Home Terms of Use

Terms of Use

Effective as of April 16, 2017

Please read the following Terms of Use carefully.

I. General Rules and Definitions

Marketing Research Consultants LLC, including its owners, subsidiaries, affiliates, licensors, directors, officers, managers, members, agents and employees (“MRC”), requires that all visitors to thecannatareport.com (“tcr.com”) adhere to the following Terms of Use.

By accessing or using tcr.com, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you should not use tcr.com.

In consideration of your use of any of tcr.com you represent that you are at least thirteen years old and are not a person barred from using the Website under the laws of the United States or other applicable jurisdiction.

MRC reserves the right to change these Terms of Use at its sole discretion and at any time without personal notice to you. If MRC makes a material change to these Terms of Use, MRC will update this page and post a notice on tcr.com for a reasonable period of time, and will indicate the effective date of the changes on tcr.com and at the top of this page. Your continued use of the tcr.com constitutes your acceptance of any changes.

II. Intellectual Property

(a) Ownership; License

MRC owns, operates, licenses, controls, and provides access to tcr.com. All past, present, and future information, materials, applications, software, and other contents of tcr.com are the property of tcr.com unless otherwise noted and are protected by applicable intellectual property and other laws. All trademarks, logos, service marks, trade names, and trade dress are proprietary to MRC unless otherwise noted and are protected by applicable intellectual property and other laws. Except as expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by MRC, no rights (either by implication, estoppel or otherwise) in or to tcr.com or their contents are granted to you.

The use, copying, sale, leasing, renting, lending, distribution, modification, downloading, creating of derivative works, posting or publication by you, directly or indirectly, of any of the contents of any of the tcr.com, or any other use of such content, except pursuant to the express limited grant of rights hereunder, is strictly prohibited.

Subject to your compliance with these Terms of Use, MRC grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to:

  • read content and view videos streamed from tcr.com, and participate in the tcr.com’s community areas;
  • communicate with other members of tcr.com’s community;
  • download or take screenshots of the contents of tcr.com onto a computer for your personal, non-commercial home or archival use only, provided you do not delete or change any copyright, trademark, or other proprietary notices contained therein.

(b) User Uploaded Information

TCR.com may allow you to upload or submit information, software, text, images, audio, video, and other materials to, through or on tcr.com (“User Uploaded Information”). For example, tcr.com may offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas. MRC does not endorse any User Uploaded Information and your use of any User Uploaded Information is at your own risk. MRC reserves the right, to delete, move or edit User Uploaded Information, in whole or in part, for any reason in its sole discretion. MRC undertakes no obligation to pre-screen User Uploaded Information, but may, in its sole discretion, monitor, modify, transmit over various networks, refuse, limit, move, or block access to or remove any User Uploaded Information. You agree not to accept payment for User Uploaded Information from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in User Uploaded Information.

You are solely responsible for all User Uploaded Information that you make available via tcr.com. Under no circumstances will MRC be liable to you in any way for any User Uploaded Information that you upload, post, or otherwise make available via tcr.com including, but not limited to, any errors or omissions in User Uploaded Information, or for any loss or damage of any kind incurred as a result of User Uploaded Information.

When you upload User Uploaded Information via tcr.com, you grant to MRC, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any User Uploaded Information, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind for any purposes whatsoever.

(c) Copyright

MRC reserves the right to remove any content contained in or posted to tcr.com that allegedly infringes another person’s copyright.

Notices to MRC regarding any alleged copyright infringement on tcr.com should be directed to Charles J. Cannata via email at cjcannata@cannatareport.com or via phone at (917) 514-9501. Please follow the procedures for reporting suspected infringement:If you are a copyright owner or an agent thereof and 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 MRC’s EVP and Publisher’s office with the following information:

If you are a copyright owner or an agent thereof and 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 MRC’s EVP and Publisher’s office with the following information:

a description of the copyrighted work or other intellectual property that you claim has been infringed;

A description of where the material that you claim is infringing is located on the site;

Your address, telephone number, and email address;

a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

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; and

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest

MRC’s Publisher’s Office should be contacted at the following address and phone number, respectively: cjcannata@cannatareport.com and (917) 514-9501.

III. Subscriptions, User Accounts, End User License Agreements and Additional Terms

The creation of a user account may be required for the use of certain portions of tcr.com (e.g., subscriptions, email, newsletters, competitions, forums, content downloads, promotions, etc.), and certain contents and services of tcr.com may only be accessed through purchase or paid subscription. In some instances, special terms and/or end user license agreements apply to some services, products, software, competitions or promotions offered via tcr.com.

Such terms are posted in connection with the applicable service, product, software, competition or promotion and are in addition to these Terms of Use. In the event of a conflict, the additional terms prevail over these Terms of Use. MRC may change, suspend or discontinue any aspect of tcr.com at any time and without prior notice.

You agree that any information that you provide to tcr.com shall be true and accurate and current, and you are responsible for updating such information to keep it true, accurate and current. If you create a user account with tcr.com, you accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of tcr.com using your name, user name or password in whole or in part. Personally identifiable information that may be received at tcr.com is provided voluntarily by a visitor to tcr.com and is governed by the terms of our Privacy Policy.

IV. Restrictions on Use

tcr.com is provided for lawful purposes only. By accessing or using tcr.com, you agree and warrant that in connection with your use of tcr.com you will not:

  • alter any trademark, copyright and other proprietary or legal notices contained at or in tcr.com; or
  • manipulate tcr.com in any way not intended and directed by MRC; or
  • copy or seek to copy or “rip” any audio and/or audiovisual content from tcr.com; or
  • exploit any part of tcr.com for commercial gain or undertake any commercial activity utilizing the contents of tcr.com without the prior written consent of MRC, including, for example, inserting your own or a third party’s advertising, branding or promotional content into any of tcr.com’s contents, materials or services; or
  • upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public;
  • any material that is false, unlawful, threatening, tortuous, disparaging, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, harassing, or that promotes violence, racial hatred, terrorism, or illegal acts, or anything that in MRC’s sole discretion is otherwise objectionable; or
  • information, software, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right; or
  • material of any kind that restricts or inhibits any other user’s uninhibited use and enjoyment of tcr.com or interferes with, overburdens, impairs or disrupts tcr.com, including material that contains a virus, Trojan horse, time bomb, worm, spyware, adware, malware, bot, any automated system, such as scripts, or any other harmful component; or
  • any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation; or
  • use or attempt to use another person’s information, account, password, service or system except as expressly permitted; or
  • impersonate another person or entity; or
  • engage in any conduct that in MRC’s sole discretion restricts the ability of any other person to enjoy the use of any of tcr.com; or
  • solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users.

V. Termination

You may terminate your account by submitting a termination request via email at  cjcannata@cannatareport.com MRC reserves the right to restrict, suspend, deny or terminate access to all or part of any of tcr.com and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of these Terms of Use may be referred to law enforcement authorities.

VI. Third Party Content and Linked Sites

Third parties may provide some of the content of TCR.com. MRC makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content supplied by third parties and will not be liable for any lack of the foregoing.

In addition, third parties may offer goods, services and other materials to you on tcr.com. Such dealings are solely between you and the third party. MRC will not be responsible for any loss or damage of any sort incurred as the result of any such dealings. Under certain circumstances, MRC may permit third-party users to upload content, in which event you, at your own risk, may be exposed to offensive, indecent or objectionable content. Descriptions of, or references to products, services or publications within tcr.com do not imply endorsement by MRC of that product, service or publication.

tcr.com may include links to other sites that are not maintained by MRC. MRC is not responsible for the content of those sites, does not endorse those sites, and makes no representations whatsoever concerning the content or accuracy of such other sites. If you decide to access any third party site linked to tcr.com, you do so entirely at your own risk, and you may be exposed to offensive, indecent or objectionable content. MRC shall have no liability for any loss or damage arising from your use of any such site.

VII. Disclaimer; Restriction of Liability

tcr.com and their contents are provided “as is” and “as available.” To the fullest extent permissible by applicable law, MRC disclaims all warranties of any kind either expressed or implied, including any warranties of merchantability, non-infringement and fitness for a particular purpose.

MRC will not be liable for any damages or injury caused by any use of tcr.com or any materials or software, including but not limited to, any failure of performance, error, omission, interruption, delay in operation or transmission, computer virus, or line failure due to, arising out of or otherwise attributable to the use of tcr.com. MRC will not be liable for any damages or injury, including but not limited to, any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to:

  1. the Website or User Uploaded Information;
  2. the use of, inability to use, or performance of tcr.com or any of the contents or features thereon;
  3. any action taken in connection with an investigation by MRC or law enforcement authorities regarding your use of tcr.com or the contents thereof;
  4. any action taken by or in connection with copyright owners;
  5. any errors or omissions in tcr.com’s technical operation, whether in an action of contract, negligence, strict liability tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the Website).

VIII. Jurisdiction

MRC controls and operates tcr.com and makes no representation that the contents of tcr.com are appropriate or available for use outside of the United States. If you use tcr.com from a location outside the United States, you are responsible for compliance with applicable U.S. and local laws, including export and import laws.

IX. Miscellaneous

These Terms of Use and the interpretation of these Terms of Use shall be governed by and construed in accordance with the laws of New Jersey, without regard to conflicts of laws provisions. You irrevocably submit to the exclusive jurisdiction of the federal and state courts located in Sussex, New Jersey, for all matters involving you and MRC.

If any part of these Terms of Use is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

These Terms of Use and any applicable end user license or similar agreements contain the entire agreement between the parties relating to tcr.com.

Nothing in these Terms of Use is intended to confer on any third party any benefit or any right under any legislation in any country to enforce the provisions of these Terms of Use.