CATEGORY FORESIGHT REPORTS
1. ABOUT FORESIGHT REPORTS. The reports available via this Site are provided by Fiddlehead Technology Inc. (“Fiddlehead” or “We” or “Us”). These reports may include retail category reports which are standard reports of licensed data which covers manufacturers for an industry (each a “Category Foresight Report”) and customized reports developed by Fiddlehead for a specified entity which contain customer-specific data and analysis (each a “Custom Category Foresight Report”), together “Category Foresight Reports, Custom Category Foresight Reports and any other report offered by Fiddlehead pursuant to these Terms are known as “Data Products”. We may also partner with other companies (“Suppliers”) or affiliates (“Fiddlehead Affiliates”) to provide Data Products to you or sell you a Product provided by a Supplier or Fiddlehead Affiliate. You, the Person visiting and utilizing this Site, are referred to as “You”, “Your” or the “Purchaser”.
2. REGISTRATION. In order to purchase Data Products, You must provide billing information to complete your transaction and to enable the selected Data Product(s) to be made available by Us to You. You may also choose to complete the registration process to create an account on the Site. If you do register for an account You acknowledge and agree that We will use Your personal data for the purposes of administering Your account and providing information to you regarding the Site and Data Products. If You are an agent or employee of another entity, you represent and warrant that, (i) the individual accepting these Terms is duly authorized to accept these Terms on such entity’s behalf and to bind such entity; and (ii) such entity has full power, corporate or otherwise, to enter into this agreement and to perform its obligations hereunder. You further agree to abide by all of the terms and conditions concerning Your use of the Data Products, including any specific terms and conditions contained within particular Data Products that You purchase. If You register for an account on the Site, You must also establish a user identification, password and personal identification number and You agree to keep them strictly confidential and not to share them with others.
3. AUTHORIZATION. As needed to provide Data Products to You and to manage Your account (if You have created one), You authorize and instruct Us to collect, use and store Your personally identifiable information. By placing Your order, You acknowledge and agree that Your access to the Data Products is subject to Our approval of Your order. As such, You understand and agree that by submitting Your order, You expressly consent to receive all communications regarding Your purchases and subscription to our Site electronically, either by e-mail or by notices posted on the Site and You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to You by Us in writing is satisfied by such electronic communication. In order to ensure Your continuing access to Data Products, You agree to update Your email address on file whenever Your email address changes. You further acknowledge that we may send You e-mails which include notices about Your account as well as information pertaining to the Products.
4. FEES AND PAYMENT TERMS. All sales of Report Products are final, and You will not be entitled to a refund for any Report Product once it is delivered to You. By placing an order for a Data Product, You agree to pay for the Data Products in U.S. dollars, using the payment method provided at the time of registration. Your payment information is not stored by Fiddlehead after completion of your transaction and is used as
session data only.
5. DELIVERY OF REPORTS. The Data Products offered through this Site are one-time reports and delivered electronically via the Internet. Purchased Data Products will be accessible online for a period of thirty (30) days from the date of Your order. If You would like to be able to use a purchased Data Product beyond the 30 day period that it is available online, You must either save a downloaded digital copy or print it within the 30 day period.
6. CHANGES TO PRODUCTS, PRICING, AND TERMS; TERMINATION. We may change prices for Data Products at any time and new prices will apply to future purchases only. We may modify or discontinue any of the Data Products or cancel, suspend or terminate this Agreement for any reason with or without notice. If we do cancel this Agreement or any Data Product You have purchased, We will give You a full refund for any Data Products purchased but not yet provided.
7. IMPORTANT DISCLAIMERS ON DATA PRODUCTS. Fiddlehead endeavours to provide accurate and reliable information and insights. Data Product are provided in good faith based on Nielsen’s syndicated data available at the time the report was generated. Fiddlehead does not guarantee or warrant the accuracy, reliability, completeness or currency of the information in a Data Product or its usefulness in achieving any purpose. Accordingly all information in a Data Product is provided “as is”, without warranty of any kind, express or implied, including, but not limited to any warranties of performance, merchantability, merchantable quality or fitness for a particular purpose. In no event will Fiddlehead, or its partners, suppliers, employees or agents, be liable to You, the recipient organization or anyone else for any loss, damage, cost or expense of any kind, including any consequential, special or similar damages, arising in connection with results obtained from the use of this information, any decision made or action taken in reliance on a Data Product or any information contained in a Data Product.
7.1 Category Foresight Reports. Although Category Foresight Reports are based on Nielsen’s syndicated data which contains references to specific brands and manufacturers, they do not include any custom groupings of product segments, brands or geographies that represent a specific view of the date to the recipient organization.
7.2 Custom Category Foresight Reports. Custom Category Foresight Reports are reports which are based on a manufacturer’s custom Nielsen database and may include bespoke groupings of product segments, brands or geographies that represent a specific view of the data that a manufacturer wishes to use. Key account information pertaining to individual retailers may also be available. Any non-public data incorporated into f this type of report will be treated as confidential and only used by Fiddlehead for the purpose of analysis and generating the Custom Category Foresight Report for You. Please note that all Custom Category Foresight Reports are provided subject to the condition that they shall not, in whole or in part, by way of trade or otherwise, be copied, modified, distributed, re-sold, lent or otherwise circulated outside of the recipient organization without the prior written consent of Fiddlehead. The information contained in these reports is intended to report and provide customized retail insights for the internal use of the recipient organization, who accepts full responsibility for its use. The information in a Custom Category Foresight Report will include recommendations but it is always the recipient organization’s choice and obligation to determine whether or not to take certain actions based on those recommendations. Fiddlehead will not be liable for any act or omission by a recipient organization in connection with the use or failure to use any recommendations. The data on which Custom Category Foresight Reports are based is derived from Fiddlehead’s licensors which includes data specific to the recipient organization for which this form of report has been generated. Such raw data is provided under license and is processed, handled and stored by Fiddlehead in accordance with the requirements of the licensors as well as in accordance with all applicable laws.
8. FIDDLEHEAD IP. The Data Products as well as information, materials, text, graphics, images, logos, site design, and the selection, assembly, and arrangement of the Site are protected by applicable Canadian copyright and trade-mark laws, as well as by the copyright and trade-mark laws of other countries. Content cannot be altered without infringing on Our rights, including without limitation Our moral rights. As such, You may not remove, alter or cover any copyright or other proprietary notices placed on this site or on products or related content acquired through this Site. We, collectively or individually, retain ownership of all intellectual property rights in this Site, including without limitation the content made available through the Site. For the avoidance of doubt, the content on the Site may not be copied, distributed, displayed, modified, reproduced, performed, published or reverse engineered in whole or in part without Our prior written permission.
9. LIMITATION OF LIABILITY. All content found or accessed on this Site is provided on an “AS IS” basis and without warranties of any kind, either expressed or implied. We completely disclaim all liability arising from the use of the content contained on this Site by You. Further, and without limiting the generality of the foregoing, in no event shall We be liable for any direct, indirect, incidental, consequential or special damages, losses, claims or expenses arising out of the use of the information herein, or in any way connected with access to or use of the Site. Without limiting the foregoing, We do not represent or warrant that the use of the Site and, including the browsing and downloading of any Content, will be free of viruses, Trojan horses, worms or other destructive or disruptive components. You acknowledge and agree that is it up to You to ensure that you have a complete and current backup of the information contained on your computer system prior to using the Site and that You will take reasonable precautions to scan for computer viruses, worms, Trojan horses, and other items of a destructive nature when using this Site.
11. If you have any questions about these Terms, please contact us at: firstname.lastname@example.org.
Last Revised: March 13, 2018