Terms of Service

The websites thebattleofgiants.com, chordstatagy.com and their subsites (together, the “Site”) and the services through the Sites (“Services”)  are made available by Chord Strategy Inc (“Chord Strategy”) on the terms set out below (“Terms”) The sections of the Terms applicable to your use of the Site vary depending on the nature of your access. All users, including users enjoying trial or guest access to our research, are subject to our Terms. If you are accessing our site as an authorised user of a subscriber to our services then the terms under the heading “Use of the Site by Chord Strategy Clients” is also applicable to you

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY CONTINUING TO USE THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

By using our Sites or any mobile application operated by Chord Strategy (each, a “Site”), you agree to be bound by these Terms, including any additional terms and conditions applicable to specific areas or content on the Sites. Where you are the authorised user of a subscriber to our services under a separate subscription agreement (a “Subscription Agreement”), your use of our Sites is also subject to the terms of that Subscription Agreement. 

These Terms may have changed since your last visit to this website, and it is your responsibility to review these terms for any changes.  Your use of the website after any amendments or updates of these terms of use shall signify your assent to and acceptance of such revised terms.  Any new features that may be added to this website from time to time will be subject to these terms of use, unless stated otherwise. You should visit this page periodically to review these terms of use

1. Use Of Site And Content And Copyright

1.1 You are permitted to access the Site, including the written text, graphics, data, images, illustrations, marks, logos, sound or video clips, photographs and/or other works (singly or collectively, the “Content”) solely for your or your organization’s internal information purposes. You agree to maintain all copyright, trademark and other notices on the Content. You may not copy, transmit, reproduce, publicly display, perform, distribute, alter, transmit or create derivative works of any Content or any portion of or excerpts from the Content in any fashion that is not authorized by Chord Strategy in writing or expressly permitted in these Terms of Use.

1.2 Neither you nor your organization may use any Content or any excerpt from any Content to promote your or your organizations’ products or services. External citation to the Content is prohibited without Chord Strategy’s express written permission and is subject to Chord Strategy’s Citation Policy as described in this paragraph, except that members of the press may cite to portions of the Content without Chord Strategy’s prior approval if such citation references thebattleofgiants.com and links back to the article URL.

1.2.1 Do I need permission to use thebattleofgiants.com content?

Yes. With the limited exceptions described on this page, all use of thebattleofgiants.com content (text, photographs, graphics, video etc.) requires the permission of Chord Strategy Inc. Contact us here.

Please be advised that when articles or photographs are credited to a source other than thebattleofgiants.com (such as the Associated Press, Reuters or AFP), it is most likely that the credited source holds the rights to the material. Please contact that party directly.

1.2.2 May I use portions of thebattleofgiants.com articles, such as quotes or excerpts? May I edit or adapt thebattleofgiants.com articles?

Under certain circumstances, it is permissible to make direct quotes from thebattleofgiants.com articles. The context, number and length of the quotes will determine whether permission is required. It is never acceptable to selectively quote from articles in a manner that changes their meaning, to take quotes out of context or to combine quotes to create a sentence. It may also be considered infringement if a large percentage of the publication consists of quotes from thebattleofgiants.com articles.

Editing and adaptation of thebattleofgiants.com content is not permitted.

Use of article excerpts is possible with permission from thebattleofgiants.com, without alteration to the intended meaning of the original text.

1.2.3 Can I use headlines and summaries of thebattleofgiants.com articles?

You are permitted to create your own summaries and to use thebattleofgiants.com headlines with links back to the articles located on thebattleofgiants.com. But readers who visit thebattleofgiants.com by clicking a link on your site cannot bypass the registration process.

1.3 The Site and all of the Content are protected by Canadian, U.S. and/or international copyright laws and conventions, and belong to Chord Strategy, its licensors or third parties. No right, title or interest in any Content is transferred to you.

1.4 You agree to use the Site and the Content in accordance with all applicable laws. You agree not to take any action that would compromise the security of the Site or render the Site inaccessible to others.

2. Restricted Areas

2.1 Access to certain areas of the Site is restricted (“Restricted Areas”) to Chord Strategy Clients to whom we have issued passwords. You are not authorized to access any password-restricted areas unless you have received a password from Chord Strategy (or from your employer if your employer has been authorized by Chord Strategy to issue such password). You may not use another person’s password to access the Site.

2.2 If you are a Client, you are responsible for keeping your password confidential. You agree not to share your password with any other individuals or to otherwise allow any other individuals to access the Site or the Content through your account. You further agree not to reproduce, publicly display, perform, distribute, alter, transmit, create derivative works from or otherwise share any Content or portions or excerpts thereof from Restricted Areas with any other individuals or third parties, except as expressly provided in these Terms of Use or in your Contract. You take full responsibility for any activity that occurs through the use of your account and you agree to notify us immediately if you become aware that any other individual has accessed your account or has obtained your password. To protect the security of the Site and your account, we reserve the right to monitor Site usage and suspend access to any account with activity we deem suspicious. If your account is suspended, we will contact you to ensure that your account has not been compromised before reactivating your access.

3. Accuracy of Information

3.1 Chord Strategy makes no representation or warranty regarding the accuracy of any information made available through the Sites. Any opinions reflect Chord Strategy’s judgment at the time and are subject to change. You assume sole responsibility for the selection of the Content to achieve any of your intended results, and your sole and exclusive remedy for any alleged loss or damage suffered by you in connection with your use of the Site or the Content or the User Content is to discontinue using the Site.

4. PROPRIETARY RIGHTS.

4.1 Subject to the limited rights expressly granted hereunder, Chord Strategy reserves all rights, title and interest in and to the Service and Content, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth in this Agreement. You are permitted to access the Service, including the Content, solely for Your organization’s internal information purposes. You agree to maintain all copyright, trademark and other notices on the Content. You may not copy, transmit, reproduce, publicly display, perform, distribute, alter, transmit or create derivative works of any Content or any portion of or excerpts from the Content in any fashion that is not authorized by Chord in writing or expressly permitted in these Terms of Use.

4.2 You shall not (and shall not allow any third party to): (a) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Service except to the extent that enforcement is prohibited by applicable law notwithstanding a contractual provision to the contrary; (b) circumvent any user limits or other timing or use restrictions that are built into the Service; (c) remove any proprietary notices, labels, or marks from the Service; (d) frame or mirror any content forming part of the Service; or (e) access the Service in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions or graphics of the Service. You may use any Content or any excerpt from any Content to promote its products or services. External citation to the Content is prohibited without Chord’s express written permission.

4.3 You shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party; (ii) use the Service to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (iii) use the Service to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third-party privacy or publicity rights; (iv) use the Service to send or store Malicious Code; (v) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (vi) attempt to gain unauthorized access to the Service or its related systems or networks.

4.4 Chord Strategy shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual, unrestricted license to use or incorporate into the Service and/or any other products or services any suggestions, enhancement requests, recommendations or other feedback provided by You relating to the Service.

5. Warranties Disclaimer

THIS SITE AND THE CONTENT ARE PROVIDED “AS IS,” CHORD MAKES NO REPRESENTATIONS AND PROVIDES NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, INCLUDING ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHORD FURTHER DISCLAIMS ALL WARRANTIES (I) RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR ANY PORTION THEREOF THAT IS MADE AVAILABLE ON THE SITE; (II) THAT THE CONTENT PROVIDED THROUGH THE SITE WILL BE FREE FROM ERRORS, OMISSIONS, DEFECTS, OR DELAYS IN OPERATION, OR FROM TECHNICAL INACCURACIES OR OTHER ERRORS; (III) THAT THE CONTENT SHALL NOT INFRINGE THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY; (IV) THAT THE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.

6. Limitations On Liability

YOU AGREE THAT CHORD STRATEGY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LAW FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS FAILURE OR LOSS, ARISING OUT OF YOUR USE OF THE SITE, THE CONTENT OR USER CONTENT, WHETHER OR NOT CHORD STRATEGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE FURTHER THAT CHORD STRATEGY SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY YOU ARISING AS A RESULT OF RELIANCE UPON THE CONTENT, USER CONTENT OR THE SITE OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE CONTENT OR THE SITE OR INTERPRETATIONS THEREOF. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CHORD STRATEGY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, AND THE TERMS LIMITING CHORD STRATEGY’S LIABILITY IN THIS SECTION SHALL IN ANY CASE BE INTERPRETED TO LIMIT CHORD STRATEGY’S LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.

7. Indemnification

You understand and agree that you are responsible for your use of the Site. You agree to indemnify, defend and hold harmless Chord Strategy, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any applicable third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Content, the User Content or any violation by you of these Terms of Use.

8. Governing Law

This Agreement shall be governed by the laws of the Province of British Columbia, Canada, without regard to its conflict of law principles.  No choice of laws rules of any jurisdiction shall apply to this Agreement. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.  The parties confirm that it is their wish that this Agreement as well as all other documents relating to this Agreement, including notices, be drawn up in English only.

9. Links

Chord Strategy may provide links to third-party content and other websites on the Site. We do not endorse, sponsor, or accept any responsibility for such material. We are not responsible for the content or privacy practices of any linked sites.

10. Mobile Applications

10.1 To the extent you are using a mobile application operated by Chord Strategy (a “Mobile Application”), the following additional terms and conditions apply:

10.2 Subject to these Terms of Use, Chord Strategy hereby grants you the non-exclusive, non-transferable right to download the Mobile Application solely onto your own handheld mobile device and to use the Mobile Application solely for uses permitted hereunder and as permitted by the applicable third party from which you received the Mobile Application.

10.3 You may: (i) use any third party component included in the Mobile Application (“Third Party Component”) only as an integral component of the Mobile Application; (ii) not use the Mobile Application or any Third Party Component for development, compilation, debugging and similar design-time purposes; (iii) not reverse-compile or decompile, analyze, reverse-engineer, reverse-assemble or disassemble, unlock or otherwise attempt to discover the source code or underlying algorithms of the Mobile Application or any Third Party Component or attempt to do any of the foregoing in relation to the object code of the Mobile Application or any Third Party Component; and (iv) not modify, adapt, translate or create any derivative works of the Mobile Application or any Third Party Component or merge the Mobile Application or any Third Party Component into any other software.

10.4 You may only use, copy, modify, or transfer the Mobile Application or any Third Party Component, or any copy, adaptation, transcription, or merged portion thereof, as expressly permitted herein.

10.5 Chord Strategy and its licensors will have the exclusive ownership of all right, title, and interest in and to the Mobile Application and any Third Party Component licensed to you, including ownership of all the intellectual property rights and confidential information pertaining thereto, subject only to the express rights and privileges expressly granted to you herein.

11. Use Of The Site By Chord Strategy Clients

11.1 The content on this website belongs to Chord Strategy, its licensors or third parties and is protected by Canadian, U.S. and international copyright laws and conventions. No right, title or interest in any content is transferred to you.

11.2 Terms and conditions that govern your use of and access to the website are set forth in the contract between Chord Strategy and your employer. If you are not familiar with the terms of that contract, including the conditions of and restrictions on your use of the content on this website and other proprietary Chord Strategy research, please contact your account administrator or your Chord Strategy account manager.

11.3 You are not authorized to access any password-restricted areas of this website unless you have received a password from Chord Strategy (or from your employer if your employer has been authorized by Chord Strategy to issue a password to you).

11.4 You are responsible for keeping your password confidential.

11.5 You agree not to share your password with any other individuals or to otherwise allow any other individuals to access the website or the content through your account.

11.6 You may not use another individual’s password to access the website.

11.7 You are not authorized to reproduce, publicly display, perform, distribute, alter, transmit, create derivative works from, or otherwise share any content from password-protected areas of this website with any other individuals or third parties, except as expressly provided in the contract between Chord Strategy and your employer. Without limiting the foregoing, you are not permitted to download content from this website and share it with any non-licensed individual or third party, except as expressly provided in the contract between Chord Strategy and your employer.

If you have any questions about permitted uses of this website or content on the website, please contact your account administrator or your Chord Strategy account manager.

Date of last modification: March 18th 2020