glassdata™ 

TERMS OF SERVICE 

Last updated June 13, 2023 

AGREEMENT TO OUR LEGAL TERMS 

We are Key Media & Research(“KMR,” "Company," "we," "us," "our"), a company registered in Virginia, United States at PO. Box 569, Garrisonville, VA 22463. 

We operate the website https://glassdata.keymediaresearch.com(the "Site," “GlassData™”), also accessed via http://myglassdata.com, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms")(collectively, the "Services"). 

GlassData™is a data- and insights-driven information platform forthe U.S. architectural glass and glazing industry. 

You can contact us by phone at 540-720-5584, email at glassdata@keymediaresearch.com, or by mail to P.O. Box 569, Garrisonville, VA 22463, United States. 

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and GlassData™, concerning your access to anduse ofthe Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all ofthese Legal Terms. IF YOU DO NOTAGREE WITH ALL OFTHESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICESAND YOU MUST DISCONTINUE USE IMMEDIATELY. 

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. 

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. 

We recommend that you print a copy of these Legal Terms for your records. 

TABLE OF CONTENTS 

1. OUR SERVICES 
2. INTELLECTUAL PROPERTY RIGHTS 
3. USER REPRESENTATIONS 
4. USER REGISTRATION 
5. PURCHASES AND PAYMENT 
6. CANCELLATION 
7. PROHIBITED ACTIVITIES 
8. CONTRIBUTION LICENSE 
9. SERVICES MANAGEMENT 
10. PRIVACY POLICY 
11. TERMAND TERMINATION 
12. MODIFICATIONS AND INTERRUPTIONS 
13. GOVERNING LAW 
14. DISPUTE RESOLUTION 
15. CORRECTIONS 
16. DISCLAIMER 
17. LIMITATIONS OF LIABILITY 
18. INDEMNIFICATION 
19. USER DATA 
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 
21. MISCELLANEOUS 
22. CONTACT US 

 

1. OUR SERVICES 

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability ACT (HIPAA), Federal information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA). 

2. INTELLECTUAL PROPERTY RIGHTS 

Our intellectual property 

KMRis the owner or the licensee of all intellectual property rights in our Services, including all source code, information and data, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos containedtherein (the "Marks").  

Our Content and Marks are protected by trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. 

The Content and Marks are provided in or through the Services "AS IS" for your internal businesspurpose only.  

Your use of our Services 

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license toaccess the Servicessolely for your internal business purpose. 

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded,posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

Ifyou wish to make any use of the Services, Data, Information, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to:glassdata@keymediaresearch.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services, Data, Information or Content, you must identify us as the owners orlicensors of the Services, Data, Information, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. 

We reserve all rights not expressly granted to you in and to the Services, Data, Information, Content, and Marks. 

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminateimmediately. 

3. USER REPRESENTATIONS 

By using the Services, you represent and warrant that; (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of suchinformation and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor inthejurisdiction in which you reside; (5) you will not access the Servicesthrough automated or non-human means, whether through a bot, script or otherwise; (6) you will not use theServices for any illegal or unauthorized purpose; and (7) your use ofthe Services will not violate any applicable law or regulation. 

If you provide any information that is untrue, inaccurate; not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use ofthe Services (or any portion thereof). 

4. USER REGISTRATION 

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the rightto remove, reclaim, or change a username you select if we determine; in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. 

Upon providing contact information such as email and phone number, you grant KMR the right to communicate with you via email, text message or other mediums if necessary. 

5. PURCHASES AND PAYMENT 

We accept the following forms of payment: 

• Visa 

• Mastercard 

• American Express

• Discover 

• Check 

• Wire Transfer/ACH 

You agree to provide current, complete; and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account andpayment information; including email address; payment method; and payment card expiration date, so that we can complete your transactions and contact you as needed. We may change prices at any time. All payments shall be in US dollars. 

You agree to pay all charges at the prices then in effect for your purchases and any applicable fees; and you authorize us to charge your chosen payment provider for any suchamounts upon placing your order. If your order is subject to recurring charges; then you consent to our charging your payment method on a recurring basis without requiring your priorapproval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requestedor received payment. 

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion; limit or cancel quantities purchased per person, per username and password, per household, or per order. Theserestrictions may include orders placed by or under the same customer account, the same payment method; and/or orders that use the same billing or shipping address. We reserve therightto limit or prohibitorders that, in our solejudgment, appear to be placed by research organizations, consultants or other potential competing entities. 

6. CANCELLATION 

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. 

7. PROHIBITED ACTIVITIES 

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercialendeavors except those that are specifically endorsed or approved by us. 

As a user of the Services, you agree not to: 

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permissionfrom us. 

• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. 

• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforcelimitations on the use of the Services and/or the Content containedtherein. 

• Disparage, tarnish, or otherwise harm, in our opinion, usand/or the Services. 

• Use any information obtained from the Services in order to harass, abuse, or harm another person. 

• Make improper use of our support services or submit false reports of abuse or misconduct. 

• Use the Services in a manner inconsistent with any applicable laws or regulations. 

• Engage in unauthorized framing of or linking to the Services. 

• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting ofrepetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions,operation, or maintenance of the Services. 

• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 

• Delete the copyright or other proprietary rights notice from any Content. 

• Attempt to impersonate another user or person or use the username of another user. 

• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation,clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices {sometimes referred to as "spyware" or "passive collection mechanisms" or"pcms"). 

• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services. 

• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you. 

• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services. 

• Copy or adapt the Services‘ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 

• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services. 

• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software. 

• Use a buying agent or purchasing agent to make purchases on the Services. 

• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicitedemail, or creating user accounts by automated means or under false pretenses. 

• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise. 

• Use the Services to advertise or offer to sell goods and services. 

• Sell or otherwise transfer your profile. 

8. CONTRIBUTION LICENSE 

You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings). 

Bysubmitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual propertyrights or other proprietary rights associatedwith your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for yourContributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. 

9. SERVICES MANAGEMENT 

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion,violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrictaccess to, limit the availability of, or disable (to the extent technologically feasible) any ofyour Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice,or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services. 

10. PRIVACY POLICY 

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. 

Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal datacollection, use, or disclosure that differ from applicable laws in the United States, then through your continued use ofthe Services, you are transferring your data to the United States, andyou expressly consent to have your data transferred to and processed in the United States. 

11. TERM AND TERMINATION 

These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these legal terms, we reserve theright to, in our sole discretion and without notice or liability, denyaccess to and use of the services (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, orcovenant contained in these legal terms or of anyapplicable law or regulation. We may terminate your use or participation in the servicesor delete your accountand any content or information that you posted at any time, without warning, in our sole discretion. 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of anythird party, even if you may be acting on behalf ofthethird party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, includingwithout limitation pursuing civil, criminal, and injunctive redress. 

12. MODIFICATIONS AND INTERRUPTIONS 

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation toupdate any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. 

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services,resulting in interruptions, delays, or errors. We reserve the rightto change, revise, update, suspend, discontinue, or otherwise modify the Services at any time orfor any reason. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime ordiscontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases inconnection therewith. 

13. GOVERNING LAW 

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the Commonwealth of Virginia applicable to agreements made and to beentirely performed within the Commonwealth of Virginia, without regard to its conflict of law principles. 

14. DISPUTE RESOLUTION 

Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted under the laws of and in the state and federal courtslocated in Stafford, Virginia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction insuch state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act(UCITA) are excluded from these Legal Terms. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. 

15. CORRECTIONS 

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. Wereserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice. 

16. DISCLAIMER 

The services are provided on an as—is and as-available basis. You agree that your use of the services will be at your sole risk. To the fullestextent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including,without limitation, the implied warranties of merchantability, fitness fora particular purpose, and non-infringement. We make no warrantiesor representations about theaccuracy or completeness of the services’ content or the content ofany websites or mobile applicationslinked to the services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content andmaterials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (3) anyunauthorized access to or use of our secure servers and/orany and all personal information and/or financial information stored therein,(4)any interruption or cessation of transmission to or from the services, [5] any bugs, viruses, trojan horses, or the like which may betransmitted to or through the services byany third party, and/or (6)any errors or omissions in any contentand materials or for any lossor damage of any kind incurred as a result of the use ofany content posted, transmitted, or otherwise made available viathe services. Wedo not warrant, endorse, guarantee, or assume responsibility forany product or service advertised or offered byathird party throughthe services, any hyperlinked website, or any website or mobile application featured in any banner or otheradvertising, and we will not be aparty to or in any way be responsible for monitoring any transaction between you and any third—party providers of products or services. Aswith the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercisecaution whereappropriate. 

17. LIMITATIONS OF LIABILITY 

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential,exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your useof the services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary containedherein,our liability to you for any cause whatsoever and regardless of the form of the action, willatalltimes be limited to theamount paid, if any,by you to us during the six (6) month period prior to any cause of action arising. Certain U.S. state laws and international laws do notallowlimitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the abovedisclaimers or limitations may notapply to you, and you may have additional rights. 

18. INDEMNIFICATION 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss,damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by anythird party due to or arising out of: (1) use of the Services; (2) breach of these LegalTerms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual propertyrights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense,to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. Wewill use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

19. USER DATA 

We will maintain certain data that you transmit to the Services for the purpose of managing the performance ofthe Services, as well as data relating to your use of the Services. Althoughwe perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree thatwe shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption ofsuch data. 

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that allagreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be inwriting. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices,policies, and records of transactions initiated or completed el-y us or via the services. You hereby waive any rights of requirements under any statutes,regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting ofcredits by any means other than electronic means. 

21. MISCELLANEOUS 

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extentpermissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act causedby any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of theprovision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employmentor agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue ofhaving drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to executethese Legal Terms. 

22. CONTACT US 

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: 

Attn: GlassData 

Key Media & Research 

P.O. BOX 569 

Garrisonville, VA 22463 

United States 

Phone: 540-720-5584 

glassdata@keymediaresearch.com