Monadnock Research Portal Terms of Use & Service
Thank you for considering Monadnock Research and its service offerings. This document details the terms of our working relationships with clients and other stakeholders.
We invite you to interact with members of our staff and explore the content and features available for free, or exclusively to paid subscribers of the Monadnock Research (hereinafter, "MR") Portal at MonadnockResearch.net (hereinafter, "Subscriber", "Subscribers", "Subscription" or "Subscriptions"). But before you do, please read our Terms of Use and Service (hereinafter, "TU&S" or "Terms") carefully. By accessing this site you agree to be bound by the current Terms detailed here, including any subsequent changes. If you do not agree, do not access this site or any of its content.
Monadnock Research reserves the right to modify the TU&S at any time with or without notice. The date of the most recent update can be located at the bottom of this page. Your continued use of the Monadnock Research Portal, or any other service provided by MR, means that you agree to be bound by these Terms.
The MR business model facilitates the exchange of information between the firm's various stakeholders. Our focus is on analyzing the consulting and advisory services industry, and service rates by professional level, practice area, industry and geographic location; facilitating best practices for the procurement of management and IT consulting services; assessing consulting practice area competencies, client satisfaction and industry and geographic areas served by service providers; publishing news and conducting analysis regarding trends and industry developments; and maximizing value from client engagements and strategic firm relationships. Subscribers are encouraged to exchange associated information about these topics with Monadnock Research staff.
- Personal Use: All Subscriptions, including those for employees of enterprise clients, are credentialed to specific named individuals. No Subscriber is permitted to share content or login details, including user names and passwords, with any other individual at any time without either a separate MR license agreement for that piece of content or written MR authorization.
Individual subscriptions include access to all current and historical MR published material available on-line when the original subscription commenced. MR content is licensed only during the subscription period and that license ends upon subscription termination or expiration. When a subscriber leaves their organization, the license remains with the organization and not the individual, and becomes available for optional internal reassignment. The former subscriber's rights terminate immediately upon termination of employment, and that individual is required to immediately delete any Monadnock Research content in their possession, or that which is stored in electronic form virtually where any non-subscriber may gain access to MR content.
- Subscription Transfer: Subscribers have the right to transfer their subscription to another individual within their organization at any time during the subscription period, at no cost, if the primary subscription contact facilitates that transfer. All content downloaded or printed by the former subscriber must be immediately either: (1) transferred to another licensed subscriber or (2) destroyed. The Monadnock Research portal monitors IP addresses and is designed to detect sharing of credentials. The system will automatically suspend any account where more than one individual signs on using the same user name and password. Dual login attempts are considered a violation of the TU&S.
- Enterprise and Team Subscriptions: All subscriptions licensed after 27 August 2013 come with credentials for up to five (5) named subscribers. Organizations that have purchased additional licenses have rights to a specific number of named employee subscriber accounts, and each is assigned separate login credentials. Significant discounts are offered for each additional subscriber. We encourage clients to take advantage of enterprise pricing. Please contact us via this link to add a subscriber account, or to inquire about enterprise subscriptions.
- Subscriber Information: Subscribers to our publications are asked to provide only the information necessary to process their subscription. We agree to contact subscribers for purposes directly related to the subscription, and for research purposes. Monadnock Research is based in Gloucester, Mass., U.S.A., and has subscribers to its products and research services worldwide. We never provide subscriber or research subject information to any third party. MR makes an effort to ensure that all information on subscribers is kept up to date and is directly relevant to each client's subscriptions and the research focus of our company. Information is retained in our subscription and customer relationship management systems on interactions with current subscribers and research subjects, former subscribers and research subjects, and prospective subscribers and research subjects. No information is retained for any individual that does not fall into one of these categories. Information is retained for as long as it is required to service current, former and prospective subscribers and research subjects. Any individual that resides within the EU may have additional rights under Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR) framework (here).
- Access Rights for Different Categories of Subscribers: Buyers and providers of consulting services have access to all subscriber areas of the Monadnock Research Portal. Buyers of consulting services are also granted rights to view and participate in the Monadnock Research Consulting Services Sourcing and Procurement Insights (CS-SPI) Group on LinkedIn, which currently hosts more than 500 professional services procurement leaders at large organizations around the world. Client organization subscribers may receive instructions for obtaining group membership upon request.
Subscribers that are buyers of consulting services, or internal "direct" providers of consulting services within organizations that also market services, hereby agree that they will not share information obtained from buyer forums with organization colleagues that provide services to external clients or support related activities.
Subscribers employed by financial services firms, software companies, and other organizations that offer services to either the consulting industry or to buyers of consulting services have the same access rights as those offered to consulting service providers.
Subscribers that work for a third-party provider of outsourcing or consulting services are allowed to access MR products and services that are separately licensed to their organization and to a specific named client organization. MR content cannot be used to provide services to multiple clients unless each client is separately licensed. Monadnock Research does not license the firm's products or services to individuals or entities that primarily provide consulting services procurement advisory or market research services unless special arrangements have been made and those services are licensed in the name of the client organization for whom the services are being provided.
Neither credentials, nor information, can be shared with other outsourcing vendor personnel unless work can be segregated in a manner that would be exactly as it would be if the final client had licensed MR services directly, and under those same terms of use and service. Shared resources that at any time do work for more than one client must separately license MR services in advance for both clients if the resource contemplates any MR information being used for the unlicensed client. Discounts can be additive across client organizations of third-party service providers under certain circumstances, upon approval of MR staff.
The subscriptions of staff that work for an internal knowledge center or library of a service provider may, upon approval of MR staff, have their subscriptions flexibly allocated to the professionals served by their organization. This assumes that the research organization is acting as an intermediary providing the equivalent of library services for virtual content. In that case, a subscription for up to 5 professionals would allow them to serve up to 5 professionals concurrently at any time. This specifically does not apply to providers of shared services to unrelated business or public service entities.
Any subscriber that uses a report or piece of content for a specific purpose, and then confirms to knowledge center staff that all printed and electronic versions of MR content have been deleted, may have that set of credentials returned to the "subscription pool". Any professional that retains content for reference is considered an active subscriber until the time when that subscriber confirms deletion or destruction of all MR content. The primary subscriber within the organization's library or knowledge center is responsible for managing and documenting compliance with this subscription policy and process. MR, at its option and discretion, reserves the right to review that documentation.
- Confidentiality: Monadnock Research does not disclose the names of clients or research study participants. When subscribers and non-subscribers participate in a survey or interview, post content in a discussion forum, or otherwise engage in a discussion with MR staff, and where the specific information is identified in writing as confidential, we will treat it as we would our own confidential information and will not disclose it outside of that specific confidential context without your written consent.
Given the nature of our business, all confidentiality agreements between our firm and buyers or providers of consulting services are event-specific. We have no blanket confidentiality agreements with any organization that is not a business partner, that offers terms different than what is detailed above. Each business partner has agreed to confidentiality terms with MR that binds that partner to any current in-force Monadnock Research confidentiality terms.
The obligations of MR, with respect to protecting the confidentiality of information that has been identified in writing (including communications in electronic form) as confidential, are not applicable if that information:
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a. Was, at the time of disclosure, otherwise known to MR without restrictions; or
b. Can be shown by MR to be either in the public domain at the time of receipt, or came into the public domain thereafter through no act of MR in breach of any agreement; or
c. Was disclosed to MR on an unrestricted basis by a source other than the party asserting confidentiality; or
d. Was contained within a record in MR's files prior to the date of its receipt from the party asserting confidentiality; or
e. Was disclosed or used with the prior written approval of the party later asserting confidentiality; or
f. Can be demonstrated in written record by MR to have been developed independently of disclosures made by the party asserting confidentiality; or
g. Required disclosure by MR staff in response to a legal mandate by order of a court or administrative body, but only after MR promptly notified the party asserting confidentiality and provided a reasonable opportunity for the party asserting confidentiality to oppose such order. - Monadnock Research Intellectual Property "Fair Use": Monadnock Research sells no advertising; markets no sponsored publications to or from consulting service providers; and offers no content free of charge as "thought leadership" to encourage purchase of bespoke advisory services. Our firm's revenue is exclusively derived from subscriptions and license fees associated with syndicated research, other content developed by internal staff and advisory work directly associated with our research offerings.
Given this, any misappropriated content would have a significant negative impact on the ability of Monadnock Research to generate future revenue. All content published at MonadnockResearch.net, and in any of our publications, is proprietary MR intellectual property. Our company maintains exclusive rights to license content directly to clients. No third party is so authorized.
Content may be employed by paid subscribers and licensees to draw their own conclusions or estimates under "Fair Use" as described within USC 17 USC § 107. Subscribers may share those interpretations with others. However, sharing any Monadnock Research content with non-subscribers is not authorized and shall not be considered Fair Use unless separately licensed or previously agreed in writing directly by Monadnock Research.
Content that is published on this site, or that is otherwise sent to you by Monadnock Research, cannot be reproduced, sold, redistributed, transferred, posted, or modified, in whole or in part, without our prior written consent. Content can be separately licensed for most purposes, but only by current Monadnock Research Portal subscribers.
Enterprise subscriber agreements may allow for internal distribution under specific conditions. Subscribers do not have these rights unless they have been separately licensed with specific terms detailed. All properly licensed content is clearly marked with the correct terms. Please contact us if you have any questions about licensing or redistribution via our contact page. No individual should assume that their organization has distribution rights without confirming that, in writing, from an MR staff member.
Monadnock Research Portal subscribers, via MonadnockResearch.net, have rights to view all published research portal content available on-line during their active subscription period. Generally, Research Portal content is available on-line going back at least one year, or longer in many cases. All former subscribers must destroy any hard-copy or electronic versions of content upon expiration of their subscription, and may not retain any content for future use under any circumstances. Any current subscriber may maintain an archived copy of content downloaded by them from the Monadnock Research Portal only during their Uninterrupted Subscription Period, ("USP"). For the purposes of our TU&S, a USP shall be any period commencing on the original subscription date from which the client has maintained its grandfathered license fee as the basis, or has a written agreement with MR that an interrupted subscription period has been bridged.
All graphics, trademarks, and service marks on this site are the property of Monadnock Research LLC and their respective owners, and are protected by US and international intellectual property laws, international treaties and reciprocity agreements. MR intellectual property may not be reproduced, sold, redistributed, transferred, posted, or otherwise used or modified without the express prior written consent of the owner. MR reserves all rights to content published on the Monadnock Research Portal, on any other media, or via any transmission medium.
- Disclaimer of Warranties and Limitation of Liability: Monadnock Research forecasts, conclusions, projections, and recommendations represent our opinion at the time of publication. Our positions are subject to refinement or significant change as MR staff gathers and analyzes additional information. We disclaim all warranties as to the accuracy, completeness or adequacy of such information.
Although our research, publications, and communications may discuss accounting or legal topics related to the consulting profession, MR does not provide accounting or legal advice or services, and our work product should not be construed or used for such purposes. MR assumes no liability for errors, omissions, or inadequacies of the information contained herein, or for interpretations thereof. The opinions expressed are subject to change without notice.
This site provides the information, services, and products "as-is" without warranties of any kind. Subscribers agree that Monadnock Research LLC, its staff, affiliates, and other subscribers and community members shall not be responsible for any content found within Monadnock Research Portal forums, or forums on other sites that we may moderate or participate in. Your use of the site is done at your own risk, and you are solely responsible for any damages to any other tangible or intangible asset of your organization that may result from the use of this site, or from any actions you may take based on information contained therein. All express and implied warranties, including without limitation, warranties of merchantability and fitness for a specific purpose, and non-infringement of proprietary rights, are hereby disclaimed to the full extent permitted by law and under the terms of this agreement.
Monadnock Research does not warrant that the use or performance of this site will be timely, uninterrupted, or free of error, or that this site or its services will be free of viruses. In no event shall this site, Monadnock Research LLC, its officers, agents, or employees, be liable for any loss or injury, direct or indirect, incidental, consequential, special, or exemplary damages, or any damages whatsoever beyond the fee paid to MR for the associated content license or subscription, arising from the use or performance of this site, or from any information, services, or products provided through it, even if we have been advised of the possibility of such damages.
- Subscription Rate Guarantee (hereinafter, "Rate Guarantee" or "Grandfathered Rate"): MR will not increase any subscriber's annual subscription rate for uninterrupted service periods, as long as the renewal is paid in full prior to expiration of the current and future periods. This Rate Guarantee only applies to the number of subscribers licensed in each period. Additional subscribers added later are at then-current rates, for which this Grandfathered Rate policy also applies. Payment must be received at the address noted on our contact page prior-to subscription expiration. Clients may also renew via credit card on-line, either here at the current subscription rate, with the difference between the client's Grandfathered Rate and the current subscription rate applied to extend the subscription, or through the client-specific renewal link provided by MR staff to the client's current subscribers 90 days prior to renewal. Please contact a member of our staff for other options.
- Dispute Resolution: The parties agree that the simplest interpretation of MR's Terms of Use and Service shall apply in all circumstances, including those where a conflict of terms may be perceived by either party. Any dispute arising under this agreement shall be subject to binding arbitration with the American Arbitration Association. It may also be heard by any other arbitrator or arbitration entity, or by any court of competent jurisdiction, but only if mutually agreed by the parties. All proceedings shall be held in Essex County, Massachusetts, USA, and governed by, and construed and interpreted in accordance with, the laws of the State of Delaware, unless otherwise agreed by the parties. Judgment on any award rendered may be entered in any court of competent jurisdiction.
- Injunctive Relief: The parties acknowledge that irreparable injury may result from the failure of either party to comply with the terms of this Agreement. The arbitrator, or other adjudicator if mutually agreed, will have the authority to grant injunctive relief and specific performance to enforce compliance with the terms of this Agreement.
- Severability: In the event that applicable law prevents the exclusion of liability for certain provisions of this agreement, or the exclusion of other stipulated terms of this agreement, all other agreement terms shall remain in full force and effect.
- Penalties for TU&S Non-Compliance: Penalties for failure of organizations and individuals to abide by these Terms of Use and Service may include, in addition to civil and criminal liability, associated remedies, including attorneys' fees, assessment of reasonable subscription fees by MR at then-current rates, and termination of access to the site for the offending party and all users in that individual's organization, without refund or recourse, at the sole discretion of MR. Subscribers agree that no other agreement between Monadnock Research or any subscriber, organization or third party shall supersede these terms unless it is in writing and mutually agreed.
Your satisfaction is our top priority. If at any time during a subscription period you wish to cancel for any reason, simply send us a message via the contact page explaining the situation. We will cancel the service, and issue a refund of the unused portion of the subscriber's subscription. The refund amount will be based upon either a pro-rata or short-rate calculation that takes into consideration factors that include subscription cost and duration, utilization of inquiry, and compliance with our Terms of Use and Service during the subscription period. No refunds will be considered for subscribers that violate our TU&S and we reserve the right to seek additional damages for willful violations of our copyrighted material.
Customer feedback is encouraged and appreciated. Please feel free to share your perspective with us on any subject, at any time, via our contact page.
(Last updated 25 May 2018)