reputational harm, costs of preventing further breaches, loss of business opportunities, remediation costs, and the devaluation of Placer’s intellectual property.
Further, as the Purchaser, you agree to be held liable for any breaches of these Terms by your Team License Recipients. This includes any unauthorized sharing or use of the Report by these Team License Recipients.
In the event of any breach of these Terms by you or any Team License Recipient, you agree to indemnify, defend, and hold harmless the Report Authors and Placer, its affiliates, and their respective directors, officers, employees, and agents, from and against any and all claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including legal fees and costs, arising out of or related to such unauthorized sharing or use of the Report.
5. Reporting Unauthorized Use
5.1. Purchaser and Team License Recipient Responsibility for Reporting Unauthorized Use
As the Purchaser or Team License Recipient, if you become aware that the Report has been accessed or used by any individual or entity who has not been granted a license as per these Terms, you must immediately notify Placer at email@example.com. The notification should include all details of the unauthorized access or use that you are aware of.
In addition to notifying Placer, you agree to take all reasonable steps within your power to mitigate the effects of the unauthorized access or use, including but not limited to demanding that the unauthorized user immediately cease using the Report and delete any copies they may have.
Failure to report known unauthorized access or use of the Report, or to take reasonable steps to mitigate the effects of such unauthorized access or use, may be considered a breach of these Terms.
5.2. Informant Reward to Non-Users for Reporting Unauthorized Use
To protect its intellectual property and prevent unauthorized use of the Report, Placer offers a reward scheme to individuals who report such instances.
To qualify for this reward scheme, the reporting individual must provide compelling evidence that enables Placer to identify the unauthorized user and proceed with a lawsuit. Any decision to pursue legal action remains at Placer’s sole discretion.
Evidence of unauthorized use of a Report can be submitted through the following channels: email at firstname.lastname@example.org or submitting a report to the online webform at placersolutions.io.
The reward is structured as a share of any lawsuit reward obtained, minus the legal fees associated with pursuing the lawsuit. The reporting individual is entitled to receive up to 50% of the net lawsuit reward, i.e., the total reward obtained after deducting the legal fees. The precise share will be determined by Placer, based on factors such as the severity of the unauthorized use, potential harm caused to Placer, and the degree to which the provided information contributed to the successful lawsuit.
All decisions made by Placer concerning the eligibility for, or percentage of, the lawsuit reward share are final and cannot be appealed or reviewed.
Placer reserves the right to modify, amend, suspend, or terminate this reward scheme at any time, without providing prior notice.
6. Intellectual Property
The Report is owned by Placer and is protected by United States copyright laws and international treaty provisions. Placer retains all rights not expressly granted in these Terms and Conditions.
7. Limitation of Liability and Disclaimer of Warranties
The Report is provided 'as is' and without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
While Placer and the Report Authors have made every effort to ensure the accuracy, completeness, and reliability of the information provided in the Report, they accept no responsibility or liability for any errors, omissions, or for the results obtained from the use of this information. The Report is intended to provide a broad overview of the topic and reliance on any information or advice provided in this Report is solely at the Purchaser's own risk.
The information provided in the Report is accurate as of its date of publication. Due to the nature of the information and the fields it pertains to, the data, analysis, or insights may no longer be accurate, applicable, or complete when read. Placer is not responsible for updating the Report or informing the Purchaser of any changes or developments after the date of publication.
The Report may contain forward-looking statements and estimates that involve risks and uncertainties. Placer and the Report Authors make no guarantee of the accuracy of these statements or estimates, and actual results may differ materially. A number of factors could cause actual results, performance, or achievements to differ materially from those in the forward-looking statements. Placer does not undertake any obligation to update the forward-looking statements contained in this Report.
In no event shall Placer, its affiliates, or the Report Authors be liable for any indirect, special, incidental, consequential, or punitive damages, whether in an action in contract or tort, arising out of or in any way connected with the use of the Report or the inability to use the Report.
8. Privacy and Marketing Communications
By providing your email address in connection with the purchase of the Report, you are granting Placer permission to collect and process your personal data. This data may be used by Placer, or our partners, to contact you with offers, promotions, and other information that we believe may be of interest to you. Your data may also be shared with or sold to third parties for their marketing purposes.
You may opt-out of receiving such communications at any time by clicking the "unsubscribe" or "opt-out" link provided at the bottom of the email. You may also opt-out of the sharing or selling of your data to third parties for marketing purposes by contacting us at email@example.com..
As a data subject in the European Union, you have rights under the General Data Protection Regulation (GDPR), including the right to be informed about the collection and use of your personal data; the right to access the personal data we hold about you; the right to have your personal data corrected if it is inaccurate or incomplete; the right to have your personal data deleted; the right to restrict the processing of your personal data; the right to data portability; and the right to object to the processing of your personal data in certain circumstances.
Please note that the above rights under the GDPR apply only to data subjects who are in the European Union. For more information on your rights under the GDPR, or to exercise any of these rights, please contact us at firstname.lastname@example.org.
9. Changes to Terms
Placer reserves the right, at its sole discretion, to modify or replace these Terms at any time. Any changes to the Terms will be posted on our website, and it is your responsibility to review the Terms periodically for any updates or changes.
10. Updates and Revisions
Placer reserves the right to update or revise the Report at any time without notice. Your purchase of the Report grants you a license to the version of the Report available at the time of your purchase. This license does not entitle you to receive updates, revisions, or new editions of the Report. If you wish to access updated or revised versions of the Report, you will need to purchase a new license for each updated or revised version. Placer is not obligated to inform you of any updates or revisions to the Report.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Multnomah, Oregon, United States, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
12. Dispute Resolution
12.1. Informal Dispute Resolution
If a dispute arises under these Terms, the parties agree to first attempt to resolve it through good faith negotiations. If the parties cannot resolve the dispute within fourteen (14) days of notice of the dispute, they may proceed to formal dispute resolution as described in Section 12.2.
Any dispute, controversy, or claim arising out of or relating to these Terms, including the interpretation, applicability, enforceability, or formation of these Terms, shall be finally settled by binding arbitration in accordance with the rules of the American Arbitration Association (AAA) in effect at the time the arbitration is initiated.
The arbitration will be conducted by a single arbitrator selected by mutual agreement of the parties. If the parties cannot agree on the selection of an arbitrator within fourteen (14) days of the notice of arbitration, the AAA will appoint the arbitrator. The arbitration will be conducted in English, in Portland, Oregon, United States.
The arbitrator's decision will be final and binding on the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party in any arbitration or legal action arising out of or relating to these Terms shall be entitled to recover its reasonable attorneys' fees and costs.
12.3. Class Action Waiver
You agree that any arbitration or court proceeding shall be limited to the dispute between us and you, individually. To the full extent permitted by law, (1) no arbitration or legal proceeding shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
These Terms constitute the entire agreement between you and Placer regarding the purchase and use of the Report and supersede all prior or contemporaneous understandings, communications, or agreements, whether written or oral, regarding such subject matter.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
No delay or failure by Placer to enforce any of these Terms shall constitute a waiver of any of our rights under these Terms. No waiver by Placer of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
The section headings used in these Terms are for convenience and will not be given any legal import.
14. Rights to Terminate
You have the right to terminate your agreement with Placer under these Terms at any time by (1) ceasing your use of the Report, (2) deleting any copies in your possession or control, and (3) notifying Placer at email@example.com.
Placer reserves the right to terminate your license to use the Report at any time if you violate these Terms, as Placer determines in its sole discretion. Placer also reserves the right to terminate your license to use the Report with or without cause, upon notice to you.
The provisions of Sections 4 ("Liability for Unauthorized Sharing and Indemnification"), 6 ("Intellectual Property"), 7 ("Limitation of Liability and Disclaimer of Warranties"), 11 ("Governing Law"), and 12 ("Dispute Resolution") shall survive any termination of this Agreement.
Upon termination of this Agreement for any reason, all rights and licenses granted to the Purchaser or Team License Recipients under these Terms will immediately cease and revert back to Placer. Termination of this Agreement will not limit any of Placer’s rights or remedies at law or in equity.
You acknowledge that the terms and conditions of this agreement are reasonable and fair, and you have had the opportunity to consider the terms and conditions, discuss them with counsel, and negotiate at arms' length.
15. Contact Information
If you have any questions or concerns about these Terms, please contact us at firstname.lastname@example.org.