Terms and Conditions

VRMA ANALYTICS PROGRAM
TERMS OF USE

Every voting member of VRMA is eligible to participate in the VRMA Analytics Program, subject to all requirements of the Program, instructions for reporting data, and these Terms of Use. VRMA may revise these Terms of Use at any time and will so notify members via email update. By continuing to participate in the Analytics Program, a member agrees to such revisions.



Participation

Each member agrees to fully participate in the Program by reporting all data required to be reported, on a timely basis. Each member shall undertake best efforts to ensure that data provided by that member is accurate and truthful.


Ownership

The VRMA Analytics Program is licensed by VRMA (Licensor). Licensor is the exclusive owner and retains all intellectual and proprietary rights in the software and all websites associated with the program or any other means used to access the information and other proprietary information provided to the Licensee. Use of consolidated industry data, provided by the VRMA Analytics Program is pursuant to a non-exclusive, non-transferable, limited license from VRMA.



Confidentiality

It is the responsibility and obligation of each member to treat all consolidated industry data available through the Analytics Program as strictly confidential. Licensee will use the Services only for its internal business operations and will not permit the Services to be used by or for the benefit of anyone other the Licensee and its end users. Licensee will not have the right to re-license or sell rights to access and/or modify, translate, reverse engineer, decompile, create or help to create derivative works based upon the Services, and Licensee shall not by virtue of this Agreement or otherwise, acquire any proprietary rights whatsoever in the Services. Licensee agrees to use the Services in a manner that complies with all applicable laws including intellectual property and copyright laws. Such data is not to be transferred, shared, or disclosed by any member to any person not employed by the member, except that data may be provided to consultants contracted by a member, provided the consulting firm signs a comprehensive nondisclosure agreement. Licensee will not: (i) transmit or share identification or password codes to persons other than authorized users (ii) permit the identification or password codes to be cached in proxy servers and accessed by individuals who are not authorized users, or (iii) permit access to the Services through a single identification or password code made available to multiple users on a network. Participants should inform those in their company who have access to data of this policy and require that they adhere to this policy. Each member shall institute steps to ensure confidentiality and security, including practices such as shredding hard copy reports no longer needed and protecting individual passwords.


All members shall continue to be subject to these confidentiality requirements even if their membership in VRMA ends for any reason.

Legal Compliance

Each member shall use the consolidated industry data solely for legal purposes. Under no circumstances shall the Analytics Program, or data obtained through the Analytics Program, be used in furtherance of any effort to collude or conspire in a manner that unlawfully restrains trade or competition in violation of antitrust or other unfair competition laws.



Disclaimer

VRMA does not warrant or certify the consolidated industry data available under the Analytics Program, nor does VRMA make any representation as to the accuracy, completeness, efficacy, or timeliness of such information. The data available through the Analytics Program is provided "as is". To the fullest extent permissible pursuant to applicable law, VRMA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.


VRMA assumes no responsibility for consequences resulting from use of the consolidated industry data made available under the Analytics Program. VRMA is not responsible for, and expressly disclaims, all liability for, damages of any kind arising out of use, reference to, reliance on, or performance of such data, as well as for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any record.



Limitation on Liability

VRMA, its agents, contractors, officers, and directors will not be liable for any direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, or similar damages, even if any of such persons has been advised of the possibility of such damages. If, notwithstanding the foregoing, VRMA or any VRMA agent, contractor, officer, or director is found liable in any legal proceeding, its aggregate liability shall not exceed US$100.00.


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