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Terms of use

 These Terms of Use state the terms and conditions under which you may use this website and the Services, which are the property of Tymans Group BV. ("TY"). Your use of this site and the Services constitutes acceptance of these Terms of Use.
  1. General Use Restrictions

TY services, advice, materials, products, websites, and networks (collectively the "Services") are to be used for the User (meaning a named individual user that uses the publicly available Services or is authorized by TY in a service agreement to use the Services that require paid access) use and benefit only pursuant to the terms and limitations of the paid subscription and may not be disclosed, disseminated or distributed to any other party, except as TY otherwise agrees in writing. The User will not circumvent any encryption or otherwise gain access to Services for which the User has not been expressly granted the appropriate rights of access.

The User will not use the Services for or knowingly transmit to TY or upload to any TY site or network any illegal, improper, or unacceptable material or use them for illegal, improper, or unacceptable practices, including without limitation the dissemination of any defamatory, fraudulent, infringing, abusive, lewd, obscene or pornographic material, viruses, trojan horses, time bombs, worms, or other harmful code designed to interrupt, destroy, or limit the functionality of any software, hardware or communications equipment, unsolicited mass email or other internet-based advertising campaigns, privacy breaches, denial of use attacks, spoofing, or impersonation.

  1. Copyright

The Services are © Tymans Group BV. All rights reserved.

The Services are owned by and copyrighted by TY and other parties and may contain trademarks of TY or others. They are protected by Canadian, US, and international copyright and trademark laws and conventions.

User may use the Services solely for his or their own information purposes pursuant to the terms and limitations of the paid subscription. The User may download any of the Service's tools or templates for his or her individual use but may not distribute any articles, tools, templates, or blueprints internally, subject to the exceptions below. The User may create derivative works from the Service's tools or templates and distribute these for internal use but may not distribute these derivative works externally for any commercial or resale purposes.

Any other reproduction or dissemination of the Services in any form or by any means is forbidden without TY's written permission, and without limiting the generality of the foregoing, the User will not:

  • A. record and re-transmit the Service over any network (including any local area network), except as otherwise stated above;
  • B. use any Service in any timesharing, service bureau, bulletin board, or similar arrangement or public display;
  • C. post any Service to any other online service (including bulletin boards or the internet);
  • D. sublicense, lease, sell, offer for sale or assign the Service; or
  • E. use TY's name or any excerpts from the Services in the promotion of its products or services.
  1. Users

Users must be authorized to use the Services by TY. Users must maintain and protect the confidentiality of any password(s) and are responsible for ensuring that the passwords are effective. Users shall advise TY immediately if they discover that their password has been compromised at the following number: 1-888-670-8889. If you are an organization that is party to a service agreement with TY, references in these Terms of Use to "User(s)" include you, and you are responsible for compliance by named individual Users within your organization with these Terms of Use.

  1. User Perspective

For the benefit of all Users, TY's research services include the ability for Users to (i) participate in the creation of research by contributing User perspectives for publication on TY's websites and (ii) participate in industry-specific community groups and other forums by contributing discussion posts. All such contributions are voluntary with the full consent of the User. If your account is used to contribute content to TY's websites (collectively, "User Contributions"), you agree to accept sole responsibility for those User Contributions, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video, and photographic) therein. To the extent Users contribute any feedback to TY (as User Contributions or otherwise), TY may use that feedback to assess, improve, and market its products. To the extent Users contribute to research, TY may incorporate those contributions within the research Services without the necessity of attribution. You grant us and our affiliates a worldwide, irrevocable, royalty-free, nonexclusive license to use, reproduce, create derivative works of, distribute publicly display, and publish User Contributions. You agree you will not attempt to enforce any so-called "moral rights" in User Contributions against us or our affiliates.

By using TY's research services, you agree that none of your User Contributions will:

  • Infringe on the intellectual property, trade secret, privacy, publicity, or other rights of others;
  • Contain false statements or misrepresentations that could damage TY or any third party;
  • Include obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, sexually-oriented, profane, or embarrassing material, as determined by TY in its sole discretion;
  • Be illegal or otherwise objectionable;
  • Contain the personal information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
  • Encourage or facilitate insider trading or anti-competitive behavior;
  • Include commercial advertisements or solicitations; or
  • Purport to or actually provide legal or professional advice.

BecauseTY's Web sites are available to the public, User Contributions on TY's Web sites are not Confidential Information.

Although you are solely responsible for the content you provide, and we do not have a policy of reviewing or monitoring all User Contributions, we reserve the right to pre-screen and/or monitor User Contributions. If we become aware of User Contributions that violate these Terms of Service or that we believe to be otherwise objectionable, we may reject or delete them or take other action without notice to you and at our sole discretion.

If you believe that any User Contributions appear to violate these Terms of Service, or if you believe any other user is engaged in illegal, harassing, or objectionable behavior, please contact us.

  1. Non-Disclosure of Confidential Information

In these Terms of Use, "Confidential Information" means information of a commercially sensitive or proprietary character that is marked as confidential or that a reasonable person would understand to be confidential. The "Disclosing Party" is the party disclosing Confidential Information, and the "Receiving Party" is the party receiving Confidential Information. However, Confidential Information does not include information that:

  • was in the public domain at the time of communication to the Receiving Party or is later placed in the public domain by the Disclosing Party;
  • entered the public domain through no fault of the Receiving Party subsequent to the time of disclosure hereunder to the Receiving Party;
  • was in the Receiving Party's possession free of any obligation of confidence prior to disclosure hereunder; or
  • was developed by employees or agents of the Receiving Party independently of and without reference to any Confidential Information.

The Receiving Party shall not disclose, publish or communicate the Confidential Information to any third party without the prior written consent of the Disclosing Party. However, the Receiving Party may disclose the Confidential Information to a third party who has a need to know the Confidential Information and (i) is an accountant, attorney, underwriter, or advisor under a duty of confidentiality; or (ii) is under a written obligation of confidentiality at least as restrictive as this Agreement and to the extent required by law.

TY may create or use anonymized data for purposes such as benchmarking, analytics, and other good-faith business purposes. Anonymized data is not the Confidential Information of Users.

  1. Term

Many of the Services are "subscription" services that have a fixed Term and must be renewed in writing at the end of the term for services to continue. The contractual term of membership is generally one (1) to three (3) years in length and is agreed to by the parties in writing. Workshops purchased as part of membership expire without refund or credit at the end of the membership period covered by the purchase. Workshops purchased outside membership expire without refund or credit one (1) year after purchase. TY may terminate a User's access at any time if the User or the entity paying for the User's access violates the terms of use or subscription or any other agreement with TY.

  1. Cancellation

As the Services are paid in advance for a committed membership term, a service agreement or membership cannot be terminated by a User for convenience during a contractual term.

  1. Changes

TY strives to innovate. TY may update, upgrade or otherwise change or discontinue content, features, or other aspects of its Services. TY will not make changes that cumulatively degrade the quality of a paid subscription to the Services. TY also reserves the right to change the terms and conditions applicable to your use of the Services unless TY has otherwise agreed in a service agreement. Use of the Services after such changes shall be deemed to be acceptance by the User of such changes. These terms were last revised on June 8, 2022.

  1. Accuracy of Information and Warranty

The information contained in the Services has been obtained from sources believed to be reliable, but TY does not warrant the completeness, timeliness, or accuracy of any information contained in the Services. The Services are intended to: help identify business risks; provide insights based on industry research; and help you focus on certain matters which may be affecting your business. TY does not provide legal, accounting, or other professional advice, nor should any advice from TY be construed as such. We encourage you to seek professional advice whenever necessary.

TY expressly excludes and disclaims all express or implied conditions, representations, and warranties, including, without limitation, any implied warranties or conditions of merchantability or fitness for a particular purpose, to the extent allowable by law.

Although TY takes reasonable steps to screen Services for infection by viruses, worms, Trojan horses, or other code manifesting contaminating or destructive properties before making the Services available, TY cannot guarantee that any Service will be free of infection.

User assumes sole responsibility for the selection of the Services to achieve its intended results. The opinions expressed in the Services are subject to change without notice.

TY does not endorse third-party products or services. TY assesses and analyzes the effectiveness and appropriateness of information technology in the context of a general business environment only unless specifically hired by a User to assess in the context of their own environment.

  1. Limitation of Liability

In no event is TY liable for any special, indirect, consequential, incidental, punitive, or other damages however caused, whether in contract, tort, negligence, strict liability, operation of law, or otherwise (including without limitation damages for lost profits, business interruption or loss arising out of the use of or inability to use the Services, or any information provided in the Services, or claims attributable to errors, omissions or other inaccuracies in the Service or interpretations thereof), even if TY has been advised of the possibility of such damages. TY's total liability shall in no event exceed the amount paid by the User for the Service in question.

The User acknowledges that TY has set its prices and sold the Services to it in reliance on the limitations of liability and disclaimers of warranties and damages set forth herein and that the same form a fundamental and essential basis of the bargain between the parties. They shall apply even if the contract between the User and TY is found to have failed in its fundamental or essential purpose or has been fundamentally breached.

  1. Links to Third-Party Sites

Any third-party sites that are linked to the Services are not under TY's control. TY is not responsible for anything on the linked sites, including without limitation any content, links to other sites, any changes to those sites, or any policies those sites may have. TY provides links as a convenience only, and such links do not imply any endorsement by TY of those sites.

  1. Investment Advice

The Services are not intended to be used for the purpose of, or as a basis for, making investment decisions or recommendations with respect to securities of any company or industry, and TY assumes no liability for decisions made, in whole or in part, on the basis of any information contained in the Services.

  1. Governing Law

This site and any service agreement are governed by the laws of the Province of Ontario, Canada, excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against TY shall take place in the courts of the province of Antwerp, Belgium. The parties attorn to the non-exclusive jurisdiction of the courts of Ontario.

  1. Entire Agreement

These standard terms of use, together with any service agreements and statements of work signed by the parties, contains the complete and exclusive statement of Agreement between the parties and supersedes all purchase order terms and conditions, understandings, proposals, negotiations, representations, or warranties of any kind whether written or oral.

  1. Privacy

A User's right to privacy is of paramount importance to TY. See our Privacy Policy for more detail. The identity of our research clients is not considered personal or confidential information, and we may disclose that information for promotion and marketing purposes.

  1. Contact Information

Attn: General Counsel

legal@tymansgroup.com

(US): 1-917-473-8669

(BE): 32-468-142-754

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