Acceptance of Terms
Description of Services
TMMData provides you with access to a variety of resources and tools, including, but not limited to, product support pages, product information and services, and sample data sets (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
Limitation of Use
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
Privacy and Protection of Personal Information
Member Account, Password, and Security
For Services that require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify TMMData immediately of any unauthorized use of your account or any other breach of security. TMMData will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by TMMData or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Services in any manner that could damage, disable, overburden, or impair any TMMData server, or the network(s) connected to any TMMData server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any TMMData server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Notice Specific to Software Available on this Website
Any software that is made available to download is the copyrighted work of TMMData and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, which accompanies or is included with the Software ("License Agreement"). The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties.
Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in FAR 52.227-19.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
Notice Specific to Documents Available on this Website
Permission to use Documents (such as white papers, press releases, datasets, product support content and FAQs) from the Services is granted, provided that (1) the following copyright notice appears in all copies and that both the copyright notice and this permission notice appear: “Copyright © TMM Data, Inc All rights reserved.“, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law.
Documents specified above do not include the design or layout of the TMMData.com website or any other TMMData owned, operated, licensed or controlled site. Elements of TMMData websites may not be copied or imitated in whole or in part, unless expressly permitted by TMMData.
In this site, we permit third parties to submit articles and information which may be of interest to site visitors. We are not responsible for and exert no control over the content of any such articles or information posted on this site, and we accordingly disclaim any and all responsibility or liability arising from or related to any such articles or information posted by third parties.
Other Notices and Disclaimers
Any and all information available at this site, including, without limitation, macros, data, site links, text, advice or recommendations (the "Information") is provided "AS IS" without warranty of any kind. TMMData hereby disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement and further disclaims any warranty that the Information will be free of errors, viruses, or defects of any kind or nature whatsoever. In no event shall TMMData be liable for damages of any kind, whether or not caused by the negligence of TMMData or its employees, arising out of reliance upon the Information or the use, transmission, or performance of the Information.
IN NO EVENT SHALL TMMDATA AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
Materials Provided to TMMData or Posted through any TMMData Online Communication Channels
TMMData does not claim ownership of the materials you provide to TMMData or post, upload, input or submit to any Services, Online Communication Channels, or any associated services for review (each a "Submission"). However, by posting, uploading, inputting, or otherwise providing ("Posting") your Submission you are granting TMMData, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, transmit, create collective or derivative works from, distribute, and to incorporate it in other works in any form, media, or technology now known or later developed.
By Posting your Submission, you warrant and represent that you either own or otherwise control all of the rights to that Submission, including, without limitation, all the rights necessary for you to provide, post, upload, or input the Submission, or that your use of the Submission is a protected fair use, and that such content is not confidential. If you are using the Online Communications Channels on behalf of your employer, you represent and warrant that you are authorized to accept these Terms and Conditions on your employer's behalf, and that your employer agrees to indemnify you and TMMData for violations of these Terms and Conditions. By Posting your Submission, you further represent and warrant that you have reviewed and are in compliance with all applicable policies of your employer and/or the entity or individual that owns or controls the Submission you are Posting. It is your sole responsibility to ensure that your Submissions do not disclose confidential and/or proprietary information, including information covered by a nondisclosure agreement that you are not authorized to disclose, and are in compliance with any applicable privacy laws and regulations to which you are subject.
By Posting any Submission through TMMData’s public communication channels, such as the TMMData Blog or Webinars, you are also granting TMMData and all other users an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, transmit, create collective or derivative works from, distribute, perform and display your submission in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. Except where expressly provided otherwise, all comments, feedback, information and materials submitted to Public Online Communications Channels are intended to be shared with other users of the Online Communications Channels.
No compensation will be paid with respect to the use of your Submission, as provided herein. TMMData is under no obligation to post or use any Submission you may provide, and TMMData may remove any Submission at any time in its sole discretion.
Resume Submission Policy
Personal information of job applicants will be processed by TMMData or its third-party providers in order to:
- assessing and (if successful) engaging the applicant, staff member or contractor (as the case may be);
- managing an individual's employment or engagement;
- ensuring that we hold relevant contact information; and
- to satisfy our legal obligations.
Unsolicited Idea Submission Policy
TMMData or any of its employees cannot accept or consider unsolicited ideas, including product, advertising or promotional ideas. Please do not send your unsolicited ideas to anyone at TMMData through this website or via any other means of communication. However, should you choose to ignore this request, please be advised that any unsolicited information or material sent to TMMData or any TMMData employee will be deemed NOT to be confidential or proprietary. Your submission of any unsolicited information or material grants to TMMData an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that information or material and any underlying intellectual property.
Notices and Procedure for Making Claims of Copyright Infringement
It is our policy to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act and other applicable laws. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail 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 owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on our site can be reached as follows:
1829 Pine Hall Rd
State College, PA 16801
Links to Third Party Sites
TMMData’s site may contain links that will allow you to leave TMMData’s site. The linked sites are provided as a courtesy. The linked sites are not under TMMData’s control and TMMData is not responsible for the contents of any such linked site or any link contained in a linked site, or changes or updates to such sites.
Disputes / Arbitration
Any dispute or claim relating in any way to your use of this site or the TMMData Services provided to you will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Bruce Pincus, Minitab, LLC, 1829 Pine Hall Rd, State College, PA 16801.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in Philipsburg, Pennsylvania.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Changes To These Terms