Terms & Conditions

 

LAST UPDATED: February 10, 2017.

The website, https://www.industryindex.com (“Site”), is owned and operated by Industry Index, LLC and its affiliates (collectively, “Industry Index”). These Terms of Use (“Terms of Use”) contain the terms and conditions upon which you, the user (referred to herein as “You”), may access and use this Site and its content, including (without limitation) the ratings and other opinions displayed on the Site. Industry Index reserves the right to change these Terms of Use upon notice, which notice may be given by Industry Index posting revised Terms of Use on the Site, by e-mail, or any other reasonable way. If a change is notified by posting revised Terms of Use on the Site, it shall take effect when posted; if a change is notified by e-mail, it shall take effect when the e-mail is sent; and if a modification is notified in any other way, it shall take effect when the relevant notice is sent or issued by or on behalf of Industry Index. Your continued use of this Site following notice of such change will be deemed acceptance of any changes to these Terms of Use. You agree that notice of changes to these Terms of Use by posting on the Site, by email, or by any other reasonable way constitutes reasonable and sufficient notice.

BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM JUST AS IF YOU HAD SIGNED THESE TERMS OF USE. You also hereby acknowledge that You have read and understand the Privacy Policy and consent to Industry Index’s use of Your Personal Data as set out therein (including, with respect to Users resident in the European Union, the transfer of Your Personal Data outside the European Economic Area). This privacy policy is located at https://industryindex.com/privacy. If You do not agree to these Terms of Use or the Privacy Policy, You may not use this Site.

  1. Your Right to Use the Site.

    These Terms of Use provide You with a personal, revocable, non-exclusive, non-transferable license to use the Site as well as the Content (defined below) and services offered therein conditioned on Your continued compliance with the terms and conditions set forth herein. You may, on an occasional and irregular basis, print and download Content on the Site solely for personal and non-commercial use, provided that You do not obscure, alter, remove or delete any copyright or other proprietary notices contained in such Content. With the exception of the foregoing and except as otherwise expressly permitted herein, You may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, “deep link”, “scrape”, data mine, or otherwise use any Content obtained from or through this Site. Further, You may not post any Content from this Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior written consent of Industry Index. You warrant to Industry Index that You will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (i) disrupting, impairing or interfering with this Site, (ii) collecting any information about other users of this Site, including passwords, accounts or other information, or (iii) systematically extracting data contained on this Site to populate databases for internal or external business use.

  2. Minimum Age.

    If you are under the age of eighteen (18), You are prohibited from using this Site.

  3. Subscription-Based Services; Registration; Fees; Billing.

    Certain services offered through the Site are only available with the purchase of a subscription (“Subscription-Based Services”). The terms for access to Industry Index’s Subscription-Based Services are provided in this Section 2.

    As a condition of Your use of a Subscription-Based Service, You must register by providing certain registration information as prompted by online Industry Index registration forms (“Registration Information”). Registration Information may include Your name, address, telephone number(s), email address(es) and applicable payment information (e.g., credit card numbers, expirations dates, which we use solely to fulfill the purchase of the Subscription-Based Service You requested). You agree that the Registration Information You provide is true, accurate, current and complete, and that You will update and maintain the truthfulness, accuracy and completeness of such information. Failure to comply with this provision may, at Industry Index’s option, result in immediate suspension or termination of Your right to use our Site, including any Subscription-Based Services.

    Industry Index may charge You a subscription fee in order to provide access to Subscription-Based Services offered through the Site (“Subscription Fee”). The Subscription Fee may be billed either monthly, semi-annually or annually, at Your option. In order to provide uninterrupted access to the Subscription-Based Service, Industry Index will automatically renew Your subscription at the end of the applicable subscription period. Your subscription will be renewed by automatically charging You the then-applicable Subscription Fee, unless You cancel Your subscription in advance as provided below.

    You agree to pay, using a credit card, debit card, PayPal® or other valid payment method that Industry Index accepts, all fees and charges, including applicable taxes, You incur through Your subscription account, including the monthly, semi-annual or annual Subscription Fees required to access any Subscription-Based Services. You acknowledge that Industry Index reserves the right, at any time, to (i) increase fees and charges, including Subscription Fees, (ii) to institute new fees at any time, or (iii) to modify its billing methods, in each case, upon reasonable notice posted on this Site or sent to the contact information You Provide in Your Registration Information.

    UNLESS YOU CANCEL YOUR AUTO-RENEWING SUBSCRIPTION AS PROVIDED BELOW, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED UPON THE TERMS SET FORTH HEREIN. INDUSTRY INDEX WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION FOR THE APPLICABLE SUBSCRIPTION PERIOD BY AUTOMATICALLY CHARGING YOU FOR THE THEN-APPLICABLE SUBSCRIPTION FEE (AS SUCH FEE MAY BE MODIFIED AS PROVIDED ABOVE) USING THE CREDIT CARD, DEBIT CARD OR OTHER PAYMENT INFORMATION ON FILE WITH INDUSTRY INDEX. The subscription renewal payment will be charged on or about the expiration date of the applicable subscription period. If processing of the subscription renewal payment fails for any reason, we will continue to attempt to process the subscription renewal payment for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time at Industry Index sole option). Except as otherwise required by applicable law, You agree that Industry Index will not provide You with any notices prior to charging each subscription renewal payment.

    IF YOU DECIDE TO CANCEL YOUR SUBSCRIPTION TO A SUBSCRIPTION-BASED SERVICE, YOUR CANCELLATION REQUEST MUST BE RECEIVED NO LATER THAN 5:00 P.M. (NEW YORK, NEW YORK LOCAL TIME) ON THE BUSINESS DAY PRIOR TO YOUR SCHEDULED SUBSCRIPTION RENEWAL PAYMENT DATE. YOU MAY CANCEL YOUR SUBSCRIPTION BY EMAILING SUPPORT@INDUSTRYINDEX.COM AND REQUESTING YOUR ACCOUNT BE CANCELED. UPON CANCELLATION, YOU AGREE THAT YOU WILL NOT BE ENTITLED TO A REFUND FOR ANY UNUSED PORTION OF THE APPLICABLE SUBSCRIPTION PERIOD.

    If the credit card or debit card provided by You to Industry Index has expired during an attempt to charge the subscription renewal payment, You hereby authorize Industry Index to revise the expiration date and proceed with billing using the same credit or debit card account. In addition, as a convenience to You, Industry Index may contract with a third-party service (“Account Updater”) that refreshes expired or replaced credit card and debit card numbers with the numbers of any replacement cards so that Your paid Subscription-Based Services do not lapse because the credit card or debit card information initially on file with Industry Index has expired or changed. By registering for a Subscription-Based Service and receiving a subscription, You consent to and authorize Industry Index's disclosure of Your credit or debit card information to an Account Updater. You further consent to the Account Updater’s use of such information solely in connection with renewing Your subscription. You also consent to Industry Index's receipt and use of updated credit card or debit card account information from Your financial institution in connection with the provision of the Service as provided in this Terms and Use and the Privacy Policy.

  4. Password Policy.

    As part of the registration process for Subscription-Based Services and certain other features, You will be required to select a password. This password is for Your individual use only. You are solely responsible for maintaining the confidentiality of any password You use to access the Subscription-Based Services and other features, and agree that Industry Index will have no obligation with regard thereto. You will also immediately notify Industry Index if You become aware of any loss or theft of Your Password or any unauthorized use of Your password. Industry Index reserves the right to delete or change a password at any time and for any reason.

  5. Intellectual Property Rights.

    All materials and information contained on the Site, including without limitation, text, data, images, layout, design, software and downloadable software applications, audio and video clips, databases and ratings (collectively, “Content”), are the exclusive property of Industry Index or its suppliers. Industry Index or its suppliers retain all right, title and interest in and to the Content, including but not limited to, all copyrights, trade secret rights, trademark rights, database rights and all other intellectual and industrial property rights of any kind of nature under the laws of the United States, other countries, international conventions and other applicable laws. Except as specifically and explicitly provided elsewhere herein, Industry Index does not grant any express or implied right in any Content to You.

    The marks DMR, DIGITAL MEDIA ROUNDTABLE PARTNERS, DMR PARTNERS, INDUSTRY INDEX, and all other trademarks, trade names, brands, logos, and icons identifying Industry Index and/or Industry Index’s products and services are proprietary trademarks of Industry Index or its affiliates. Third-party trademarks displayed on the Site are the property of their respective owners. You may not use any of Industry Index’s trademarks or third-party trademarks without the prior written permission of Industry Index, the relevant affiliate or the relevant third-party supplier, as applicable. In addition, You agree not to use any of Industry Index’s trademarks: (i) in or as part of Your own trademarks or those of any third parties; (ii) to identify products or services that are not Industry Index’s; (iii) in a manner that is likely to cause confusion; or (iv) in a manner that implies that Industry Index sponsors, endorses or is otherwise connection with Your activities or those of any third party.

  6. Submissions to the Site.

    Industry Index does not claim ownership of any of the communications, comments, information, data, text or other materials You post, upload or otherwise submit to the Site (collectively, "Submissions"). By posting, uploading or submitting the Submissions, You hereby grant to Industry Index a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such Submissions and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing, in any form, media, or technology now known or later developed. In addition, by providing Industry Index with Submissions, You hereby grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Submissions. You warrant that You have the right to grant these rights to Industry Index. You also permit any other user to access, view, store or reproduce the Submissions for that user’s personal use.

    Industry Index has the right, but not the obligation, to screen, monitor, edit, refuse or remove any of Your Submissions without notice or further permission from You, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity the Site. Industry Index will also comply with all court orders involving requests for such information.

  7. Feedback.

    By submitting ideas, suggestions, documents, feedback and/or proposals ("Feedback") to Industry Index through the Site, You acknowledge and agree that: (a) Your Feedback does not contain confidential or proprietary information; (b) Industry Index is not under any obligation of confidentiality, express or implied, with respect to the Feedback (c) Industry Index may use or disclose (or choose not to use or disclose) Your Feedback for any purpose, in any way, in any media worldwide; (d) Industry Index may have something similar to the Feedback already under consideration or in development; (e) Your Feedback automatically becomes the property of Industry Index without any obligation of Industry Index to You and You hereby assign to Industry Index all right, title and interest (including all intellectual property rights) in such Feedback; and (f) You are not entitled to any compensation or reimbursement of any kind from Industry Index under any circumstances.

  8. Rules of Conduct.

    In connection with Your use of the Site, You agree to the following rules of Conduct:

    • Unless you are a Company (defined below), You may not post, upload or otherwise submit any Submission that is for commercial purposes or otherwise advertises or solicits for the sale of any goods or services.
    • You will not post, upload or otherwise submit any Submission that is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive.
    • You will not post, upload or otherwise submit any Submission that advocates or provides instructions on illegal activity or discuss illegal activities with the intent to commit them.
    • You will not post, upload or otherwise submit any Submission that constitutes or contains false or misleading indications of origin or statements of fact.
    • You will not post, upload or otherwise submit any Submission that slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party.
    • You will not post, upload or otherwise submit any Submission that causes injury of any kind to any person or entity.
    • You will not post, upload or otherwise submit any Submission that infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party.
    • You will not post, upload or otherwise submit any Submission that violates any applicable laws, rules, or regulations.
    • You will not post, upload or otherwise submit any Submission that contains software viruses or any other malicious code designed to interrupt, destroy, disrupt or limit the functionality of any computer software or hardware or telecommunications equipment.
    • You will not impersonate another person or entity, or collect or use any information about other users of the Site.
    • You will not breach nor attempt to breach the security of the Site, which may result in criminal and/or civil prosecution.
    • You will not access, download or copy any Content contained on the Site through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means).
    • You agree not to post, upload or otherwise submit any Submission that contains any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
    • You agree not to resell, assign or sublicense Your rights or obligations under these Terms of Use to any third party
  9. Copyright Compliance.

    Industry Index respects the rights of all copyright holders and has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who infringe the rights of copyright holders. If You believe that Your work has been copied or used in a way that constitutes copyright infringement, please provide Industry Index the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyright 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;
    • Identification of the material that is claimed to be infringing or to be the subject of 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;
    • Information reasonably sufficient to permit us to contact the complaining party;
    • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    For copyright inquiries under the Digital Millennium Copyright Act please contact Industry Index at: 

    • Industry Index Copyright Agent
    • c/o Lori Hoberman, Esq.
    • Chadbourne & Parke LLP
    • 30 Rockefeller Plaza
    • New York, NY 10112
    • Email: dmrlegal@digitalmediareview.com
  10. Links to Other Websites.

    Industry Index may provide links, in its sole discretion, to other websites on the World Wide Web for Your convenience in locating related information and services. These websites have not necessarily been reviewed by Industry Index and are maintained by third parties over which Industry Index exercises no control. Accordingly, Industry Index expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third-party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.

  11. Ratings.

    Industry Index, via this Site, provides ratings and other opinions of advertising technology companies (the “Companies”), based on the reviews and opinions of third-party reviewers such as marketing executives, venture capital investors and other advertising professionals (the “Reviewers”), with certain Ratings reflecting the average scores given by all of the Reviewers who voted for a Company and certain text based on direct quotes from, or a fair paraphrasing of, Reviewers’ comments. The ratings represent the relative ranking of Companies by Reviewers across various criteria specified by Industry Index for established Companies and start-up Companies. The ratings and other opinions provided on this Site do not reflect the views of Industry Index, its officers, managers, owners, employees, agents, designees or other users. Industry Index adopts reasonable measures to ensure that the information it uses in assigning a rating is from Reviewers believed by it to be independent, accurate and reliable. However, Industry Index is not an auditor and cannot independently verify or validate information received in the rating process. You expressly acknowledge and agree that (a) the ratings and other opinions provided via the Site are, and will be construed solely as, statements of the Reviewers’ opinion of each Company as of the date such opinion is expressed, and not as (i) statements of fact as to each Company, (ii) recommendations regarding the decision whether or not to invest in, retain, purchase goods or services from or otherwise have a business relationship with a Company, or (iii) an endorsement or disapproval of a Company or any products or services it provides; (b) the ratings and other opinions provided via the Site do not take into account Your or Your organization’s objectives, financial situation or needs; (d) each rating or other opinion will be weighed, if at all, solely as one factor in any business decision made by or on behalf of You or Your organization regarding a Company; and (e) You will accordingly make Your own study and evaluation of any Company that You or Your organization may consider investing in, retaining, purchase goods and/or services from, or otherwise having a business relationship with. Further, You expressly agree that any rating, other opinions or other information made available to You on the Site are no substitute for the exercise of Your independent judgment and expertise.

    With respect to any ratings and other options of Companies that You provide via the Site, You represent and warrant that: (a) any such ratings and opinions are original to You based on Your actual first-hand experience with the Company, or are based on the actual first-hand experience of another person in your organization for which you have the legal authority to disclose his/her experience; (b) any such ratings and opinions are accurate, truthful and complete in all material respects; (c) neither You, Your organization nor the person on whose behalf you are submitting such ratings and opinions works for, owns any interest in, or serves on the board of directors (or equivalent) of, any Company for which You are submitting such ratings and opinions; (d) neither You, Your organization nor the person on whose behalf you are submitting such ratings and opinions works for, owns any interest in, or serves on the board of directors (or equivalent) of, any direct competitor of the Company for which You are submitting such ratings and opinions; (e) neither You nor the person on behalf You are submitting such ratings and opinions are related in any way (including by blood, adoption or marriage) to any person who satisfies either (c) or (d) above.

  12. Your Dealings with Companies.

    Industry Index does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any Company. You agree that, should You use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any Company, Industry Index is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with any Company, and any other terms, conditions, representations or warranties associated with such dealings, are between You and such Company exclusively and do not involve Industry Index. You should make whatever investigation or other research that You deem necessary or appropriate before hiring or engaging, investing in, purchasing any goods or services from, or otherwise establishing a business relationship with a Company. You further agree that Industry Index is not responsible for the accessibility or unavailability of any Company or for Your interactions and dealings with them. You hereby waive the right to bring or assert any claim against Industry Index relating to any interactions or dealings with any Company, and release Industry Index from any and all liability for or relating to any interactions or dealings with the Company.

  13. Assumption of Risk.

    You use the Internet solely at Your own risk and subject to all applicable local, state, national, and international laws and regulations. While Industry Index has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Industry Index and Industry Index’s licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Industry Index and Industry Index’s licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services.

  14. Events Beyond Industry Index’s Control.

    You expressly absolve and release Industry Index and Industry Index’s licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.

  15. Disclaimer of Warranties; Limitation on Liability

    YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INDUSTRY INDEX, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; (ii) NON-INFRINGEMENT; (iii) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (iv) WITH RESPECT TO THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOUTHROUGH THE SITE.

    In particular, You agree that Industry Index shall not be liable for any statements, descriptions, comments or opinions provided in connection with any rating or review of a Company that is posted on the Site. Industry Index does not make, and expressly disclaims, any representation or warranty regarding the accuracy, integrity or quality of any such rating or review, that any such rating or review is based on a statistically significant sample, or that any such rating or review will free from any errors or omissions. You acknowledge and agree that your use of or reliance on any such rating or review is at your sole risk.

    NEITHER INDUSTRY INDEX, ITS SUBSIDIARIES AND AFFILIATES, EACH OF THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OF THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT INDUSTRY INDEX, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INDUSTRY INDEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. 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 OF MAY NOT APPLY TO YOU.

  16. Indemnity.

    You agree to indemnify and hold Industry Index, its subsidiaries and affiliates, and each of their respective trustees, officers, employees, agents, contractors, partners, content providers and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (A) Submission You post, upload or otherwise make available through the Site; (B) Your use of the Site; (C) Your violation of these Terms; or (D) Your violation of any rights of another.

  17. Governing Law.

    These Terms of Use, including (without limitation) any disputes relating to the content the Site, whether sounding in contract, tort, statute or otherwise, is governed by the laws of the State of New York, without reference to its conflict of law principles and without regard to the U.N. Convention on Contracts for the International Sale of Goods.

  18. Dispute Resolution.

    Any dispute, controversy or claim arising out of or relating to these Terms of Use, including any disputes relating to the content of Site, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. The arbitration shall be conducted by one arbitrator in English and in accordance with the International Rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be New York, New York. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrators determine. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts in New York County, New York for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award, and agree to waive all objections to the exercise of jurisdiction and venue in such courts. Notwithstanding the foregoing, Industry Index may seek preliminary injunctive relief from a court of law in the event of a breach by You.

  19. Term, Termination.

    These Terms of Use will take effect when You first commence using the Site. Industry Index reserves the right at any time and for any reason to limit, suspend or terminate Your access to the Site or any portion thereof at Industry Index’s sole discretion without notice to You.

  20. Waiver.

    Failure to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by Industry Index of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

  21. Nature of Relationship/Severability.

    No joint venture, partnership, employment, or agency relationship exists between You and Industry Index as a result of these Terms of Use or Your utilization of this Site. If any provision of these Terms of Use is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use shall continue in full force and effect.

  22. Entire Agreement/Reservation of Rights.

    Your rights to use certain material available on or through this Site may be subject to separate written agreements with Industry Index (“Other Agreements”). Particular pages or features of this Site with Content or services supplied by Industry Index or its licensors may have different or additional terms ("Special Terms"), which will be disclosed to You when You access those pages or features, and by accessing or using such pages and features, You will be deemed to have agreed to the applicable Special Terms. If there is a conflict between these Terms of Use and the Special Terms, the Special Terms will govern with respect to such pages or features or content. In the event of a conflict between these Terms of Use and one or more Other Agreements, the terms of such Other Agreement(s) shall govern and control. With the exception of any Special Terms and Other Agreements, these Terms of Use represent the entire agreement between You and Industry Index with respect to Your use of and material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Industry Index with respect to the Site. Any rights not expressly granted herein are reserved. Notwithstanding the foregoing, Industry Index’s data collection and usage practices in connection with the Site are as set forth in the Privacy Policy.