Trajectory Website Terms of Use

I. Conditions of Use

Welcome to the Trajectory, Inc. ("Trajectory") website (the "Website"). Trajectory is a data analytics firm serving publishers and eBook retailers worldwide. By accessing or using the Website, you indicate that you have read and understand this Terms of Use Agreement (the "Agreement") and agree to be bound by it. You must accept the terms of the Agreement in order to use the Website. If you do not understand or have questions about the Agreement, immediately stop all use of the Website and contact legal@trajectory.com. This Agreement may periodically change without notice, so you should check the Agreement before every attempt to use the Website. When the Agreement is changed, the date of the latest revision will appear at the top of this page.

     A. Information You Submit To Us Through the Site

You agree that you will not use the Website for any illegal purpose. In addition, you agree that:

  1. You will not harvest, collect, or otherwise use contact information made available on the Website for the purpose of sending unsolicited improper communications, including without limitation, unsolicited bulk email (collectively, "spam") and that you will not use any Trajectory communications facility to deliver or attempt to deliver spam

  2. You will not attempt to gain unauthorized access to the Website or the servers and network associated with the Website;

  3. You will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website;

  4. You will not use the Website in any manner designed to degrade the performance or functioning of the Website, including, without limitation, launching Denial-of-Service ("DoS") attacks against the Website.

     B. Copyright

Trajectory claims a copyright in its works presented at the Website. Trajectory authorizes you to view, copy, download and print] the materials and content on the Website (the “Content”), subject to the following conditions:

  1. You may not modify the Content.

  2. The Content may be used solely for personal, noncommercial and informational purposes

The following copyright notice and permission notice must appear in each document: "© Copyright 2014 Trajectory, Inc.. All rights reserved. Trajectory documents available from this web site are protected by the copyright laws of the United States and international treaties. All use subject to Conditions of Use.

     C. Commercial Use of Trajectory Web Site Materials and Screen Shots

Reproduction, copying or redistribution of materials on the Website for commercial purposes is prohibited without the express written permission of Trajectory. To obtain permission to copy portions of this site, please send email to legal@trajectory.com and provide the following information in the body of the email:

  1. The Trajectory content you wish to use

  2. Where and how it will be used

  3. Where and how copies will be distributed and to what audience
    roduced and distributed

  4. When you intend to publish

  5. What other non-Trajectory materials will be associated with the Trajectory content

  6. Your name, title, company, address, email address and phone number.

We will evaluate your request and advise you as soon as possible. Trajectory reserves the right to refuse permission to copy, distribute, broadcast or publish any of its copyrighted material, including text and images on the Website

     D. No Warranties and Limitation of Liability

Information provided on the Website is provided "as is" without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose or noninfringement. Trajectory periodically adds changes, improves or updates the information and documents on the Website without notice. Trajectory assumes no liability or responsibility for any errors or omissions in the content of the Website. Your use of the Website is at your own risk. Under no circumstances and under no legal theory shall Trajectory, its suppliers or any other party involved in creating, producing or delivering the Website's contents be liable to you or any other person for any direct, indirect, special, incidental or consequential damages of any character arising from your access to, or use of, the Website.

     E. Links to Third Party Sites

If you use any links on the Website to websites not maintained by Trajectory, you will leave Trajectory website. The linked sites are not under the control of Trajectory and Trajectory is not responsible for the contents of any linked site or any link contained on a linked site. Trajectory provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by Trajectory of the site.

     F. Jurisdiction; Choice of Law

This Agreement and your use of the Website shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provisions. Venue for any legal action arising out of or relating to this Agreement will lie exclusively in the courts located in Boston, Massachusetts. You and Trajectory hereby consent to the jurisdiction of such courts.

     G. Severability

If any provision of this Agreement is found to be void or unenforceable, such provision shall be severed and all other provisions shall remain in force.