NO UNLAWFUL USE
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.
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
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.
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.
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.
- 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]
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.
COMMUNICATION BY ELECTRONIC MEANS
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 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.
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
SEVERABILITY AND INTEGRATION
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