PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY CONTINUING TO USE THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
Welcome to Forrester.com (the "Site"), which is operated by Forrester Research, Inc. ("Forrester" or "we" or "our"). Subject to and without limiting the terms of or your obligations under any legally binding contract pertaining to the subject matter hereof ("Contract") between Forrester and you or between Forrester and your employer or a party for whom you perform services ("you and the party to any such Contract being a "Client"), by using this Site you agree to each of the terms of use set forth herein, including any additional terms and conditions applicable to specific areas or content on the Site ("Terms of Use").
Forrester reserves the right to modify these Terms of Use at any time without notice to you. Your continued use of the Site after any such changes constitutes your agreement to follow and be bound by these Terms of Use as modified.
You are permitted to access the Site, including the written text, graphics, data, images, illustrations, marks, logos, sound or video clips, photographs and/or other works (singly or collectively, the "Content") solely for your or your organization's internal information purposes. You agree to maintain all copyright, trademark and other notices on the Content. You may not copy, transmit, reproduce, publicly display, perform, distribute, alter, transmit or create derivative works of any Content or any portion of or excerpts from the Content in any fashion that is not authorized by Forrester in writing or expressly permitted in these Terms of Use.
Neither you nor your organization may use any Content or any excerpt from any Content to promote your or your organizations' products or services. External citation to the Content is prohibited without Forrester's express written permission and is subject to Forrester's Citation Policy as set forth on this Site, except that members of the press may cite to portions of the Content without Forrester's prior approval if such citation complies with the terms set forth in the Press Resources section of this Site.
The Site and all of the Content are protected by U.S. and/or international copyright laws and conventions, and belong to Forrester, its licensors or third parties. No right, title or interest in any Content is transferred to you.
You agree to use the Site and the Content in accordance with all applicable laws. You agree not to take any action that would compromise the security of the Site or render the Site inaccessible to others.
Access to certain areas of the Site is restricted ("Restricted Areas") to Forrester Clients to whom we have issued passwords. You are not authorized to access any password-restricted areas unless you have received a password from Forrester (or from your employer if your employer has been authorized by Forrester to issue such password). You may not use another person's password to access the Site.
If you are a Client, you are responsible for keeping your password confidential. You agree not to share your password with any other individuals or to otherwise allow any other individuals to access the Site or the Content through your account. You further agree not to reproduce, publicly display, perform, distribute, alter, transmit, create derivative works from or otherwise share any Content or portions or excerpts thereof from Restricted Areas with any other individuals or third parties, except as expressly provided in these Terms of Use or in your Contract. You take full responsibility for any activity that occurs through the use of your account and you agree to notify us immediately if you become aware that any other individual has accessed your account or has obtained your password.
Certain areas of the Site contain interactive services, where visitors are permitted to post content for publication on the Site. If you elect to use such interactive services, you are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Site ("User Content").
You may submit User Content so long as the content is not illegal, obscene, threatening, defamatory, libelous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You hereby grant Forrester a nonexclusive, royalty-free, perpetual, irrevocable, fully sublicensable and transferable right to exploit User Content at Forrester's discretion throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to User Content; that User Content is accurate; and that the use of User Content does not violate these Terms of Use and will not cause injury to any person or entity. Forrester takes no responsibility and assumes no liability for any User Content submitted by you or any third party. You may be exposed to User Content that you find offensive, indecent, inaccurate, misleading, or otherwise objectionable, and you bear all risks associated with using that User Content. Forrester reserves the right, but not the obligation, to monitor, edit, or remove any User Content for any reason.
Notwithstanding any language to the contrary in your Contract or any other agreement, by posting any User Content on this Site you expressly represent and warrant to us that any such User Content is not confidential or proprietary to you or Client, and your posting of such User Content does not violate any confidentiality or other obligations to which you are subject.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), Forrester has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Site (the "Designated Agent"). All such notifications relating to this Site must be submitted in a manner consistent with the DMCA to the following Designated Agent:
| Service provider: | Forrester Research, Inc. |
|---|---|
| Name of agent designated to receive notification of claimed infringement: |
Gail S. Mann |
| Full address of designated agent to which notification should be sent: |
400 Technology Square Cambridge, MA 02139 |
| Telephone number of designated agent: | (617) 613-6078 |
| Facsimile number of designated agent: | (617) 613-5078 |
| Email address of designated agent: | gmann@forrester.com |
The Content on this Site is based on Forrester's reasonable efforts to compile and analyze the best sources reasonably available to Forrester at any given time. Any opinions reflect Forrester's judgment at the time and are subject to change. You assume sole responsibility for the selection of the Content to achieve any of your intended results, and your sole and exclusive remedy for any alleged loss or damage suffered by you in connection with your use of the Site or the Content or the User Content is to discontinue using the Site.
THIS SITE AND THE CONTENT ARE PROVIDED "AS IS," AND FORRESTER DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE FURTHER DISCLAIM ALL WARRANTIES (I) RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR ANY PORTION THEREOF THAT IS MADE AVAILABLE ON THE SITE; (II) THAT THE CONTENT PROVIDED THROUGH THE SITE WILL BE FREE FROM ERRORS, OMISSIONS, DEFECTS, OR DELAYS IN OPERATION, OR FROM TECHNICAL INACCURACIES OR OTHER ERRORS; (III) THAT THE CONTENT SHALL NOT INFRINGE THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY; (IV) THAT THE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.
YOU AGREE THAT FORRESTER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LAW FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS FAILURE OR LOSS, ARISING OUT OF YOUR USE OF THE SITE, THE CONTENT OR USER CONTENT, WHETHER OR NOT FORRESTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE FURTHER THAT FORRESTER SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY YOU ARISING AS A RESULT OF RELIANCE UPON THE CONTENT, USER CONTENT OR THE SITE OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE CONTENT OR THE SITE OR INTERPRETATIONS THEREOF. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FORRESTER'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, AND THE TERMS LIMITING FORRESTER'S LIABILITY IN THIS SECTION SHALL IN ANY CASE BE INTERPRETED TO LIMIT FORRESTER'S LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.
You understand and agree that you are responsible for your use of the Site. You agree to indemnify, defend and hold harmless Forrester, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any applicable third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Content, the User Content or any violation by you of these Terms of Use.
These Terms of Use, and their validity, construction and effect, shall be governed by and enforced in accordance with the internal laws of the Commonwealth of Massachusetts without reference to the conflicts of laws provisions therein. You specifically and irrevocably consent for any claims or disputes arising out of your use of the Site or these Terms of Use to the jurisdiction of, and venue in, the federal or state courts sitting in Massachusetts.
Forrester may provide links to third-party content and other web sites on the Site. We do not endorse, sponsor, or accept any responsibility for such material. We are not responsible for the content or privacy practices of any linked sites.
