MRP Terms and Conditions of Use

Terms and Conditions

Thank you for your interest in MRPdata.com. The information, reports, analysis, opinions, advice, statements, data, text, graphics, links and materials provided on MRPdata.com (the “Website”) or uploaded by you, including the Uploaded Content (the “Content”), are for informational purposes only. News Canada Inc. and the Canadian Public Relations Society and each of their respective affiliates, licensors, employees, agents, contractors and suppliers (together referred to as the “Content Providers”) do not vet, verify, screen or censor the Content. The Content Providers are not involved in the actual creation or formulation of the Content and caution that inclusion of the Content on the Website does not constitute an endorsement of the accuracy, currency, completeness, legality, quality, reliability, timeliness or operability of the Content. The Content Providers are under no legal obligation to, and do not, control the Content. The Content Providers do not endorse, warrant or guarantee the Website or the Content and will not be a party to or in any way be responsible for monitoring any transaction between registrants or users of the Website and any third party providers of products or services.

You must agree to these Terms and Conditions to use the Website. By using or registering for the Website, you agree to these Terms and Conditions and the Privacy Policy contained on the Website (the “Privacy Policy”). Each time you use the Website, you reaffirm your acceptance of the then-current Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you may discontinue using the Website. You cannot use or register with the Website until you have accepted these Terms and Conditions.

The Content Providers draw your attention to the following provisions that govern your access to, registration with and use of the Website:

Modifications to these Terms and Conditions

The Content Providers may change these Terms and Conditions at any time and in their sole discretion. The modified Terms and Conditions will be effective immediately upon posting and you agree to the newly posted Terms and Conditions by continuing your use of the Website. It is your responsibility to review these Terms and Conditions regularly. The Content Providers will provide at least 30 days’ notice before any material changes to these Terms and Conditions take effect. If you do not agree with the modified Terms and Conditions, your only remedy is to discontinue using the Website and to cancel your registration.

Requirements for Use or Registration

The Website is intended for general audiences. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms and Conditions. The Website requires its users to register and provide information to the Content Providers, such as name, e-mail address, postal code (the “Registration Information”). If you register with the Website, you agree to provide accurate and complete Registration Information and you agree to keep such information current.

You will need a valid email address to use and register with the Website. You may not (1) use an email address of another person with the intention of impersonating that person, (2) use an email address of anyone else without authorization, (3) use an email address in violation of the intellectual property rights of any person or (4) use an email address that the Content Providers consider in their sole discretion as being inappropriate.

Registered User Information

The Privacy Policy explains how the Content Providers collect and use information and the choices you have with respect to such collection and use. You consent to the Content Providers using your Registration Information and other information collected by the Content Providers pursuant to the Privacy Policy.

By registering with or using the Website, you consent to the collection and use of the Registration Information and other personal information for billing purposes. Except as authorized by the Privacy Policy, the Content Providers will not transfer or release such information to any third party without your written consent.

Your Responsibility

You are responsible for all activity on your registered account on the Website. You agree to keep confidential the passwords associated with your registered account. You agree to indemnify and hold harmless the Content Providers for losses incurred by the Content Providers or another party due to someone else using your registered account or password as a result of your failure to use reasonable care to keep your registered account information or password confidential or as a result of your failure to use reasonable care while using or registering with the Website.

Communications

You are responsible for obtaining your own Internet access, including by maintaining and purchasing all telephone, computer hardware and other equipment needed for access to and use of the Website. Any telephone or other communications charges incurred by you to access or use the Website are your responsibility. If you are accessing the Website through a telephone line, please call your local telephone company to determine if such access is subject to long distance or other toll charges at your location.  Your telephone or other communications carrier, such as a wireless carrier, may charge service fees for alerts, web browsing and other services that require the use of airtime and wireless data services. It is your responsibility to confirm with your telephone or other communications carrier what fees may apply with respect to your use of or registration with the Website.

Content You May Use

The Content shall be used for internal business purposes only. These purposes may include providing templates, reports and analysis derived from the Content to your customers. Other than the foregoing, you may not copy, distribute, assign, transfer, re-sell, re-license or make derivative works of the Content.

Content You May Upload

You may upload your media related content (“Uploaded Content”) to the Website so that your own clients and other authorized users of the Website within your organization may access your Uploaded Content. You warrant and represent to the Content Providers that you have all necessary rights, including without limitation contractual, intellectual property and re-distribution rights to your Uploaded Content. If the Content Providers or the Website receives any notice or demand from any third party that your Uploaded Content or any portion of your Uploaded Content is in violation of that third party’s rights, or if the Content Providers otherwise have reasonable grounds to believe there is such a violation, then the Content Providers may, without further notice to you, remove your Uploaded Content from the Website. Should this occur, it is then your responsibility to obtain all appropriate rights for re-distribution from the third party and to satisfy the Content Providers with respect to the same.

Changes to the Service

The Content Providers have the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Website including, but not limited the Content, hours of availability and equipment needed for access, registration or use. The Content Providers have no obligation to provide you with notice of any such changes.

The Content Providers License to You

The Content Providers grant you a personal, non-exclusive, non-transferable limited license to access, register with and use the Website in accordance with these Terms and Conditions. You may not re-license, sub-license or charge others to use, register with or access the Website. The Content Providers occasionally will provide automatic upgrades, scanning and related services to improve your experience with respect to the Website, although these upgrades may not be consistent across all platforms and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning and related services.

You may not copy or modify any portion of the Website (including its source code and the Content) or use it in any way not expressly authorized by these Terms and Conditions. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from or otherwise attempt to discover any source code in the Website. You may not obtain the communications protocol for accessing the Website. Finally, you may not authorize or assist any third party to do any of the items described in this paragraph. You understand that the Content Providers’ introduction of various technologies may not be consistent across all platforms and that the performance and features offered by the Content Providers may vary depending on your computer and other equipment.

Restrictions on Access to or Use of the Website

You may access the Website only through the interfaces and protocols provided or authorized by the Content Providers. You agree that you will not access the Website through unauthorized means, such as through unlicensed user identifications. Only those users for which you have purchased licenses may access the Website, and no other users within your organization. You may only access the Website through one IP address, being the IP address of your organization. If you wish to access the Website through any other IP address, you may do so only upon written consent of the Content Providers and upon receipt by the Content Providers of any payment of additional or premium subscription fees.

You understand that sharing the Content and Registration Information in a matter not consistent with these Terms and Conditions is not authorized by the Content Providers. Such practice represents a material breach of these Terms and Conditions and can result in legal action.

Support by the Content Providers

You understand that your use of the Website is at your own risk and that the Content Providers provide support during regular business hours (ET) Monday to Friday, except on Canadian federal statutory holidays. The Content Providers are under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Website.

The Website provides audience reach data from audited, credible sources; when media is not available within these sources, users may add the data manually. The Content Providers may add appropriate data to the Website when requested. Users of the Website can request up to 20 media outlets per user per month. An additional charge of $10 per additional request will be charged for any requests beyond the 20 media outlets per user per month limit. The Content Providers will track all requests and notify users once they are nearing the 20 request limit.

No Endorsement

You may link to the front page of the Website at www.MRPdata.com. Any other link to the Website, and any linking to the pages within the Website or the Content is prohibited without the express written consent of the Content Providers. The Website may contain links to other websites, resources and advertisements. The Content Providers are not responsible for the availability of these external websites, resources and advertisements nor do they endorse, or are they responsible for, the aesthetics, appeal, suitability or quality of any content, advertising, products or other materials made available on or through such external websites, resources and advertisements. Under no circumstances shall the Content Providers be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, advertising, products or other materials available on such external websites, resources and advertisements. Your use of such external websites, resources and advertisements is at your own risk. You should direct any concerns to the administrator or webmaster of such external websites, resources and advertisements.

Disclaimer of Warranties

The Content Providers disclaim any and all responsibility or liability for the accuracy, currency, completeness, legality, quality, reliability, timeliness, operability or availability of the Content. The Content Providers further expressly disclaim (1) that the Website will meet your requirements and will be uninterrupted, error-free, timely or secure, (2) that defects or errors will be corrected, (3) that the Website or the server that makes it available are free of viruses or other harmful components and (4) that the use of, registration with or the results of such use of or registration with the Website will be correct, complete, current, accurate, timely or otherwise reliable.

The Website and the Content are provided on an “as is”, “with all faults” and “as available” basis, with no warranties whatsoever. The Content Providers expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title and non-infringement of proprietary rights. The Content Providers allow access to the Website on a commercially reasonable basis and do not guarantee that users or registrants will be able to access or use the Website at times or locations of their choosing, or that the Content Providers will have adequate capacity for the Website as a whole.

The Content Providers have no control over the quality, accuracy, correctness, timeliness, currency, reliability, completeness, truthfulness or legality of the Content and disclaim and accept no liability in relation to same whatsoever. Any reference on the Website to any third party product or service by trade name, trade-mark, hypertext link or otherwise is provided for convenience only and does not constitute or imply its endorsement or recommendation by the Content Providers.

Limitation of Liability

Your use of the Website is at your sole risk. Under no circumstances will the Content Providers be liable to you for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or losses (including without limitation interruption of activities, work stoppage, computer interruption or malfunction or loss of profits, goodwill, business, reputation, use, data, programs or any other commercial, pecuniary or economic loss or other intangible losses), whether based in contract, tort, strict liability, or otherwise, arising out of or in connection with registration with, the use of, or inability to use, the Website or any defects, inaccuracies, errors or omissions in the Content, without regard to the form of action and whether or not the Content Providers have been advised of the possibility of such damages or loss. Such limitation of liability shall apply (1) whether the damages arise from use or misuse of and reliance on the Content, from inability to use the Website, or from the interruption, suspension or termination of the Website (including such damages incurred by third parties) and (2) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. In the event some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, the Content Providers shall be limited to the extent permitted by law. If you are dissatisfied with the Website or the Content your sole and exclusive remedy is to discontinue using and accessing the Website.

Indemnification

You agree to hold harmless and indemnify, and at the Content Providers’ request defend, the Content Providers, from and against any third party claim arising from or in any way related to your use of the Content or the Website or conduct on the Website, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses and legal fees, of every kind and nature. The Content Providers reserve the right, in their sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Termination

The Content Providers have the right to terminate your user ID, your registration and your access to the Website for any reason, including, without limitation, if it, in their sole discretion, consider your use to be unacceptable, or in the event of any breach by you of these Terms and Conditions (either directly or through breach of any other terms and conditions or operating rules applicable to you). The Content Providers may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Website. In the event of termination, the Content Providers shall have no obligation to refund to you any fees paid by you to the Content Providers.

Intellectual Property

The Content and any trademarks appearing on the Website are the property of their respective owners, including, without limitation, the Content Providers. Any copying, distribution or use of the Content or such trademarks is prohibited.

Confidentiality

The Content Providers do not guarantee the confidentiality of any communications made by you via e-mail, the completion of forms or otherwise through your use of or registration with the Website.

Additional Terms and Conditions for Other Services, Other Products and Premium Services

The Content Providers may from time to time give you the opportunity to purchase, register for or subscribe to other services, other products and premium services (collectively, “Premium Services”) on the Website. You agree that your purchase of or subscription to any Premium Services will be subject to additional terms and conditions that will supplement these Terms and Conditions. You agree to abide by these additional terms and you further agree that a violation of such additional terms and conditions shall constitute a breach of these Terms and Conditions.

Your Payment Responsibilities

Details of pricing plans and pricing options are set out on the subscription page of the Website, and it is your responsibility to be familiar with such plans and options. You must select a payment method to pay for your subscription. You must give the Content Providers accurate billing and payment information and keep this information up-to-date through the “My Account” area on the Website. You agree to pay the Content Providers for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize the Content Providers to charge your designated payment method for these charges. If the Content Providers do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by the Content Providers.

You must notify the Content Providers’ customer service about any billing problems or discrepancies no later than 90 days after they first appear on your account statement. If you do not bring any billing problems or discrepancies to the Content Providers’ attention within 90 days, you agree that you waive your right to dispute such billings problems or discrepancies.

Subscription Plans

Fees charged for subscription plans, Premium Service or options are non refundable and are due within 30 days of the registration or renewal date.

Electronic Delivery Policy

The Content Providers, as an online business, transact with the users of the Website electronically. WHEN YOU REGISTER WITH THE WEBSITE, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM THE CONTENT PROVIDERS ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS OR OTHER RECORDS (COLLECTIVELY, “NOTICES”). You agree that the Content Providers generally can send you electronic Notices in either or both of the following ways: (1) to the e-mail address that you provided to the Content Providers during registration or (2) the Content Providers may post Notices on the Website. You agree that certain Premium Services may also have their own Notice procedures. You must check your designated e-mail address regularly for Notices. You must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser and Internet e-mail software in order to access electronic communications. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of these Terms and Conditions by clicking on the “Terms and Conditions” link located at the bottom of each web page of the Website. The delivery of any Notice from the Content Providers is effective when sent by the Content Providers, regardless of whether you read the Notice when you receive it or whether you actually receive the Notice. Your only method of withdrawing consent to receive Notices electronically is to terminate any, registrations, subscriptions, services or other products provided under these Terms and Conditions.

Survival

The provisions of these Terms and Conditions addressing disclaimers of warranties, limitation of liability, indemnity obligations, intellectual property, Premium Services and governing law shall survive the termination of these Terms and Conditions, your subscription to any products, services or Premium Services and your registration with the Website.

Entire Agreement

These Terms and Conditions, as amended from time to time and any operating rules for any areas of functionality of the Website constitute the entire agreement between the Content Providers and you regarding the subject matter hereof, and supersede all previous written or oral agreements. In the event of any inconsistency between these Terms and Conditions and any previous written or oral agreements, these Terms and Conditions will supersede such other previous written or oral agreements.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. These laws apply to your access, registration with and use of the Website or the Content, notwithstanding any conflicts of laws principles, your domicile, residency or physical location or the location of the offices of the Content Providers. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and Conditions and your use of the Website resides in the courts located in the Province of Ontario, Canada, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Miscellaneous

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

 

Last updated May 9, 2016