Dashboard Terms and Conditions
New Dimension Marketing & Research (NDMR) provides a range of marketing products and services for local businesses (the “Marketing Services”). The Order Form (the “Order Form”) sets forth which Marketing Services are being purchased by the client who signed the Order Form (“you” or “Client”), the costs for such Marketing Services, and other relevant details. These Online Marketing Services Terms and Conditions (“Marketing Services Terms”) are incorporated by reference into and made a part of any Order Form submitted to New Dimension Marketing & Research and govern the relationship between you and New Dimension Marketing & Research. These Marketing Services Terms also apply to any Marketing Services you may sign-up for without an Order Form, such as free trials or other limited-time offers. All Order Forms are subject to acceptance by New Dimension Marketing & Research, in its sole discretion. The Order Form, the Marketing Services Terms, and the documents and/or links referenced in such documents are together referred to as the “Agreement.”
If you are accepting on behalf of your employer or another entity, you represent and warrant that (i) you have full legal authority to bind your employer or such legal entity to this Agreement, (ii) you have read and understand this Agreement and (iii) you agree, on behalf of the Client, to this Agreement.
- Data Usage
To the extent NDMR collects personally identifiable information, it does so solely for the use of its Business Clients and the administration of the websites and Facebook-enabled apps. NDMR limits access to all personally identifiable information gathered within its organization and data is never shared outside of the company, with the exception of the specific Business Client with which you decide to engage, or to comply with governmental or legal requests. NDMR may contact you in connection with the websites and Facebook apps you engaged with and use your personally identifiable information collected from past engagements when you access or utilize NDMR applications in the future. You may also grant NDMR permissions within Facebook applications running on our platform that allow us to share your activity within our applications on the Facebook platform and post on your behalf. These permissions may or may not be required for you to participate in certain Promotions and you may revoke these permissions at any time in your Facebook privacy settings. You may request that your collected personally identifiable information be deleted from NDMR systems at any time by sending your request to [email protected]
- Your Acceptance of the Terms of Service
By visiting and/or using the Website and/or using any Facebook enabled app, you signify that you have read, understand and agree to be bound by these Terms of Service (“Terms of Service” or “Agreement”). These Terms of Service form a legally binding agreement between you and NDMR in relation to your use of the Services. It is important that you take the time to read them carefully. However, if you are not of legal age to form a binding contract with us, or you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services, then you may not use the Services and may not accept this Agreement. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post changes to these Terms of Service. Your continued use of the Website and/or the Services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, please do not use or access the Website or the Services. It is your responsibility to regularly review these Terms of Service.
- NDMR’s and Third Parties’ Websites and Services
4.1 These Terms of Service apply to all Users and Entrants of the NDMR websites and/or the Business Client services and websites, collectively, the Sites, including Users who are also contributors of user-submitted content, information, and other materials or services on the websites and/or the services.
- Website and Services Access
5.1 NDMR hereby grants you permission to use its websites and Business Client’s websites and the services as set forth in this Terms of Service, provided that: (a) your use of the services as permitted is solely for your own use and not for the purposes of resale or redistribution; (b) you will not copy or distribute any part of the website or the services in any medium without NDMR’s prior written authorization; (c) you will not alter or modify any part of the website or the services other than as may be reasonably necessary to use the website or the services for its intended purpose; and (d) you will otherwise comply with the terms and conditions of these Terms of Service.
5.2 In order to access some features of the NDMR or Business Client’s website or the services, you may have to create an account with NDMR and/or the Business Client and/or enter into a separate commercial relationship with the Business Client. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You agree not to use the website or the services to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify NDMR or the Business Client, as the case may be, immediately of any breach of security or unauthorized use of your account. Although NDMR will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as us if your account is used in violation of these Terms of Service.
5.3 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website. Notwithstanding the foregoing, NDMR grants the operators of public search engines permission to use spiders to copy materials from NDMR’s website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. NDMR reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation. You agree not to solicit, for commercial purposes, any users of the Website or the services with respect to their User Submissions (as defined below).
- Intellectual Property Rights
6.1 The content on the Website and the Services, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are either owned by or licensed to NDMR or the Business Clients, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. NDMR reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use of copying of any Content or enforce limitations on use of the Website, the Services or the Content therein.
6.2 NDMR respects the intellectual property of others, and we ask you to do the same. You, therefore, agree that any content in your User Submission that you post to the Service does not and will not violate any law or infringe the rights of any third party, including, without limitation, any intellectual property rights, publicity rights, or rights of privacy. It is important that you understand that you are in the best position to know if the content you post is legally allowed. Take the trouble to review web resources devoted to providing information about copyright and fair use. If in doubt, leave it out. NDMR may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:
(a) the electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Website;
(d) your address, telephone number, and email address;
(e) your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Notice of claims of copyright or other intellectual property infringement can be made as follows:
By email: [email protected]
6.3 NDMR’s proprietary technology has the ability to collect data other than personally identifiable information for various kinds of services it operates online. NDMR may collect information about your computer configuration, such as your browser type, operating system, or ISP domain name. NDMR may collect information about the site you last visited prior to engaging a NDMR powered website or Facebook app or about your activity during your visit to the website and/or Facebook app. This information may be used by NDMR to administer the technical and operational aspects of this site and may include using your IP address to help diagnose problems with our server. Your IP address may also be used to gather broad demographic information for aggregate use. NDMR may use a cookie, a piece of data stored on the user’s hard drive containing information about the user, to assist in performing some or all of these activities and also to limit your ability to engage with any of the services rendered through NDMR powered websites and Facebook apps, if such a restriction applies. You can set your browser to accept all, some, or no cookies. If you set your browser to reject all cookies, you may be limited in your ability to access some or all aspects of a particular service. By using the NDMR Website or engaging a NDMR powered service on Business Client’s Website, you are authorizing this data gathering activity.
- User Submissions
7.1 The Website supports the submission by you and other users of content, which may include videos, text, graphics, pictures, photos, or other communications (collectively, “User Submissions”), and also supports the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, NDMR does not guarantee any confidentiality or protection of your Content against use by third parties with respect to any of your submissions.
7.2 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize NDMR to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name and likeness of each and every such identifiable individual person included in a User Submission in order to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain your ownership rights in your User Submissions. However, by submitting the User Submissions to NDMR, you hereby grant NDMR a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, sublicensable and transferable license to use, reproduce, distribute, adapt, prepare derivative works of, translate, publish, publicly display, and publicly perform the User Submissions in connection with the Website and NDMR’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and pursuant to these Terms of Service.
7.3 In connection with User Submissions, you agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NDMR all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage NDMR or any third-party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, harmful to children, in violation of any third party’s rights or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business; (e) submit or transmit any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; (f) violates NDMR’s Acceptable Use Policy; (g) or impersonate another person. NDMR does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and NDMR expressly disclaims any and all liability in connection with User Submissions. NDMR does not permit copyright infringing activities and infringement of intellectual property rights on the Website or the Services, and NDMR will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another’s intellectual property rights. You acknowledge that NDMR and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or remove Content and User Submissions without prior notice. NDMR also reserves the right to terminate a User’s access to the Website and Services, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website and/or the Services more than twice. NDMR also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. NDMR may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
7.4 You understand that when using the Website and/or the Services, you will be exposed to User Submissions from a variety of sources and that NDMR is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NDMR with respect thereto, and agree to indemnify and hold NDMR, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
- Warranty Disclaimer
THE SITE, THE CONTENT AND THE SERVICES PROVIDED BY THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES FROM NDMR OF ANY KIND, EITHER EXPRESS OR IMPLIED. NDMR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NDMR DOES NOT REPRESENT OR WARRANT THAT SITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE CONTENT OR ANY PORTION THEREOF. While NDMR attempts to make your access to and use of the Site safe, NDMR does not represent or warrant that the Site or any Content are free of bugs, viruses, Trojan horses, or other harmful components which may be transmitted to or through the site or the services.
- Limitation of Liability
YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST NDMR, ITS AFFILIATES OR SUBSIDIARIES, THEIR BUSINESS CLIENTS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT ANY RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD-PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK. Without limitation of the foregoing, to the full extent as permitted under law, neither NDMR nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from NDMR or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions of the site, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to NDMR or any other Released Party’s records, programs or Services.
- Applicable Law and Venue
PLEASE NOTE: This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. The Site is controlled by NDMR and operated from its offices in California. You and NDMR both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and NDMR explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the State of California. Except where prohibited by applicable law, any claim, dispute or controversy arising out of or relating to these Terms; (b) the Site or Content; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site; or (d) the relationships that result from these Terms or the Site or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (1) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before this or any prior Agreement (including, but not limited to, claims relating to promotions or advertising); (3) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (4) claims that may arise after the termination of this Agreement. Those who access or use the Service from foreign jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations of that foreign jurisdiction, including, but not limited to those related to participating in contests, drawings, sweepstakes or other forms of Promotions found on the websites.
Notwithstanding any provision of these Terms, NDMR reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your right to use or access the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site or Content; (c) change, suspend or discontinue any aspect of the Site or Content; and (d) impose limits on the Site or Content.
- General Terms
12.2 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NDMR without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
12.3 Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with NDMR in connection with the Service, shall constitute the entire agreement between you and NDMR concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
12.4 No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and NDMR’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
12.5 Contact. Please contact us at [email protected] with any questions regarding these Terms.