Terms of Use

Please carefully read these Terms of Use (“Terms”), as your use of the Site (as defined below) will indicate your acceptance of these Terms.  Do not use the Site if you do not agree to be bound by these Terms. We may periodically change these Terms, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed items.

Knowledgent Group Inc. (hereafter referred to as "Knowledgent", "we", "us", or "our") provides an online tool that allows users to measure, compare and improve an organization’s big data maturity.  The tool is accessible at bigdatamaturity.knowledgent.com and any other websites (collectively, the “Site”) through which Knowledgent, in its sole discretion, makes the tool available.

These Terms will take effect when you first commence using the Site.  By using the Site, you are consenting to the information collection and use practices described here.  Knowledgent reserves the right at any time and for any reason to deny you access to the Site or any portion thereof.  

Collected Information

We collect several types of information on the Site. If you register on the Site, we collect "Personal Information", which generally speaking is information that can be used to identify you individually, such as your name and email address. We also collect "Aggregate Information", which is information about use of the Site, such as pages visited on the Site. The information we collect depends on what services you use on the Site.  For example, we may also collect information regarding your company, including number of employees, industry in which your company operates, etc.

Registration Data.  When you register on the Site, we may collect various kinds of Personal Information including your name, email address, address and phone number.  We also collect and store access information related to your account, including login and user password.

Cookies.  We use cookies to authenticate users, store user preferences, record session information, record user-specific information such as what pages users access or visit, customize web page content based on information that the user sends, and to store user names and passwords.

How We Use Your Information

Other than as outlined in these Terms, identifiable information entered into the Big Data Maturity Assessment is considered confidential, and Knowledgent will take reasonable precautions to protect such identifiable information.  We will never share your information with a third party without your permission or sell your information to any third party. 

Knowledgent may directly or through its affiliates and contractors use the information you submit through the Big Data Maturity Assessment to develop and validate the Assessment.  We may also use the information we collect to improve the content of the Site, customize its content and layout or notify users about updates to the Site.  We will also use the email address you provide to send you your assessment report and promotional materials and information relevant to big data and/or Knowledgent.

Separately, Knowledgent reserves the right to share aggregated and anonymous data from the Site with its affiliates, contractors and partners, with academics, and in publications based upon data submitted through this system. When aggregated in this way, Knowledgent will use commercially reasonable efforts to ensure that your company’s data does not appear with identifiable information or in a benchmark group with less than five other data points. Notwithstanding Knowledgent’s efforts, it is possible that partners, academics, readers or other users would be able to determine the identity of your company based on the anonymous information.

Copyright and Trademark

Unless otherwise noted, all materials on the Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Knowledgent.  All rights not expressly granted are reserved.

Personal Use

Your use of the materials included on the Site is for informational purposes only. You agree you will not reproduce, transmit, disseminate, sell, broadcast, circulate, distribute, publish, modify, display or create derivative works from or exploit the contents of the Site in any way without the express written consent of Knowledgent. You agree to indemnify, defend and hold harmless Knowledgent and any third-party data providers, from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees and court costs, that Knowledgent, its affiliates, employees and authorized representatives may incur as a result of (i) your breach of these Terms; (ii) material entered into the Site with the use of your login or password; or (iii) any and all unauthorized uses you may make of any material on the Site. You acknowledge the unauthorized use of the contents could cause irreparable harm to Knowledgent and that in the event of an unauthorized use, Knowledgent shall be entitled to an injunction in addition to any other remedies available at law or in equity.

Feedback and Submissions

You agree you are and shall remain solely responsible for the contents of any submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the Site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).

Knowledgent also welcomes your feedback and suggestions about how to improve the Site. Any ideas, suggestions, information, know-how, material or any other content (collectively, “Submissions”) received through the Site will be deemed to include a royalty-free, perpetual, worldwide, irrevocable, nonexclusive right and license for Knowledgent to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part), or act on such Submissions without additional approval or consideration, in any form, media or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive any claim to the contrary.

Links

Some links on the Site will allow you to connect with sites that are not under our control. Knowledgent is providing these links only as a convenience. The appearance of a link does not imply Knowledgent’s endorsement, nor is Knowledgent responsible for the contents of any linked site. You access them at your own risk.

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 Knowledgent has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed. Accordingly, Knowledgent and its 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. Knowledgent and its licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site.

Enforcing Security

Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For your protection, Knowledgent reserves the right to view, monitor and record activity on the Site 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 on any of the Site. Knowledgent will also comply will all court orders involving request for such information.

Anti-Hacking

You expressly agree not to:

  • use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data-mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology, or manual process having similar processes or functionality, to access, acquire, copy or monitor any portion of the Site, any data or content found on or accessed through the Site or any other content without the prior express written consent of Knowledgent;
  • obtain or attempt to obtain through any means any materials or information on the Site that have not been intentionally made publicly available either by their public display on the Site or through their accessibility by a visible link on the Site;
  • violate the restrictions in any robot inclusion headers on the Site or in any way bypass or circumvent any other measure employed to limit or prevent access to the Site or its content;
  • violate the security of the Site or attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any Knowledgent server, through hacking, password mining or any other means;
  • interfere or attempt to interfere with the proper working of the Site or any activities conducted on or through the Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Site;
  • take or attempt any action that, in the sole discretion of Knowledgent, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or Knowledgent’s infrastructure.

Disclaimer

Knowledgent does not guarantee that the functions contained in the Site will be uninterrupted or error-free, that the Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if Knowledgent is aware of them. 

Except as may be expressly provided for in these Terms, Knowledgent makes no representations or warranties with respect to the Site, the Big Data Maturity Assessment Tool and/or the results which may be obtained therefrom. 

Knowledgent disclaims all implied warranties, including, without limitation, those of merchantability, non-infringement and fitness for a particular purpose.

Limitation of Liability

WHEN PERMITTED BY LAW, NEITHER KNOWLEDGENT NOR ITS AFFILIATES WILL BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF KNOWLEDGENT AND ITS AFFILIATES FOR ANY CLAIMS UNDER THESE TERMS, REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SITE OR THE Big Data Maturity Assessment tool.

IN ALL CASES, NEITHER KNOWLEDGENT NOR ITS AFFILIATES WILL BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Choice of Law

These Terms and any non-contractual obligations arising out of or in connection herewith shall be governed by and construed in accordance with the laws of the State of New York. You hereby agree that, as a final means of settling any dispute arising under these Terms, the parties shall submit to binding arbitration conducted under the rules of the American Arbitration Association for commercial arbitration with hearings to be conducted in New York City. The proceedings may be conducted by teleconference for the convenience of any party, and the findings of the arbitrator shall be binding, final and enforceable on the parties and such findings may be reduced to judgment in a court of appropriate jurisdiction. Any cause of action you have arising out of use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. A printed version of these Terms shall be admissible in judicial or administrative proceedings.

Additional Legal Terms

These Terms constitute the entire agreement between the parties relating to the Site and supersedes any and all other agreements, oral or in writing, with respect to the Site. The failure of Knowledgent to insist upon strict compliance with any term or provision hereof shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this agreement is invalid or unenforceable under applicable law, the remaining provision will continue in full force and effect.


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