Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
 

Welcome to the Circana, LLC. (“CIRCANA”) web site (the “Web Site”). By accessing and/or using the Web Site and other CIRCANA subsidiary and affiliate web sites linked to this site (collectively, the “Site”), you agree to follow and be bound by the following terms and conditions regarding your use of the Site (the “Terms of Use”) and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations. If any provision of these Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. We may revise the Terms of Use at any time without notice by updating this posting. This is the entire agreement between the parties relating to the use of this Site.

If you do not agree to these terms of service, you should not use the Site.

Jurisdiction

The Site is controlled and operated in whole or in part by Circana from its offices within the United States. BY ACCESSING THE SITE YOU AGREE THAT THE STATUTES AND LAWS OF THE UNITED STATES AND THE STATE OF DELAWARE, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE SITE, AND YOU AGREE THAT ANY LITIGATION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN ILLINOIS, U.S.A. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. Circana makes no representation that the content in the Site is appropriate or available for use in other locations, and access to it from territories where the content is illegal is prohibited.

Export Restrictions and Legal Compliance

You may not access, download, use or export the Site, or the content, software, products, or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Circana in violation of any such restrictions, laws or regulations, or without all necessary approvals. Neither the Circana services nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly: (a) into (or to a national or resident of) any country to which the United States has placed an embargo or which is subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries; (b) to entities on the US Treasury Department’s Specially Designated Nationals list, or (c) the US Commerce Department’s Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.

Restrictions on Use

Copyright© 2021 Circana, Inc. All Rights Reserved. All the content, materials, graphics and other components on this Site are copyrighted unless otherwise noted. Circana authorizes you to view, download copy and print documents and graphics from the Site subject to the following: (1) the documents and graphics may be used solely for personal, non-commercial, informational use only and provided you retain all copyright and other proprietary notices contained herein and therein; and (2) the documents and graphics may not be modified or altered in any way. You may not otherwise use, download, upload, copy, print, display, reproduce, publish, post, transmit or otherwise distribute any information from this Site without the express authorization of Circana.

The materials in this Site are provided for lawful purposes only. If you download software from this site, the software, including all files and images contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Circana. Neither title nor intellectual property rights are transferred to you, but remain with Circana and/or its licensors who owns full and complete title and all copyright rights in the Software. Any use of the Software is subject to the terms of a software license agreement between you and Circana. If the downloaded software constitutes a maintenance patch, fix, upgrade, add-on or other addition or modification to software already licensed to you by Circana, the terms of the license for the downloaded software shall be the same as those of your existing license except to the extent specifically modified by a notice accompanying the downloaded software. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human or machine perceivable form.

Nothing contained herein shall be construed as conferring by any means any license or right under any patent or trademark of Circana or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Circana copyright.

The documents published on the Site could include technical inaccuracies or typographical errors. The information contained in any document or publication on the Site is subject to change without notice. Circana may make improvements and/or changes in the products and/or services described in these publications at any time without notice. Unless otherwise noted, demonstration databases contained in any document on this Site may use real brand names and products but do not reflect actual market performance of these products.

Trademarks

Trademarks, such as product and service names contained on this Site are owned by Circana or third parties.

The trademarks and/or service marks listed below are either trademarks or registered trademarks owned by Circana, its subsidiaries or affiliates in the United States and/or other countries. The names of other companies and their products or services mentioned herein are used for identification purposes only and may be trademarks of their respective owners.

The names of other companies and their products or services mentioned herein are used for identification purposes only and may be trademarks of their respective owners.

Submissions

By uploading, emailing, posting, publishing or otherwise transmitting a message, feedback, comments or other content to Circana, you acknowledge that all information contained therein, including, but not limited to, feedback data, such as questions, or the like (but excluding personally identifiable information relative to you) shall be deemed non-confidential and Circana shall have no obligation of any kind with respect to such information. Circana shall be free to reproduce, use, disclose, and distribute the information to others on an unlimited basis. Circana shall be free to use any ideas, concepts, or techniques contained in such information for any purpose whatsoever, without compensation to you, including, but not limited to, developing, manufacturing, and marketing products incorporating such information. You acknowledge that you are responsible for whatever material you submit, and you have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

United States Government Restricted Rights Legend

Any documentation, materials or Software on this Site are provided with “Restricted Rights”. Use, duplication, or disclosure by the U.S. government is subject to the restrictions as set forth in DFARS 252.227-7013, Rights in Technical Data and Computer Software and FAR 52.227-14, Rights in Data-General, including Alternate III, as applicable, or their respective successors.

Third Party Links

The Site provides links to web sites and access to content, products, and services from third parties, including users, advertisers, affiliates and sponsors of the Site, which third party web sites are not maintained by or under the control of Circana. Circana is providing these links only as a convenience to you. Accordingly, Circana makes no representations whatsoever concerning the content, accuracy, opinions expressed, or other links provided by such other sites. Reference in this Site to any products, services, processes, hypertext links or other information, by tradename, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply Circana’s endorsement, sponsorship, affiliation, or recommendation. Circana makes no representation or warranty as to any third-party products. You agree that Circana is not responsible for the availability of, and content provided on, third party web sites. You should refer to the policies posted by other web sites regarding privacy and other topics before you use them. You agree that Circana is not responsible for third party content accessible through the Site, including opinions, advice, statements, and advertisements, and understand that you bear all risks associated with the use of such content.

Disclaimers

NEITHER CIRCANA NOR ITS LICENSORS OR AFFILIATES WARRANT OR MAKE ANY REPRESENTATIONS ABOUT VALIDITY, USE, SUITABILITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE REGARDING, THE CONTENT OF THE SITE OR ANY WEB SITES LINKED TO OR FROM THE SITE. ALL SUCH DOCUMENTS, CONTENT AND PUBLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. CIRCANA AND/OR ITS RESPECTIVE LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. CIRCANA MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. CIRCANA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. CIRCANA MAKES NO COMMITMENT TO UPDATE THE MATERIALS AND CONTENT ON THIS SITE.

Limitation of Liability

IN NO EVENT SHALL CIRCANA AND/OR ITS LICENSORS OR AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE, ITS CONTENT OR INFORMATION, THE OCCURRENCE OF ANY ERROR, DELAY, INTERRUPTION, COMPUTER VIRUS OR THE PERFORMANCE OR NONPERFORMANCE OF SOFTWARE, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION.