Terms of Service

These Terms of Use set out the terms and conditions on which we agree to make available, and you agree to access and use, the CMP Research Portal, Materials and Services.  Please read and review these Terms of Use carefully.  These terms are incorporated by reference into each Subscription Agreement among a Subscriber, a User, and CMP Research.  By entering into such Subscription Agreement, or by accessing and using the Research Portal, Materials and/or Services, you agree to comply with, and be legally bound by, these Terms of Use, and agree to the processing of your personal data in accordance with our Privacy Policy.

DEFINITIONS

Unless otherwise defined herein, capitalized terms have the following meanings:

• “CMP,” “we,” “our” and “us” mean and refer to Customer Management Practice, a limited liability company registered in Delaware and with its principal place of business at 535 Fifth Ave., 8th Floor, New York, NY 10017 and any of its subsidiaries and divisions, including but not limited to CMP Research.
  
  
• “CMP Research Portal” means the website at and its subdomains, including (where appropriate in context) all content therein.
  
  
• “CMP Materials” means the content available on the CMP Research Portal, including without limitation all white papers, analyses, data compilations, templates, webinars, online events or meetings and all other written or recorded materials or compilations hosted on the CMP Research Portal and made available to Users (or some subset of Users) in accordance with these Terms of Use.
  
  
• “CMP Services” shall mean the additional services provided to Executive Seats, including but not limited to formal networking meetings via the Website, and the right to 30-minute personalized calls with the CMP Research Team on any aspect of the CMP Materials or their topics.
  
  
• “You” and “your” mean and refer to both Subscribers to and Users of the CMP Research Portal, CMP Materials and/or CMP Services.
  
  
• “Subscriber” means the corporate entity which shall be the owner of any Subscription Agreement with CMP. 
  
  
• “User(s)” means the individual(s) designated by a Subscriber as the person authorized to use the license granted by the terms of the Subscription Agreement for the CMP Research Portal, Materials and/or Services.  The license granted may be either a Reader License or Executive License, as designated in the Subscription Agreement, and shall entitle the User to the benefits specified in the Subscription Agreement for that license. Only one individual may be designated as a User for each license, and such individual must be an owner, officer, director, consultant or employee of the Subscriber who owns the Subscription Agreement.   
  
  
• “Valid Email” means the email each Subscriber must provide as part of the registration process in connection with a Subscription Agreement.  Please note that only corporate email addresses will be accepted as a Valid Email address. Emails from online service providers like Gmail, Yahoo, Hotmail and others, will be denied access. By entering an email address, the Subscriber warrants that such email address is valid, and that it belongs to the Subscriber.
  
  
• “Original Subscription Term” means the period from the start date to end date, as set forth in the Subscription Agreement. 
  
  
• “Renewal Subscription Term,” unless otherwise specified in the Subscription Agreement with a Subscriber, shall be a period commencing on the end date of the previous subscription term and continuing for a period equal to the period of the Original Subscription Term. 
  
  
• “Subscriber Research Information” means any data, information or materials regarding the corporate entity which is a Subscriber, and provided to CMP by Subscriber or User on a voluntary basis for the purpose of use by, or inclusion in, CMP’s preparation of CMP Materials made generally available to all Users. 

SUBSCRIPTION FEES AND RENEWAL

• A Subscriber may purchase a subscription for one or more Reader Licenses or Executive Licenses.  The Subscription Fee and Subscription Term for each such license shall be set forth in the Subscription Agreement between the User and CMP Research.
  
  
• CMP Research reserves the right to limit Executive Licenses to qualified Subscribers and Users.  Vendors and service providers do not qualify for Executive Licenses.  CMP Research reserves the right to decline Executive License subscriptions from a vendor or service provider, or to change such User’s access to a Reader License.  No refunds will be provided in the event of a change in access on this basis.
  
  
• Unless otherwise noted in your Subscription Agreement, subscriptions shall automatically renew for additional terms of the same length as the initial Subscription Term in your Subscription Agreement.
  
  
• CMP Research shall provide Subscribers with a notice of renewal in advance of the renewal date via an email to the email contact address provided by the Subscriber at the time of subscription.  Such notice shall contain a reminder of the upcoming auto-renewal, the date of which the subscription shall automatically renew, the price for the renewal term (including any increase), and directions for providing a notice of non-renewal, should the Subscriber wish to do so.
  
  
• Unless otherwise stated in your Subscription Agreement, Subscription Fees will be invoiced and due in full at the start of each Subscription Term.

RIGHTS OF USE/LIMITATIONS ON USE

• The holder of each Seat is granted a nonexclusive, nontransferable, limited license to access and use the CMP Materials for their own internal business purposes only.
  
  
• Users are not permitted to sell content to third parties, share usernames or passwords with third parties, or use the content or CMP Materials in a manner that indicates attempts to replicate the portal or circumvent licensing requirements.
  
  
• Users may use the CMP Materials, or incorporate such materials into their own internal analyses, presentations, documents or similar forms of work or research material if and only if (a) such use cites and attributes CMP, and (b) such use does not reconfigure the CMP Materials or in any way misrepresent the original content.  CMP Research reserves the right to set or modify the manner in which citation or attribution must be made, including by issuance of Brand Guidelines.
  
  
• Users may not use the Website or any CMP Materials or CMP Services for any illegal purpose or in any manner inconsistent with the General Terms and Conditions or any applicable laws.  Your use of the CMP Materials and/or CMP Services must comply with all applicable laws, rules or regulations, and you may not use the information included in the CMP Materials and/or CMP Services for any purpose prohibited by applicable law, including but not limited to the U.S. Fair Credit Reporting Act, applicable data privacy laws, or any other law, statute or regulation.
  
  
• Users may not use the Website or any CMP Materials and/or CMP Services for any inappropriate, defamatory, infringing, obscene, or unlawful purpose, nor in any way that violates any applicable intellectual property, proprietary, privacy, or publicity rights.  You may not use the Website or CMP Materials or CMP Services in any way that causes, or may cause, damage to the Website or impairment of the availability of the Website or its Materials or Services.
  
  
• Users may not use the Website or CMP Materials or CMP Services in any fashion that infringes CMP’s  goodwill, intellectual property rights, and/or proprietary interests, nor those of any third party, including any other User of the Website.  Without limiting the foregoing, Users acknowledge and agree that any information or data shared by another User via any CMP Service, such as a formal networking meeting, shall be kept confidential and may not be attributed to the User or used in a way that would identify the User and/or the User’s employer, without explicit permission from such User.
  
  
• User credentials, such as a user ID and password, must be kept confidential.  User ID’s are not be shared with any third party. You understand and agree that you will be held responsible for any access or use of the Website and its Materials and Services using such ID and password.
  
  
• Users may access, search and otherwise use the CMP Materials only via manually conducted, discrete, individual search and retrieval activities.  Use of mechanical, robotic, scripted or any other automated means is strictly prohibited.
  
  
• CMP Research reserves the right to suspend, block or limit access to the Website or CMP Materials or CMP Services by any User, or to disable a User ID and password, on a temporary or permanent basis, at any time in our sole discretion, without notice or explanation, including but not limited to in the case of any delinquencies in Subscriber’s payment of fees or any suspected violation of any of these Terms of Use.  User acknowledges and agrees that it shall not have any claim against CMP in such case, except as explicitly set forth in your Subscription Agreement.  This suspension is in addition to all other remedies available to us at law.

INTELLECTUAL PROPERTY RIGHTS

• All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in all or any portion of the Website and/or the CMP Materials or CMP Services (including without limitation any logos, trademarks or other stylistic materials) in any medium belongs to CMP Research or (where applicable) any of our third party suppliers of Materials. Users are granted the right to use such logos for the purposes of attribution when using CMP Materials in accordance with Section 2, above.   
  
  
• No User shall acquire any title or proprietary interest in the CMP Materials, or any copies thereof, nor shall any User acquire any rights in such Materials beyond those limited rights granted by these Terms of Use or expressly granted in the terms of any Subscription Agreement between us and a Premium Subscriber.
  
  
• You are prohibited from removing, altering, editing or obscuring the copyright notice or other notices contained on the Website or CMP Materials, including in connection with any authorized use of such CMP Materials for any internal User purposes.
  
  
• If you post or submit any content to this Website, by doing so, you understand and agree that you grant to us a worldwide, irrevocable, royalty-free license to use, adapt, publish and distribute such user content in any existing or future media.  You further warrant and represent that neither your user content, nor the license granted to us, will infringe any third party’s legal rights, nor give rise to any legal action by you or any third party against us or the Website.
  
  
• If User opts to share Subscriber Research Information, or other data and materials, with CMP Research in connection with User’s voluntary participation in research interviews, survey responses, webinars or similar events, or in participating in a profiling or case study interview, User understands and agrees that CMP Research may use or publish such information or data.  However, CMP Research will never attribute the information to an identifiable User or Subscriber absent your express permission.  Subject to this limitation, the information or data provided for these purposes becomes the property of CMP Research, and Users shall have no ownership or other intellectual property rights in the CMP Materials created using such information or data.
  
  
• If User shares artifacts or documents with CMP Research for other purposes, such as in connection with a request for review or advice, and not for the purpose of publication, such artifacts or documents shall remain the property of the User.  CMP Research shall not publish such documents or information absent your express consent.

LIMITATION OF LIABILITY/NO WARRANTY/INDEMNITY BY USER

• Neither CMP Research (including but not limited to any parent, subsidiary, affiliate, officer, director, employee, subcontractor, agent, successor, or assign of CMP Research), nor any  third party supplier of Materials (including but not limited to any parent, subsidiary, affiliate, officer, director, employee, subcontractor, agent, successor, or assign of such party)  shall  be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Website or any CMP Materials or CMP Services, (b) the unavailability or interruption of the Website or any CMP Materials or Services, (c) any damage or loss incurred in connection with the use of the Website or CMP Materials or Services by any User , (d) the loss or corruption of any data or equipment in connection with use of the Website, (e) the content, accuracy, or completeness of any CMP Materials or Services or other Website content, or (f) any content retrieved from the Internet even if retrieved or linked to from within the Website.
  
  
• YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND YOU ACKNOWLEDGE THAT THE WEBSITE AND CMP MATERIALS ARE PROVIDED "AS IS", AND "AS AVAILABLE."  YOU FURTHER ACKOWLEDGE THAT CMP RESEARCH AND EACH THIRD PARTY SUPPLIER OF MATERIALS MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CMP MATERIALS OR CMP SERVICES, INCLUDING BUT NOT LIMITED TO, MERCHANTIBILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
  
  
• CMP Research gives no warranty as to the accuracy, timeliness, completeness, reliability, quality or suitability of any CMP Materials, CMP Services, or other content contained in or delivered via the Website or otherwise made available in connection with the Website or your use thereof.
  
  
• Without prejudice to the generality of the foregoing, we do not warrant that access to the Website will be constantly available, uninterrupted or error-free, or that the Website and/or the server from which the Website is made available are free of viruses or other harmful components, and you acknowledge and agree that the operation of the Website is dependent upon the proper and effective functioning of internet access and other third party equipment, for which we will not be liable in any way.
  
  
• Under no circumstances, including but not limited to negligence, shall CMP Research be held liable to any User or Subscriber for any special, direct, indirect, incidental, exemplary; punitive, or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees) in any way due to, resulting from, or arising in connection with the Website, the CMP Materials, the CMP Services, or any User’s access, attempted access, or use thereof.
  
  
• Notwithstanding any other provision in these Terms of Use or the Subscription Agreement, the total aggregate liability of CMP Research arising out of or in connection with such document, the Website and/or the CMP Materials and CMP Services, or any performance or non-performance thereunder, shall be limited to the pro rata price paid or payable by the Subscriber for the license to which the claim relates for the12-month period immediately preceding the event giving rise to the claim.
  
  
• Nothing in these Terms of Use is intended to exclude any party’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited by law.
  
  
• Subscriber and User agree, at their own expense, to jointly and severally indemnify, defend and hold harmless CMP Research, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' and experts' fees, arising out of or in connection with your use of the Website or the CMP Materials or Services, including, but not limited to: (i) third-party claims arising out of or related to use of the  CMP Materials or Services by you or someone using your computer or user log-in credentials; (ii) any violation of these General Terms and Conditions by you or anyone using your computer or user log-in credentials; (iii) a claim that any use of the Website or CMP Materials by you or someone using your computer or log-in credentials infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Website or CMP Materials or Services by you or someone using your computer or log-in credentials; (v) any misrepresentation or breach of representation or warranty made by you in connection with your registration, access and/or use of the Website or CMP Materials or Services; or (vi) any breach by you of any covenant or agreement with CMP Research. You agree to pay any and all costs, damages, and expenses, including but not limited to, attorneys' fees and costs awarded against or otherwise incurred by CMP Research or in connection with or arising from CMP Research’s defense or settlement of any such claim, suit, action, or proceeding attributable to any such claim.
  
  

TERMINATION OR TRANSFER OF SUBSCRIPTION

• Unless otherwise stated in your Subscription Agreement, Subscriptions are non-cancelable.  Should a Subscriber and/or User wish to cancel, or fail to use the CMP Materials, no refunds will be provided.
  
  
• Subscriptions shall automatically renew at the end of each Subscription Term for the same length of time as the original Subscription Term (unless otherwise stated in your Subscription Agreement), unless User provides a Notice of Non-Renewal to CMP Research as set forth in the next paragraph.  CMP Research shall send Subscriber a Renewal Notice in advance of the auto-renewal date via email to the email address on file for the Subscriber.
  
  
• In order to exercise a right of non-renewal, the Subscriber shall send an email giving notice of Subscriber’s intent not to renew its Subscription.  Such email shall be sent from the email address on file for Subscriber to subscription@cmpresearch.com, and must be sent no more than 60 days, and no less than 30 days before the expiration of the Subscription Term, unless a different period is set forth in your Renewal Notice.
  
  
• Subscriptions are also non-transferable, except that if the individual holding a particular Seat ceases to hold the job title at Subscriber for whom the Seat was purchased, Subscriber may notify CMP Research and transfer the existing Subscription to the individual now holding the relevant job title at Subscriber.

CONFIDENTIALITY AND DATA PRIVACY

• CMP Research and all Users shall at all times comply with all applicable regulations relating to the collection, processing and storage of personal data.
  
  
• Users acknowledge and agree that CMP Research shall use the personal data of Users in accordance with the CMP Research Privacy Policy  
  
  
• CMP Research shall not publish or disclose any personally-identifiable information in the Subscriber Research Information a User or Subscriber shares with CMP Research.  While Users supplying such Subscriber Research Information understand and agree that, by supplying such information, it may be used by CMP Research in anonymized forms, such as aggregated data or unattributed quotes, CMP Research shall not publish any identifiable Subscriber Research Information without your written consent.  “Identifiable,” for this paragraph, shall mean attribution of the information to a specific individual or specific company.
  
  
• Users shall maintain and keep in confidence any information and data shared by other Users in connection with their use of the Website and the CMP Materials and Services, including but not limited to information that may be provided by other Users during webinars, formal networking meetings and other communication opportunities hosted by CMP Research.  Users understand that any such information or data communicated may be used by other Users in anonymized form, but shall not be attributed to an identifiable User without that User’s express written consent.

MISCELLANEOUS

• We reserve the right to amend these Terms of Use from time to time.  If we do, the amendments will be published on the Website.  It is your responsibility to check the Website periodically for changes to these Terms of Use.  Your continued use of the Website or CMP Materials or Services constitutes consent to any amendments to the Terms of Use.
  
  
• These Terms of Use and any access or use of the Website or CMP Materials or Services by any User shall be governed by New York law, and subject to the jurisdiction of the state and federal courts of New York, New York.  You agree to submit to the exclusive jurisdiction and venue of the state and federal courts of New York, New York with respect to any dispute arising out of or relating to such matters.
  
  
• Unless otherwise specified in your Subscription Agreement or Renewal Notice, any notices to be provided hereunder shall be made in writing and provided to CMP Research at the following address: CMP RESEARCH; 535 Fifth Avenue, 8th Floor; New York, New York 10017; Attn: Managing Director.  Any notice to be provided by CMP Research to any User hereunder shall be provided in writing to the email address provided by the User at registration.  The User must provide accurate information at registration and is responsible for keeping it updated.  If no address has been provided, notice shall be deemed sufficient when sent to you at that email or IP address from which you accessed or used the Website.
  
  
• If any provision of these Terms of Use is held to be invalid or unenforceable to any extent, such invalidity or unenforceability will not affect any other provision of these Terms, which shall continue in full force and effect.  If any invalid or unenforceable provision would be valid or enforceable if part of it were deleted, that part will be deemed to be deleted and the rest of the provision will continue in effect.
  
  
• Any failure or delay by us in exercising any right or remedy afforded by these Terms of Use, or by any other agreement between us and a User, shall not constitute or be construed as a waiver of any such right or remedy, or of our right to enforce it at a later time.
  
  
• These Terms of Use (together with any Subscription Agreement executed between CMP Research and Subscriber) constitute the entire agreement between you and CMP Research in relation to your access to and use of the Website and CMP Materials and Services.