Terms and Conditions

Acceptance.

Tamr, Inc. (Tamr) owns and operates the website https://www.tamr.com (the Site). The Site, all of the materials, white papers, documents, text, images, graphics, videos, webinars, blogs and other information and content included or available at the Site (Content), and all of the services (if any) available at the Site, are collectively referred to as the Service).

The Service is offered and provided subject to acceptance without modification of all of the terms and conditions contained herein (Terms of Use). The Terms of Use shall be deemed to include all other operating rules, conditions, policies and procedures that are referred to herein or that may otherwise be published, from time to time, by Tamr at the Site (collectively, Policies), including without limitation, the Privacy Policy.

The Service is offered only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Service. Tamr may refuse to provide the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.

if you do not agree to all of these Terms of USE, or if YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, then do not REGISTER FOR, access or use the Service. COMPLETING any REGISTRATION OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE SERVICE WILL CONSTITUTE ACCEPTANCE OF, AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY, ALL OF THESE TERMS OF usE, WITHOUT MODIFICATION.

Tamr reserves the right, at its sole discretion, to update, modify or replace the Terms of Use (including any policy), in whole or in part, at any time. Tamr will use reasonable efforts to notify you of any material change in advance of the effective date of any change. Change notices may be communicated by postings at the Site, e-mail or otherwise. In any case, you should periodically check the policies and other Terms of Use for changes. Continued access or use of the Service following any change to the Terms of Use constitutes your acceptance of those changes. The Terms of Use may not otherwise be amended, as they apply to you, except by a written agreement executed by you and Tamr.

Tamr may modify, suspend or terminate the Site or other aspect of the Service, in whole or in part, at any time.

Registration.

From time to time, at its sole discretion, Tamr may make all or any part of the Service available only to registered users (such as, for example, to register for a web event, or to subscribe or gain access to various information resources concerning Tamr’s products, services, user groups and business). You may elect to register or not, at your discretion. Our registration process may require you to provide your first and last names, company name, address, telephone number, email address and certain additional information (such as, for example, your preferred contact method, and products or markets that may be of interest to you), which is referred to as Registration Data.

Privacy.

Tamr’s current Privacy Policy is available at https://www.tamr.com/privacy, which is incorporated by this reference. The Privacy Policy then in effect will apply to any and all use of the Site and other aspects of the Service. Tamr will not intentionally edit, modify, delete or disclose your personally identifiable Registration Data in connection with operating the Service, unless (a) reasonably necessary for Tamr (or its service providers) to operate the Service, (b) to communicate with you, (c) otherwise permitted under the Privacy Policy or elsewhere in the Terms of Use, (d) Tamr reasonably believes that such action is necessary to conform or comply with any legal, regulatory, law enforcement or similar requirement or investigation, to protect or defend the rights or property of Tamr or any third party or to enforce the Terms of Use or (e) otherwise authorized by you.

SaaS Portal.

Tamr operates the Site and other aspects of the Service primarily for informational purposes. In particular, the Service is intended to publicize, market and promote Tamr and its products and services and, in some cases, the products and services of certain of our technology partners. In addition, the Site includes a gateway (the SaaS Portal) through which users may log-in and access Tamr’s business application software products, which are offered and hosted by Tamr on a software-as-a-service basis (the SaaS Products). The SaaS Products are not generally available to all users. The SaaS Products may only accessed and used by authorized employees of Tamr’s customers after executing a separate written agreement with Tamr (the SaaS Agreement). Once logged-in, all access and use of the SaaS Products shall be governed exclusively by the terms and conditions of the applicable SaaS Agreement, not the Terms of Use. To the extent that any provision in the Terms of Use is inconsistent with or conflicts with any provision of any SaaS Agreement, the provision of the SaaS Agreement shall control.

Rules and Conduct.

All Content and other aspects of the Service are provided only for use by you for internal business purposes. Any unauthorized use of the Service, including without limitation, any external commercial use (such as, for example, resale to third parties), is expressly prohibited.

As conditions of your use, you agree: not to use the Service for any purpose that is unlawful or prohibited by the Terms of Use, or any other purpose not reasonably intended by Tamr; to abide by all applicable local, state, national and international laws and regulations; and not to provide Tamr with any confidential or proprietary information that you desire or are required to keep secret.

By way of example and not limitation, you agree not to take any action that, directly or indirectly, involves the Service, and which:

  • is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another’s privacy, tortious, obscene, pornographic, profane or which otherwise violates the Terms of Use;
  • infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any person or entity;
  • discovers or reveals any personal information about another individual, including another person’s registration information or any other information that could be used to track, contact or impersonate that person;
  • constitutes unauthorized or unsolicited advertising, or junk or bulk e-mail (“spamming”);
  • imposes an unreasonable or disproportionately large load on Tamr’s computing, storage or communications systems and networks;
  • attempts to bypass or gain unauthorized access to the SaaS Portal, SaaS Products, Site or other aspect of the Service (including its underlying technology platform), or another person’s registration information, accounts, computer systems or networks connected to the Service, through password mining or otherwise;
  • contains software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Tamr or any third party;
  • registers for or creates user accounts by any automated means or under false or misleading pretenses, including by the use of a false, misleading or disguised e-mail address;
  • harvests, scrapes or collects any information from the Service;
  • uses any script, bot or other automated means that only simulates compliance with the Terms of Use or other requirement applicable to the Service; or
  • impersonates any person or entity, including any employee or representative of Tamr or any technology partner.

Tamr may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to strictly conform with any provision in this provision or elsewhere in the Terms of Use.

Tamr has no obligation to monitor the Service or any use thereof. However, Tamr reserves the right at all times and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental (including law enforcement) request.

The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under Tamr’s control, and you acknowledge that Tamr is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Tamr or any association with its operators.

Proprietary Rights.

The Site, Content and other aspects of the Service (and the underlying technology platforms) are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and Tamr (and its applicable affiliates, licensors and technology partners) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by Tamr, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any part of the Service or Content. However, unless the Service states or implements a different restriction, you may download, reproduce or transmit a reasonable number of copies of Content for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Your systematic retrieval of data or other Content to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without Tamr’s express prior written permission.

Reproducing, copying or distributing any Content, or any design elements from the Site, for any other purpose is strictly prohibited without Tamr’s express prior written permission. Attempting to access or use the Service or Content for any purpose not expressly permitted in the Terms of Use is prohibited.

Feedback License.

If you provide Tamr with any idea, recommendation or other suggestion regarding possible corrections, improvements or extensions related to the Site, Content or other aspects of the Service or the SaaS Portal or SaaS Products (collectively, Feedback), in any form or by any means (whether through the Service, or by direct communication (e.g., e-mail) with Tamr or any of its officers, directors, employees, representatives, agents or technology partners), then you:

  • represent and warrant that the Feedback does not include your own or any third party’s confidential or proprietary information; and
  • acknowledge and agree that Tamr is under no obligation of confidentiality, express or implied, with respect to the Feedback; and
  • agree to grant and do hereby grant to Tamr and its affiliates and licensees a non-exclusive, transferable, perpetual, irrevocable, royalty-free, worldwide right and license to use, modify and make derivative works of the Feedback, in any manner, in any media and for any purpose, and to permit third parties to do the same.

User Generated Content.

At this time, the Service does not provide functions that permit users to cause or control the uploading, posting or transfer of content, messages or other information (collectively, User Content) to the Site or other users.

In the future, if the Service is modified to permit you to upload, post, transfer or otherwise disclose or distribute User Content of any kind at the Site or using the Service, then you:

  • agree to grant and do hereby grant to Tamr, its affiliates, licensees and assigns a non-exclusive, transferable, perpetual, irrevocable, non-exclusive, royalty-free right and license (with right to sublicense), in all media (now known or hereafter developed), to use, reproduce, publicly display, publicly perform, adapt, collect, modify, delete from, distribute, transmit, promote and make derivative works of User Content for the purposes of offering, providing, operating, marketing and promoting Tamr, the Site and Service (including without limitation, being exported under content sharing arrangements with technology partners); and
  • represent and warrant to Tamr that all User Content includes appropriate attribution to the copyright owner, and that you own or otherwise control all rights to the User Content and that disclosure and use of the User Content by Tamr (including without limitation, by publishing at the Site) will not infringe or violate the rights of any third party; and
  • acknowledge that the User Content will be made available to and used by Tamr and other users, and will not be treated confidentially.

Tamr may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. You may discontinue using the Service at any time.

Upon any termination, all rights and obligations of the parties under the Terms of Use shall cease, and you shall immediately stop accessing and using the Service and Content, except that all obligations that accrued prior to the effective date of termination and all remedies for breach of the Terms of Use shall survive, and the provisions of those sections of the Terms of Use that should reasonably be understood to continue in effect shall survive (including without limitations, the sections entitled Proprietary Rights, Feedback License, No Warranties, Limitation of Liability and Indemnification).

No Warranties.

THE SITE, CONTENT AND ALL OTHER ASPECTS OF THE SERVICEARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE SITE, CONTENT AND ALL OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF ACCURACY, INTEGRATION, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TAMR AND ITS AFFILIATES, LICENSORS AND TECHNOLOGY PARTNERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. USE OF THE SERVICE AND CONTENT IS SOLELY AT YOUR OWN RISK.

ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY SAAS PRODUCT SHALL BE, IF AT ALL, ONLY AS EXPRESSLY AGREED IN THE SAAS AGREEMENT BETWEEN TAMR AND THE APPLICABLE CUSTOMER.

Limitation of Liability.

IN NO EVENT SHALL TAMR (OR ITS AFFILIATES, LICENSORS AND TECHNOLOGY partners) BE LIABLE CONCERNING ANY SUBJECT MATTER related to the SITE, content OR OTHER ASPECTS OF THE service, regardless of the form of any claim or action (whether in CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERwise), for any (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY of data, loss or interruption OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGies, GOODS or SERVICEs, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) damages, IN THE AGGREGATE, in excess of Amounts YOU PAID TO TAMR FOR THE SERVICE OR US $100, WHICHEVER IS GREATER, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

You agree to (a) defend Tamr, its affiliates, licensors and technology partners, and their officers, directors, employees, contractors and representatives (Indemnitees) against any action, suit or claim by any third party that arises out of your use or misuse of the Service or your breach of any of your representations, warranties or covenants under the Terms of Use and (b) indemnify the Indemnitees for liabilities (resulting from settlements or judgment awards) and costs and expenses (including without limitation, reasonable attorneys’ fees) related to such claims. In addition, Tamr reserves the right to assume the exclusive defense and control of any matter subject to the foregoing indemnity, in which event you will assist and cooperate with Tamr in asserting any available defenses.

International Use.

You hereby expressly consent to the transmission, collection, storage, processing and use of your Registration Data within, from and to the United States, in addition to the country where you are located (if not the United States). Tamr makes no representation that the Service is accessible, appropriate or legally available for use in locations outside the United States, and accessing and using the Service is prohibited from territories where doing so would be illegal. If you access or use the Service from other locations, then you do so at your own initiative and risk and are solely responsible for compliance with local laws.

Dispute Resolution.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use (including any Policy) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Tamr agree that any claim or cause of action arising out of or related to the Service must be commenced within 1 year after the claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA, excluding its conflicts of law rules. In the event of any conflict between US and foreign laws, regulations and rules, US laws, regulations and rules shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Terms of Use.

Except that either party may seek an injunction or other equitable relief from any court of competent jurisdiction, all disputes between the parties arising out of or in relation to or in connection with the Terms of Use shall be settled by binding arbitration in accordance with the JAMS streamlined arbitration rules and procedures then in force, by one neutral arbitrator appointed in accordance with the rules. The arbitration shall take place in Boston, Massachusetts, USA. The proceedings shall be in English, all evidence shall be in English (or translated into English) and the governing law shall be as set forth herein. The arbitrator’s decision shall be in writing and shall comply with all terms and conditions in the applicable version of the Terms of Use. The decision and award rendered shall be final and binding on both parties. The parties acknowledge and agree that the Terms of Use and any award rendered pursuant hereto shall be governed by the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Judgment on the award may be entered in any court of competent jurisdiction.

Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

The Terms of Use (including all then current Policies) are the entire agreement between you and Tamr with respect to access, use and operation of the Site, Content and other aspects of the Service, and supersede all prior or contemporaneous communications, proposals and agreements (whether oral, written or electronic) between you and Tamr with respect to the Service. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

General Provisions.

Your rights and obligations under the Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Tamr’s prior written consent. Tamr may subcontract, delegate, assign or otherwise transfer any or all of its rights and obligations hereunder without your consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Use, and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms of Use will be in writing, in English and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail or express courier, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail.

Copyright and Trademark Notices.

Unless otherwise indicated, the Terms of Use are Copyright © 2014 Tamr, Inc., and all Content provided by Tamr is Copyright © 2014 Tamr, Inc. All rights reserved.

TAMR™, DATA CURATION AT SCALE™ and TAMR LEVERAGE ALL DATA™ are trademarks of Tamr. The names of companies and products mentioned at the Site may be the trademarks of their respective owners.

You may contact Tamr at the following address:

Tamr, Inc.
Attn: Terms of Use
66 Church Street
Cambridge, MA 02138 USA
Email: info@tamr.com