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CMO.com by Adobe delivers marketing insights, expertise, and inspiration for and by marketing leaders—all aimed at helping CMOs and senior marketers lead their brands in this new digital world. To help marketers stay informed and save time, CMO.com features curated content from more than 150 leading sources, in addition to original content from thought leaders at Adobe and across the industry.

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Terms of Use

Your access to this CMO.com website (the "Site"), Content (as defined below), and/or the subscription services provided by Omniture, Inc. ("Omniture") in connection with this Site (collectively, the "Subsccription Services") is made possible through your agreement to abide by and adhere to these Terms of Use. As a condition of use, you promise not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by the Site.

Content, Message Boards, and Ownership
Your access to, and use of, the Subscription Services may give you access to data, reports, information, text, graphics, code, message boards or other materials (collectively, the "Content"), whether through the Site or otherwise. All right, title, and interest in and to the Subscription Services are and will remain the exclusive property of Omniture and its licensors, or the respective companies’ information represented therein. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Subscription Services. You will not sell, transfer or assign your subscription or any of your subscriber rights.

You agree not to use the message boards to: (i) send or post messages that are harassing, libelous, defamatory, abusive, threatening, obscene or profane (note that "masked" vulgarity, obscenity, or profanity such as "f*ck" is considered equivalent to the actual objectionable word and is not allowed); (ii) promote the use of illegal drugs, alcohol, sex, pornography or any other form of adult content, profanity, hate, "spamming", fraud, racism, or any illegal activity; (iii) send or post derogatory comments directed at individuals (including public figures) or corporations (including Omniture or any Omniture customers); (iv) send or post messages that include illegal material, including text, graphics, video, programs or audio; (iv) advertise business or solicit for products and/or services; (v) spam, solicit (commercial or non-commercial), promote chain letters, or the like.  Omniture reserves the right to terminate your access to the message boards at any time. Violations of any of these Terms of Use will result in your banishment from the message boards. Depending on the severity of the violation, your entire organization may be denied access to the Omniture message boards for an indefinite time period. You agree not to provide Omniture competitors with any message/post information or personal information (including but not limited to names and email addresses) from the message boards. Omniture will have the right to investigate and prosecute violations of these Terms of Use, and may involve law enforcement authorities in such prosecution. You acknowledge that Omniture has no obligation to monitor your access to or use of the Subscription Services, but has the right to do so for the purpose of providing the Subscription Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.  Omniture owns all Content posted to the message boards, including text, ideas, code, samples, images, etc.  Content from the message boards may NOT be copied, reproduced, transmitted, distributed, or published outside of the message board. The Content is strictly for use within the message boards or any Omniture-approved material. Omniture reserves the right to use, reproduce, adapt, modify, publish, translate, create derivative works from, communicate to the public, and display any content in the message boards. Omniture reserves the right to edit and delete Content that in any way violates the Terms of Use, and may remove any Content and subscriber accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all. To report Terms of Use abuse, please email: Privacy@cmo.com

Confidentiality
Your access to, and use of, the Subscription Services may give you access to information that is confidential to Omniture, its wholly owned subsidiaries or its affiliates, or the respective companies’ information represented within the Content ("Confidential Information"). Confidential Information includes any information that is clearly identified as confidential, and any written or oral information that, based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential.  Such Confidential Information includes, but is not limited to, product proposals, technological processes, product forecasts, trade secrets, pre-publication patent applications, product designs, pricing information, software designs, hardware or system designs, technology specifications, source code, object code, graphic designs, report templates, proprietary financial information, systems architecture, and systems functionalities.  Confidential Information also includes all copies, summaries and extracts of any Confidential Information. Confidential Information shall not include information that (i) is or becomes a part of the public domain through no act or omission of yours; (ii) was rightfully in your possession prior to the disclosure and had not been obtained by you either directly or indirectly from the Omniture; (iii) is rightfully disclosed to you by a third party without restriction on disclosure; (iv) is independently developed by you without use of or reference to Omniture's Confidential Information. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Site using your user name and password.

You agree to use commercially reasonable care (but in no case less care than it uses to protect its own Confidential Information) to prevent the disclosure of the Confidential Information to any third party.  You may disclose Confidential Information to the extent that such disclosure is required by law or valid order of a court or other governmental authority; provided, however, that you first have given sufficient and prompt written notice to Omniture of the receipt of any subpoena or other request for such disclosure; and shall have made a reasonable effort to obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued.

Limitations on Liability
OMNITURE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SUBSCRIPTION SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT OMNITURE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Disclaimer of Warranties
Your access to and use of the Subscription Services is at your own risk. Omniture will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Subscription Services. Omniture does not guarantee the accuracy or validity of any Content. Omniture is not responsible for any Content disseminated through the message boards. THE SUBSCRIPTION SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OMNITURE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

OMNITURE MAKES NO WARRANTY THAT THE SITE, APPLICATIONS, CONTENT OR ANY PAY-PER-CLICK WEBSITE OR INTERFACE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. OMNITURE MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY DATA OR INFORMATION OBTAINED THROUGH THE SUBSCRIPTION SERVICES.

YOU UNDERSTAND AND AGREE THAT OMNITURE IS NOT RESPONSIBLE FOR THE FUNCTIONALITY OF SEARCH ENGINE PAY-PER-CLICK WEB SITES OR INTERFACES AND THAT, WHILE OMNITURE SEARCH ENGINE MANAGEMENT SERVICES WILL SUBMIT CHANGES TO CERTAIN SEARCH ENGINES ON YOUR BEHALF, OMNITURE CANNOT GUARANTEE THAT A SEARCH ENGINE WILL MAKE THOSE SUBMITTED CHANGES IN A TIMELY MANNER, OR AT ALL.

Indemnity
You agree to defend, indemnify, and hold harmless Omniture, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal and accounting fees), arising out of (i) your violation of these Terms of Use, or (ii) violation of applicable law.

Termination
If you violate any of these Terms of Use, your permission to use the Subscription Services will automatically terminate.

Controlling Law and Jurisdiction
These Terms of Use and any action related thereto will be governed by the laws of the State of Utah without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action arising under these Terms of Use or related thereto will be the state and federal courts located in Salt Lake County, Utah, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.