INDEX

Terms of Use

abiresearch.com

Updated October 13, 2015

Thank you for visiting abiresearch.com and/or the other websites owned and operated by ABI Research (each a “Website”). By accessing the Website, you (the “User”) accept and agree to be bound by all of the terms and conditions of Terms of Use as outlined herein.

    General

  1. Permissible use. You may use the Website as a tool to learn more about ABI Research and our affiliates for the purposes of evaluating ABI Research’s market coverage, accessing licensed research and conducting general background research. Users employed by a competitive market research company or those looking to reverse engineer any forecasts or research published by ABI Research may not access the Website.

  2. Intellectual Property. User acknowledges that ABI Research is the sole owner of all the intellectual property rights relating to the blogs, news, Insights, research deliverables, multimedia content and other such material on the website (collectively, “Content”). Unless otherwise stated, the Content is protected by copyright law including without limitation by United States Copyright Law, international treaty provisions and applicable law in the country in which it is being used. User agrees to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Website or Content.

  3. License. The Website is owned by ABI Research. ABI Research hereby grants you a non-exclusive and nontransferable right to access the Website and Content only for your own private, noncommercial informational purposes, and to print pages of content accessible through this Website only in connection with that use. For the avoidance of doubt, you may not use the Website or any Content for any illegal purpose or in any manner inconsistent with the terms outlined in this agreement. Should you choose to download content from the Website, you must do so in accordance with this agreement. Content is licensed only for your internal use and accordingly may not be assigned (by operation of law or otherwise) or transferred without the prior written consent of ABI Research and does not transfer any other rights to you or your organization. You agree to notify ABI Research in writing promptly upon becoming aware of any unauthorized access or use of Website or Content by any party.

    You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source identifying symbols, designs, icons, images, or other information, software or code accessible through this Site. You are prohibited from removing any copyright, trademark or other proprietary footnotes, legal disclaimers, restrictions, disclosures, notices, or legends contained on (or printed from) any Content accessible through this Site or on pages that you print containing Content. In addition, you are prohibited from decomposing, decompiling, reverse engineering, disassembling or otherwise deconstructing all or any portion of Site Content accessible through this Site.

  4. Rights Reserved. All present and future rights in and to (i) patents and patent applications, (ii) copyrights, (iii) trademarks, service marks, trade dress and trade names, together with the goodwill associated therewith, (iv) trade secrets, know how, inventions, methods, processes, technology and other confidential and proprietary information, and (v) any other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Website and Content (collectively, the “Intellectual Property Rights”) shall, as between User and ABI Research, at all times be and remain the sole and exclusive property of ABI Research. All present and future rights in and title to Content (including the right to exploit Content and any portions of the Website over any present or future technology) are reserved to ABI Research for its exclusive use. Except as specifically permitted herein, User may not copy or make any use of Content or any portion thereof. Except as specifically permitted herein, User shall not use ABI Research’s Intellectual Property Rights or Content, or the names of any individual participant in, or contributor to, Content, or any variations or derivatives thereof, for any purpose without ABI Research’s prior written approval. User agrees not to delete any copyright, trademark or similar notice from Content or other content you obtain from the Website.

  5. Sharing of Content. User hereby agrees and acknowledges that the content on the ABI Research is protected by Copyright Law and that information should not be copied or otherwise shared with third-parties.

  6. Restrictions on Use. User may not allow bots, agents, spiders to access the Website; may not allow scraping of the Website; or otherwise systematically copy entire pages or portions of pages. No parts of this website may be stored electronically or incorporated into a third-party website or publication.

  7. No Warranty. ABI RESEARCH DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS WEBSITE AND WEBSITE CONTENT THAT THE LAW ALLOWS IT TO DISCLAIM.

    THIS WEBSITE AND WEBSITE CONTENT ARE PROVIDED ENTIRELY “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS.

    ABI RESEARCH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS WEBSITE AND THE CONTENT INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE/NON- INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.

    WITHOUT LIMITING ITS GENERAL DISCLAIMER, ABI RESEARCH DOES NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY (INCLUDING FREEDOM FROM COMPUTER VIRUSES), SEQUENCING OR SPEED OF DELIVERY OF THIS WEBSITE OR ANY PART OF THE WEBSITE CONTENT.

    While Content is routinely subject to a thorough and detailed peer review and editing review, ABI Research makes no guarantees whatsoever as to the correctness or accuracy of the Content. It is possible that the Content could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Content by third parties. In the event that an inaccuracy arises, please inform ABI Research so that it can be corrected. USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, THE CONTENT, AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ABI RESEARCH OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ABI RESEARCH’S OBLIGATIONS UNDER THIS AGREEMENT.

  8. Third Party Links. As a convenience to our Users, ABI Research may link to third-party websites for the purposes of providing additional information or for any other reason. ABI research does not review or monitor any websites linked from or to this Website and is not responsible for any reports, documents, data, tools, products, services or other information or content contained on or accessible through such other websites or their operators, nor will ABI Research be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of this Website, and the inclusion of these links does not imply an endorsement, representation or warranty by ABI Research with respect to any such linked websites or any reports, documents, data, tools, products, services or other information or content contained on or accessible through such websites or their operators. ABI RESEARCH DISCLAIMS RESPONSIBILITY FOR THE PRIVACY POLICIES AND CUSTOMER INFORMATION PRACTICES OF THIRD-PARTY INTERNET WEBSITES OR ANY CONTENT OR OTHER MATERIALS MADE AVAILABLE THROUGH THOSE WEBSITES HYPERLINKED TO OR FROM THIS WEBSITE. If you access any websites hyperlinked to or from this Website, you do so at your own risk.

  9. Limitation of Liability. IN NO EVENT SHALL ABI RESEARCH, ITS AFFILIATES, AND LICENSORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS, AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT OR WITH ANY DELAY OR TECHNICAL PROBLEMS IN USING THIS WEBSITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, OR ANY INFORMATION AND MATERIALS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE OR THE SITE CONTENT; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF ABI RESEARCH, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, CONTENT, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THEM. SOME STATES LIMIT THE APPLICABILITY OF DISCLAIMERS OR LIMITATIONS OF LIABILITY, IN WHICH CASE SUCH LIMITATIONS SHALL APPLY ONLY TO THE EXTENT LEGALLY ENFORCEABLE IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY IS COMPREHENSIVE.

  10. Termination. ABI Research has the right to suspend or prohibit your current or future use of the Website (or any portion thereof) at any time without notice to you and with or without cause. ABI Research may also temporarily suspend or revoke your rights to use the Website based on our belief or suspicion that your use of Website exceeds or violates this Agreement.

  11. Changes to Website. ABI Research will not be required to notify you of any change in the Website's features or the Content.

  12. Indemnification. User agrees to indemnify, defend and hold harmless ABI Research, its affiliates and licensors and their respective members, officers, directors, principals, agents and employees from and against any and all suits, claims, damages, losses, demands, liabilities, costs and expenses (including, without limitation, judgments, fines, sanctions, and amounts paid or to be paid in settlement and reasonable attorneys’, experts’ and other professional fees) arising out of or relating to (a) the use by User of this Website and Content; (b) the actual or alleged breach by User of this Agreement or any representation, warranty, or covenant made by User in this Agreement; (c) the violation by User of any applicable law, statute, ordinance or regulation; or (d) claims asserted by third parties which, if proven, would place User in breach of the representations, warranties, covenants or other provisions in this Agreement.

  13. Usernames and Passwords. If you have a username and password to access portions of the Website, YOU ARE RESPONSIBLE FOR ANY UNAUTHORIZED USE OF YOUR USERNAME AND PASSWORD. You, the User, agree to keep username and password confidential, and to not provide it to any other person. It is crucial that you protect your username and password to prevent unauthorized access to your account. You are solely responsible for: (1) all activities occurring under your account, username or password that result from your misconduct, carelessness, inaction, negligence or failure to use or maintain appropriate security measures; (2) logging-off of this Website each time you finish using this Website; and (3) restricting access to your computer.

    To the extent that you authorize an employee, counsel or other professional advisor to access Website Content through this Website on your behalf, this individual must register on the site with their own username and password. You are responsible for notifying ABI Research in the event that any such employee, counsel or other professional advisor is no longer authorized by you to access the Website, including if your relationship with any such employee, counsel or other professional advisor has been terminated.

    ABI Research has no obligation to inquire as to the authority or the propriety of any use of or action taken under a particular username and password, and shall not be responsible for any loss to you arising from any unauthorized use or action under your username and password, or from your failure to comply with the above.

    Usernames are set to the User’s valid, individually identifiable corporate email address and must not be generic email addresses tied to a User’s company, group or department. ABI Research reserves the right to reject user names that do not meet this requirement.

    User will immediately notify ABI Research if User becomes aware of any actual or suspected theft or unauthorized use of User’s password. ABI Research recommends that User changes User’s password periodically. From time to time, ABI Research may ask User to update their passwords.

    Please remember that, for security reasons, ABI Research will not request passwords from User.

  14. Infringement Notices. As an intellectual property company, ABI Research takes great pride in our intellectual property and will protect our rights accordingly. Correspondingly, if User believes that the Content infringes on third-party copyrights, we ask to be notified immediately to rectify the problem. As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding the Site: Edward A. Rerisi, 249 South Street, Oyster Bay, NY 11771 USA, +1-516-624-2500. If you believe the Content infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):
    a. A physical or electronic signature of the copyright owner or authorized agent;
    b. Identification of the copyrighted work(s) claimed to have been infringed;
    c. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    d. Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
    e. A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the 5 copyright owner, its agent, or the law; and
    f. A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  15. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of New York and the Federal Laws of the United States of America without reference to conflicts of law provisions thereof. The parties hereto hereby submit to the exclusive jurisdiction and venue of the federal Courts Located in Nassau or Suffolk County, New York and the New York State courts located in Nassau County, New York for the resolution of any disputes arising under the terms of this agreement.

  16. Privacy

  17. Privacy. You acknowledge and agree that ABI Research may collect, maintain and share certain information about you when you register to use the Website, and that ABI Research may monitor, collect, maintain and share certain information concerning your use of the Website. The resultant information may be used by ABI Research for internal business purposes or in accordance with applicable law, rule or regulation.

    Information that we may accumulate as part of your registration or entry into the Website includes your name, company name, professional title, business address, business phone number and business e-mail address and the like (collectively, “Registration Information”). When you use the Website, we may collect “click-stream” data regarding the portions of the Website that you visit and the information or other services you obtain or input. This data may also include your domain name, Internet service provider, protocol, browser type (including versions and settings), operating system and connectivity specifications (collectively, “Click-Stream Data”).

    ABI Research may use this Registration Information and Click-Stream Data to authenticate users, save passwords, facilitate your navigation of the Website, send you notifications about products or services in which you have indicated an interest, and determine your entitlements to restricted areas of the Website or to research deliverables. In addition, ABI Research uses the Registration Information and Click-Stream Data to evaluate the effectiveness of and improve our services to our clients, to determine product development and marketing strategies, and to bring to your attention products and services that we believe may be of interest to you. You hereby consent to the foregoing.

    Our monitoring and collection of Registration Information and Click-Stream Data may include the use of “cookies.” Cookies are computer text files that are stored on your computer.

    ABI Research may process, disclose and transfer this Registration Information and Click-Stream Data to its subsidiaries and affiliates outside the jurisdiction where you have your relationship with ABI Research and as otherwise permitted or required by law. Registration Information and Click-Stream Data that ABI Research shares across national borders, including information from which third parties may conclude the existence of a relationship between you and ABI Research, may no longer be covered by data protection or other confidentiality laws or regulations applicable in the jurisdiction of your relationship with ABI Research. It will be subject to the laws of the countries to which the Registration Information, and Click-Stream Data have been transferred and where it is held or processed, including those of the United States. Such foreign laws and regulations may offer different levels of confidentiality or data protection than those of the jurisdiction of your relationship with ABI Research, and may require ABI Research to disclose Registration Information or Click-Stream Data to authorities or third parties. ABI Research does not sell any of this information to any person.

  18. Access to Research Content

  19. Licensed Content. A User may license one or more research deliverables or services which are available to exclusively paying clients (collectively, “Licensed Content”).

  20. Usage Monitoring. ABI Reserves the right to monitor User’s usage of Licensed Content or other pages on the site for the purposes of enforcing the ABI Research Terms of Use or other license agreements. Usage monitoring could include logging of pages visited, downloads of Licensed Content or similar items. If usage metrics indicate a potential breach of the Terms of Use or of any license agreements, ABI Research may contact you or your company to assist in reviewing the usage and assessing if you or your organization is in breach.

  21. Consumption of Licensed Content. Licensed Content may only be consumed by Users who have been granted access to the research through a separate license agreement or order form. Users may store and use the downloaded Licensed Content into perpetuity exclusively for their own use. The full set of terms and conditions are available in the accompanying license agreement, order form or master services agreement.

  22. External Distribution of Licensed Content. Research may not be shared in its entirety internally or to third parties.