Note:  we’re trying not to overwhelm you with a bunch of legal mumbo-jumbo, but we do have some specific things our lawyers want us to tell you:

Antitrust Statement

The purpose of this platform is to enable businesses within similar industries to measure, benchmark, and improve the results of specific operating practices.

It is important to recognize that any gathering (in person or virtual) of a common industry are subject to legal limits imposed by state and federal antitrust laws. One central concern of these laws is with agreements in restraint of trade whereby competition is reduced by design. Businesspeople are generally cognizant of the restrictions on price fixing imposed by the law. In addition, there are other areas in which legal implications can exist: for example, agreements to standardize discounts, divide territorial markets or customers, or promote group boycotts are illegal.

By design, the firm anonymity within the Your MarketMetrics community is the first barrier to any potential antitrust concern. Additionally, Your MarketMetrics will not be used to collect any specific selling price or discounting information with regard to the end product being sold by our subscribers. With your subscription to and use of this platform (and any activities and connections that may arise as a result of participation in this community), you represent that you will avoid any impression of antitrust impropriety, and adhere to all applicable federal and state antitrust laws.

Accuracy of Data

With only minor exceptions for “missing digits” (obvious entry errors), we present data within the Your MarketMetrics system just as it is presented to us by the subscribing firms. We have taken steps to educate and encourage subscribers to calculate and submit information for comparison in an “apples to apples” way, but we are making no warranties – implicit or implied – about the accuracy of that information.

Use of Data

The content and data in Your MarketMetrics is our property. You may not share, publish, reproduce, or otherwise allow others to access the content and data of Your MarketMetrics. Unauthorized copying, distribution, publication, or other use of our data is a breach of these terms.

Release of Liability / Indemnify & Hold Harmless

Subscribers agree that the metrics and benchmarking information provided within this system is intended as educational in nature, but that the information by its nature is presented without accompanying complete contextual understanding of the conditions that created the data. In layman’s terms: “Your mileage may vary” – Your MarketMetrics makes no explicit or implied warranty of results or outcomes to subscribers. You agree to indemnify and hold Your MarketMetrics.com, its owners, staff, expert advisers, and all named program sponsor partners harmless from any liability, loss or damage they may suffer as a result of claims, demands, costs or judgements against them arising out of any breach of these terms, or any use by Subscriber of the results and data obtained from use of this system.

YOUR MARKETMETRICS’ CONTENT AND SERVICES ARE PROVIDED ‘AS IS’ AND AS AVAILABILE WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOUR MARKETMETRICS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CONTENT AND SERVICES MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED, OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY TO YOUR MARKETMETRICS.

Maintenance of Privacy & Security

The privacy of our subscribers is our number one priority. We reserve the right to take any measure we deem necessary to maintain that privacy across all of our platforms, including but not limited to: changing Firm ID numbers upon request or upon departure of any employee user, eliminating access to user accounts if we, in our sole discretion, identify suspicious or fraudulent activity taking place, generating hypothetical results that are not included in the final comparison calculations, and not making our user / subscriber list available to any external organization (beyond the named sponsor partners).

YourMarketMetrics.com employs secure Comodo SSL certification. Your raw data is received into a locked submission form and transferred to a locked spreadsheet, hosted in a Google Drive on secure Google servers, accessible only to the primary team members and publicly identified expert advisers of Your MarketMetrics. (As a secondary layer of protection, your firm name and assigned ID number is not hosted in that same drive). Our data visualization management engine is powered by Klipfolio, utilizing VeriSign SSL and GeoTrust SSL. We refer you to their extensive privacy and security policies, applying to your subscription by extension:

https://www.klipfolio.com/legal/security

https://www.klipfolio.com/legal/privacy

Disclosure

Your MarketMetrics is a wholly-owned subsidiary of MonkeyBar Management, a consulting practice dedicated to improving our client’s business performance. MonkeyBar Management also manages and serves on the faculty of the EAGL program (working with Dr. Charlie Hall), and provides business and facilitation services to Ian Baldwin and various private industry peer groups who may utilize this platform. This project developed out of a desire to utilize technology advances to provide a credible, accessible, cloud-based system to enable like-minded firms to compare their business information securely for the purposes of business improvement. The principals of MonkeyBar Management will have access to your direct data submissions and agree to utilize that data ONLY in the context of the Your MarketMetrics.com project and direct consulting relationships with participating firms. Ultimately: we take your privacy really seriously. Our integrity is our calling card. We appreciate the trust you have placed in us, and we are committed to being worthy of that trust.

Sponsor Partners

Any given community or board hosted within the Your MarketMetrics.com site may have third party partners and collaborators (for example, trade associations or societies.) Unless there has been specific disclosure to the contrary, as a standard practice those partners will NOT receive access to any identifying firm information – they will have access only to a copy of the anonymized data for the purpose of extrapolating industry trends. They will not have the right to publish that information independently for the benefit of non-subscribers: all publishing of the insights are governed by the expert adviser within each community in conjunction with Your MarketMetrics.

Governing Law/Exclusive Venue

All terms of use of this service shall be governed in accordance with the laws of the State of Minnesota, United States. The State and Federal Courts of Minnesota shall be the exclusive venue for any dispute arising out of these terms or your use of Your MarketMetrics.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.