Terms of Use

By using this site (the “Site”), you signify your agreement to all terms, conditions, and notices contained or referenced herein (“Terms of Use”) that apply to your use of Cignal AI LLC (“Cignal”) products, features and services (collectively, the “Services”). If you do not agree to the Terms of Use, please do not use the Site. By using this Site, including the Services, you (the “User”) represent that you understand and accept the terms and conditions set forth in these Term of Use.

Cignal reserves the right, in its discretion, to update or revise the Terms of Use. Please check periodically for changes. You will be notified of significant changes or updates to the Terms of Use upon accessing the Services. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes your acceptance of those changes and the Terms of Use as so revised. If you do not agree to the revised Terms of Use, please discontinue use of the Services.

NO UNLAWFUL USE

You may not use the Site for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Cignal or others. Without limiting the foregoing, you may not attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site by hacking or any other illegitimate means.

GENERAL

Only limited Services are available free of charge. To use some the Services available through Cignal’s client portal (the “Portal”), you must have a valid corporate email address and register with Cignal. To use the majority of the Services, you (or your employer) must enroll by entering into a Subscription Agreement (the “Subscription Agreement”) and become a subscriber for Cignal’s paid services (a “Subscriber”). Only valid Subscriber’s will be granted access to the paid Services through the Portal. In the future, Cignal may offer new services, products and/or features. Such new products, materials, features and/or services shall be subject to the terms and conditions of Terms of Use, as amended.

Additional terms and conditions may apply to specific portions of the Site, and such terms and conditions are made a part of the Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between the Terms of Use and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.

You covenant and agree to cooperate promptly, openly and fully with Cignal and its agents, attorneys and designees in connection with any investigation regarding any registration or the use of the Site, the Services and any information provided by Cignal in connection therewith.

REGISTRATION

Each User must register with Cignal with a valid corporate email address. You agree to provide true, accurate and complete information during the registration process and promptly update your information with any changes as they occur. You agree not to impersonate any person or company or use a name that you are not authorized to use. If any information you provide is inaccurate, untrue or incomplete, without limiting any other remedies, Cignal has the right to terminate your use of the Services and Cignal, its agents, affiliates, attorneys, representatives and partners shall have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize Cignal and its agents, affiliates, attorneys, representatives and partners to make any inquiries they consider necessary to validate your registration.

PORTAL REGISTRATION; SUBSCRIPTION AGREEMENT

Each Subscriber who has entered into a Subscription Agreement may access that portion of the Portal as set forth in the applicable Subscription Agreement in accordance with these Terms of Use. Subscription Agreements entered into by entities or organizations may provide for employees and/or members to register as a User, subject to the consent of such Subscriber. Employees and/or members who are granted access under an employer’s Subscription will be registered as a User under such Subscriber’s rights at the time of Registration. You will only have access to that portion of the Portal and those paid Services applicable to the Subscriber. Your access will only be valid while you are an active employee of a subscribed entity and/or member in good standing.

REGISTERED USER ACCOUNT, PASSWORD, AND SECURITY

Upon registration, you will be issued a unique user identification (“User ID”) and be required to establish a password in order to access the Services. You are responsible for maintaining the confidentiality of your User ID and password and you are fully responsible for all actions that are taken under your User ID. You must keep your User ID and password strictly confidential, you may not allow anyone to use your registration, and you may not access the Site and/or the Services using any other person’s User ID and password. Cignal reserves the right to suspend and/or terminate any User ID at any time in its sole discretion. Cignal shall not be responsible for losses incurred by Users as the result of their misuse of User IDs, passwords or their registration.

You agree that you have access to the Internet and to a current corporate e-mail address. You have sole responsibility for providing Cignal with a correct and operational e-mail address. Cignal will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You must promptly notify Cignal of any change in your e-mail or postal mailing address.

APPROVED USE

You will not use the Site or the Services, or any subset, portion or feature or any of them, for any unlawful, fraudulent or improper activity. You expressly agree that your use will comply with all applicable laws, statutes, regulations and other rules or orders and that you will comply with the Cignal Citation Policy. You agree that the Site and the Services are provided only for your internal use and that you will not use, share, provide, assign or otherwise make available any information that is provided by Cignal, including, without limitation, with or without remuneration, to any third party, without the express written consent of Cignal. Cignal reserves the right to suspend and/or terminate any User ID at any time in its sole discretion.

CIGNAL CITATION POLICY

A Subscriber may not directly or indirectly provide or disseminate any reports, information or data obtained from paid Services, or any portion thereof, to any third party. If approval to reproduce or share such information, data or reports is granted by Cignal, which approval shall only be valid if in writing, all such reproduction or delivery must be cited properly in accordance with the Cignal Citation Policy. The Cignal Citation Policy as set forth below governs the manner in which you must cite or quote any Cignal information, data or reports. Only a Subscriber pursuant to a valid Subscriber Agreement may cite purchased research services, data and information. You must access and acknowledge and accept the Citation Policy in order to maintain an active registration. By continuing to access the Site, you agree that you have had an opportunity to read, review and download or print our Citation Policy.

  • Internal Use – A Subscriber with a valid Subscriber Agreement may post data obtained from paid Services to internal Subscriber media only, such as a Subscriber intranet, and only to share such data with Subscriber’s users pursuant to the terms of the Subscriber Agreement, these Terms of Use and all applicable Cignal policies.
  • Approval Required for External Use – No information, data or reports, or any portion thereof, from or related to paid Services may be shared, distributed, published or otherwise disseminated unless prior written approval has been provided by Cignal, which approval may be withheld for any reason in Cignal’s sole discretion.
  • Citation Requirements – Upon receipt of permission from Cignal to post or otherwise disseminate any reports, information or data obtained from paid Services, or any portion thereof, of otherwise reproduce on any media, all citations much be authorized in writing and such authorized citations must published accurately and quoted verbatim, and/or duplicated without being manipulated, adapted, paraphrased, or summarized, and must not be used out of context.

Requests for approval, including citation authorization, may be sent to [email protected]

SERVICE MODIFICATIONS

Cignal may from time to time and at any modify or discontinue, temporarily or permanently, any of or all of the Services with or without notice. Cignal shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Service, or any portion thereof.

PROPRIETARY RIGHTS

Cignal is the owner of all intellectual property rights, including, without limitation, all copyrights and trademarks, associated with the Site, all data, information and reports, which are the sole and exclusive property of Cignal with all rights reserved, exclusive of content provided by third parties, which is owned by the licensors of such content, if any. You acknowledge and agree that the content and materials available on the Site, including without limitation all data, information, survey results, reports, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, taglines, video media, artwork, design, structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights, trademarks, service marks or other proprietary rights and laws and are the sole and exclusive property of Cignal and that you have no rights of ownership and may only use the data and information subject to the limited license to use set forth in your Subscription Agreement and these Terms of Use, subject in all cases to Cignal’s right to terminate such license at any time.

Your right to access and use the Services is specific to you and subject to the usage license as provided under the Subscription Agreement you have entered into and Cignal grants you a non-exclusive license to use the content and materials for which you have subscribed and paid for solely in accordance with these Terms of Use and your Subscription Agreement. Except as set forth in the preceding sentence or as separately authorized in writing by Cignal, and in all cases subject to the Citation Policy, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, compile or create derivative works from any such data, information, reports, content or other materials. Use of any of the materials for any purpose not expressly permitted in these Terms of Use is prohibited. You acknowledge and agree that the unauthorized use of the materials on the Site could cause irreparable harm to Cignal or its partners and that in the event of such unauthorized use, Cignal or its partners shall be entitled to injunctive relief in addition to any other remedies available at law or in equity.

COMMUNICATION BY ELECTRONIC MEANS

To the fullest extent permitted by applicable law, these Terms of Use and any other agreements, notices or other communications regarding your user account, your Subscription and/or your use of the Services (“Communications”), may be provided to you electronically and you agree to receive Communications in an electronic form. Communications may be posted on the pages within the Site or the Services and/or delivered to your e-mail address. You should retain a copy of any Communications for your records. All Communications in electronic format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have opened, received or retrieved the Communication. Cignal reserves the right, but assumes no obligation, to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying Cignal of your decision to do so, by sending an email message to [email protected] expressly stating your desire to receive paper communications. If you revoke your consent to receive Communications electronically, Cignal reserves its right to, and may, terminate your right to use Site and/or the Services.

PRIVACY

The terms of the Cignal Privacy Policy govern the collection, use and distribution of information related to you. You may find and access the Cignal Privacy Policy here. You must access and acknowledge and accept the Privacy Policy in order to maintain an active registration. By continuing to access the Site, you agree that you have had an opportunity to read, review and download or print our Privacy Policy.

DISCLAIMER OF WARRANTIES AND LIABILITY

Unless expressly set forth in your Services Agreement, the data and information available on the Site and through the Services are for informational purposes only. It is impossible to collect all data and address all situations that may be applicable to all Users or Subscribers. You acknowledge and agree that due to the dynamic nature of the telecommunications market and the underlying data that you cannot and will not assume that the information provided on the Site and through the Services is complete, reliable, or up to date and that Cignal may have to alter its processes and analytics based on a myriad of factors that are out of its control. You bear the sole responsibility for evaluating the merits and risks associated with the use of any data, information, or content on this Site and the Services before making any decisions based on such data, information, or content. In exchange for using such data, information, or content, you agree not to hold Cignal or any of its content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through this Site or the Services.

ALL DATA, REPORTS, MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR THE SERVICES (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. CIGNAL DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR SERVICES ARE COMPLETELY SECURE. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL CIGNAL BE LIABLE FOR ANY DIRECT, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF BARROW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CIRCUMSTANCES CIGNAL SHALL HAVE THE LEAST AMOUNT OF LIABILITY PERMITTED BY LAW.

CIGNAL’S MAXIMUM AGGREGATE LIABILITY TO YOU RELATED TO OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO CIGNAL, IF ANY, HEREUNDER FOR THE PRIOR TWELVE (12) MONTH PERIOD OR A MAXIMUM OF TEN THOUSAND DOLLARS, WHICHEVER IS GREATER.

You acknowledge that Cignal has set its prices and entered into your Subscription Agreement and permitted your use of the Site and the Services in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in these Terms of Use will survive and apply even if found to have failed of their essential purpose.

INJUNCTIVE RELIEF

You agree that unauthorized use of User IDs, passwords, this Site or the Services will breach the security of the Site and the Services including the data contained herein and provided therewith and therefore would cause irreparable harm to Cignal for which no adequate remedy at law exists, and you therefore agree that, in addition to any other remedies available, Cignal is entitled to equitable relief to enforce the terms of this agreement.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Cignal, its affiliates, and their respective employees, contractors, officers, directors, members, managers, partners, and shareholders (each an “Indemnitee”) from and against all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Site or the Services, including all or any portion of the data, reports or other materials provided. Each Indemnitee reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with such Indemnitee in asserting any available defenses.

CHOICE OF LAW AND FORUM

The Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site or the Services shall be the state or federal courts located in the Commonwealth of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Cignal with respect to the Site and the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Cignal with respect to the Site and/or the Services. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Cignal, and the remaining portions shall remain in full force and effect.

TERMINATION

Cignal reserves the right, in its sole discretion at any time, to terminate your access to all or part of the Site and/or the Services and/or to remove any data, content and materials from the Site, with or without notice. You agree that Cignal shall not be liable to you or any third party for any termination of your access to the Site and/or the Services and/or for removal of information from the Site.

Last updated: January 26, 2016