These Terms of Use ("Terms") govern your use of the dtw Research Group Websites (each a "Website" and together the “Websites”). Your use of the Websites indicates your agreement to the Terms below. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITES.
dtw may update these Terms at any time without notice by updating this posting. Certain provisions of these Terms may be superseded by express designated legal notices or terms located on specific pages. Access to or use of each Website after such changes have taken effect constitutes acceptance of all changes.
© 2010 by dtw Marketing Research Group ALL RIGHTS RESERVED. Text, User Content, graphics and HTML code are protected by U.S. and international copyright laws. All information, documents, products, graphics and software in the Websites ("Materials") are the copyrighted works of dtw Marketing Research Group ("dtw") or by their respective manufacturers or developers (the "Third Party Providers"). Reproduction or commercial exploitation of the content of each Website by any means is expressly forbidden without written permission from dtw Marketing Research Group or the Third Party Provider. "Content" includes graphics, text, charts, forms, or other components of the Websites.
The compilation of all content on this Website is the exclusive property of dtw, and protected by U.S. and international copyright laws. "Compilation" includes the collection, arrangement, and assembly of any combination of Content on this Website.
dtw, dtwresearch.com, CD Promo, MESSAGEVIEW, STAT-CHAT, REP.COM, and all other trademarks, service marks, logos, and trade names (collectively the "Marks"), including but not limited to those Marks displayed or used on this Website, whether or not in large print or with the trademark symbol, are registered or common law trade marks of dtw, or our affiliates, or of other third parties affiliated therewith, and are protected under federal and international trademark laws. dtw reserves the right to protect its Marks to the fullest extent of the law if prior written permission is not obtained.
In no event will you use any of the Marks (or the trademarks, logos or trade names of any third parties featured here) in connection with any other product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits dtw or such third parties.
Nothing on this Website shall constitute an agreement to license any technology. Materials on the Websites may be downloaded and distributed solely for personal, non-commercial use provided that: (1) the copyright notice is not removed from the Materials; and (2) no modifications are made to the Materials. This permission is immediately terminated upon breach of any of the Terms in this document. By downloading Materials from the Websites you acknowledge sole responsibility for their proper use. You may not create any derivative works from the Materials, nor may you disclose the Materials to any third parties whatsoever, whether your consultants, customers or otherwise.
Registration. When you access the Websites, we consider you a Visitor. A "Visitor" is defined as any person, agent, or program that accesses Materials from the Websites. In order to use certain portions of the Websites Visitors are asked to provide information of a personal nature ("Registration Data", e.g. name, address, telephone number, or email address). You agree that (1) Registration Data you provide will be true, accurate, complete, and current; and (2) you will promptly update and maintain the Registration Data. If you provide incomplete, false, or misleading Registration Data, dtw has the right to immediately and permanently suspend your access to the Websites or any portion thereof.
User Name and Password Security. When a Visitor provides Registration Data via the registration process, he or she will be assigned a user name and password. It is your responsibility to maintain the confidentiality of your password and user name, and you are responsible for all activities which occur under your user name or password. You agree to immediately notify dtw of any unauthorized use of your user name and password. dtw will not be liable for any loss or damage arising from your failure to comply with this policy.
The Websites and the materials provided on and through the Websites may not be accessed or used by any individuals that are not at least eighteen years old. By accessing and using the Websites you represent and warrant that you are at least eighteen years old, and you understand that we are relying upon your representation and warranty in providing to you services through the Websites.
We encourage parents to actively participate in their children's online activities and closely monitor the content and nature of Web resources available to children. To the fullest extent permitted by law, dtw disclaims any liability for any loss or damages resulting from a child's unsupervised use of internet, including any Website.
Please surf responsibly.
When accessing the Websites, you agree to: (1) refrain from the following actions; and (2) immediately provide a full and accurate report via email to the Websites Caretaker (caretaker@dtwresearch.com) if you witness the following actions:
Unauthorized commercial messages and/or public announcements are not allowed on the Websites.
Please be aware that generally, information, including without limitation user comments, you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of the Website. Please be sure that any such information is information that you are comfortable sharing with the public.
You acknowledge that dtw may or may not pre-screen and/or monitor content posted on the Website, and that dtw shall have the right to remove, edit, move or close, in whole or in part, any thread or posting in any chat room and/or similar feature on the Website at any time for any reason, in dtw's sole discretion.
You hereby agree to comply with all laws that apply or may apply to your use of or activities on the Websites and any rules for conduct on the Websites or use of specific features and/or Services offered hereon that may be posted on the Websites, whether in these Terms or otherwise, from time to time.
To the extent that you post or otherwise submit user content or feedback concerning the Websites, dtw, or any third party or otherwise, you agree that any and all such submissions are the property of dtw, and may be used by us for any lawful purpose whatsoever.
If you use the Websites (or any of them) and chose to register on any Website and/or subscribe for Services we may offer from time to time, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and/or another device on which you may receive information from or through each Website, and you agree to accept responsibility for all activities that occur under your account or password. dtw may provide information about products suitable for children. However, children should not post to any Website, nor link to partnering websites for any reason. If you are using this Website, you are hereby representing and warranting that you are over the age of 18. dtw reserves the right to refuse service, terminate accounts, remove or edit content, all in our sole discretion.
Public Information. dtw welcomes your comments regarding content, products and services. However, it is our policy not to accept or consider creative ideas, suggestions, or materials other than those we specifically request. The intent of this policy to avoid the possibility of future misunderstandings when projects developed by dtw's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials.
If at our request you send certain specific submissions (e.g., postings to chat, boards, or contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of dtw. None of the Submissions shall be subject to any obligation of confidence on the part of dtw, and dtw shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, dtw shall exclusively own all now-known or hereafter-existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
Personal Information and Privacy. Please be assured that dtw will not disclose your personal information to third parties without your consent. We reserve the right to use agents bound by confidentiality agreements to store, process, and/or retrieve your Registration Data or other personal information.
dtw may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) dtw's rights or property, other users, or anyone else that could be harmed by such activities. dtw may disclose user information when we believe in good faith that the law requires it.
dtw shares aggregate information about our users with advertisers, business partners, sponsors and other third parties. For example, we will say a Website's audience is x percent females and y percent males. This data is used to customize Content to deliver a better experience for our Visitors.
There are cases where dtw may ask you for personal information such as your name, email address, and birth date. For example, we may request personal information when you register for an account, for online transactions, or for services that require registration or subscription. dtw needs to collect this information for order fulfillment and tracking/verifying compliance with policies as well as federal, state and local laws and/or for editorial and feedback solicitation purposes.
If you wish to have your Registration Data changed or removed from the Websites, please send email to the Website Caretaker. For more information, please see the dtw Privacy Policy.
dtw makes every effort to keep the content of its Websites up-to-date and clear of inaccuracies. However, we do not provide any guarantee regarding the accuracy of the information contained in this Websites.
Materials provided by Third Party Providers have not been evaluated by dtw and are the property and responsibility of the Third Party Providers. These Materials are provided as a service to our visitors and as such we take no responsibility for their content. The Websites may be linked to other sites which are not part of dtwresearch.com or other Wesites owned by dtw. These links are provided as a convenience and shall not be considered an endorsement of the site. We are not responsible for the content of linked sites.
Correspondence, participation in promotions, payment and delivery of goods and services, or other business dealings between a Third Party Provider and a Visitor to the Websites are the sole responsibility of the Third Party Provider and the Visitor. You agree that dtw shall not be responsible or liable for any loss or damage as a result of your business dealings with the Third Party Provider.
dtw reserves the right to modify, remove or terminate any and all Content, Materials, or Services on the Websites at any time.
The Content of this Websites is provided with "RESTRICTED RIGHTS" as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successors. Use of the Content by the Government acknowledges that the Content is owned by dtw.
dtw's headquarters are located in Flanders, New Jersey. dtw makes no claims that the Service is appropriate or may be downloaded outside of the United States or that these Terms are compliant with the requirements of jurisdictions other than those of the United States. Access to the Websites and/or the Service may not be legal by certain persons or in certain countries. If you access the Websites and the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, dtw DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. dtw DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. dtw DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT dtw) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
IN NO EVENT WILL dtw BE LIABLE TO ANY PARTY FOR:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
To the fullest extent permitted by law, you agree to indemnify and hold harmless dtw, its parent, subsidiaries and affiliates, successors, assigns, and all of the foregoing's officers, directors, members, managers, shareholders, employees, third party licensors and/or providers, and agents from and against any and all damages, losses, liabilities, judgments, costs or expenses, claims, causes of actions, whether civil or criminal in nature, administrative proceedings, third party subpoenas and all other matters (including reasonable attorneys' fees and costs in connection therewith) arising out of or relating to, directly or indirectly, a claim or demand (including without limitation a discovery demand) by a third party relating to (i) your use of our Materials, (ii) our Services provided hereunder, (iii) your use of the information provided pursuant thereto, (iv) your breach or violation of this Agreement, in each case excluding only claims arising directly from our gross negligence or willful misconduct. Upon receipt of any notice of a claim, action or proceeding of any nature for which we may seek indemnification from you hereunder, we will promptly notify you; however, our failure to promptly notify you shall not relieve you of your obligation to indemnify us unless our delay in so notifying you has unduly prejudiced you in your ability to respond to the instant action. We shall have the right, but not the obligation, to tender our defense of, or response to, the underlying claim or action to you. If we do not tender the defense, you shall reimburse us for all of our legal fees and costs so incurred at all levels until a final ruling is entered, or the instant proceeding is concluded (without further review or appeal). Further, if we do tender our defense to you, you will assume such defense with counsel reasonably satisfactory to us, and you shall not settle the subject action without our prior written consent.
These Terms are governed by the state of New Jersey, without giving effect to any principles of conflicts of laws. You expressly and irrevocably agree that exclusive jurisdiction for any dispute with dtw, or in any way relating to your use of the Service resides in the courts of the County of Morris, in the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Morris, in the State of New Jersey in connection with any such dispute including any claim involving dtw, or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
You agree that any legal proceeding against dtw related to the Service shall be filed and tried only in Morris County in the State of New Jersey, United States of America, or, where such court does not have jurisdiction by law, then any such proceeding shall only be maintained in the Federal Courts, for the District of New Jersey. To the fullest extent permitted by law, you hereby waive any claim of inconvenient forum or any challenge to personal jurisdiction over you or your assets. Both parties hereby expressly waive any right to a jury trial in any such proceeding.
If any provision of these Terms is found to be invalid by any court having jurisdiction, then the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you violate any of these Terms, your permission to use the Service and each Website automatically terminates and you must immediately destroy any copies you have made of any portion of the Materials contained herein.
dtw, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your right and license to use the Websites (or any of them) if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. dtw accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), dtw has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to dtw in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:
By mail:
dtw Marketing Research Group, Inc.
227 US Hwy 206, Suite 31
Flanders, NJ 07836
By e-mail: Caretaker@dtwresearch.com
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
i. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
iii. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory 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.
iv. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
v. 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 or other proprietary right owner, its agent, or the law.
vi. 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 or on behalf of the person defamed.
Except as expressly provided in a particular legal notice on the Service, these Terms, together with the CD Promo WorldWide Subscription Licensing Form, constitute the entire agreement between you and dtw with respect to use of the Service and the Website.
If you have any questions about these Terms or the practices of this Website, please contact our Webmaster at Caretaker@dtwresearch.com.