Company Terms of Service
Your Agreement to these Terms of Service.
Welcome to the Company software services, provided by Datasense, Inc. (“Company” or “We”). These Terms of Service govern your use of the Company website, as well as any other web sites, subdomains, or services owned or controlled by Company (collectively, the “Company Services”). To access the Company Services, users must at all times agree to and abide by these Terms. The Company Services allow you to submit, store, and access your business data, technology, and other development and/or company-related information (collectively, “Information”).
This Terms of Service for the Company Services is a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age or a single company, organization, or entity (“You” or, collectively, “Users”), and Company regarding your use of the Company Services. The services hereunder are offered by Datasense, Inc. located at: 380 Altair Way, Sunnyvale, CA 94087.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, USING OR SUBSCRIBING TO THE COMPANY SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY ADDITIONAL GUIDELINES AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE TERMINATE YOUR USE OF THE COMPANY SERVICES.
IF YOU ARE USING OR OPENING AN ACCOUNT WITH COMPANY ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, THE “SUBSCRIBING ORGANIZATION”) THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT ENTITY WITH THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS; (II) HAVE READ THESE TERMS; (III) UNDERSTAND THESE TERMS, AND (IV) AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.
1. License Grant.
Subject to the terms and conditions of this Agreement, Company hereby grants to you a limited, personal, non-transferable license to use the Company Services in the manner contemplated by this Agreement solely for the purposes of developing your company’s business data, plans, and solutions. Users shall have no right to sub-license or resell the Company Services or any component thereof.
Your privacy is important to Company. Please read our Privacy Notice [Link to Privacy Notice] carefully for details relating to the collection, use, and disclosure of your personal information.
3. Individual Features and Services.
When using the Company Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
4. Modification of the Terms.
Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time. You agree to review these Terms and any Guidelines periodically for changes. Your continued use of the Company Services after the posting of changes constitutes your binding acceptance of such changes. If any such revision is unacceptable to you, your only remedy is to terminate your Company User Account. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Company Services.
5. Digital Millennium Copyright Act.
It is Company’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Company’s [Link to DMCA Notification Guidelines]. Company will promptly terminate without notice any user’s access to the Company Services, if that user is determined by Company to be a “repeat infringer.” A repeat infringer is a user who has been notified by Company of infringing activity violations more than twice and/or who has had user submitted Information removed from the Company Services more than twice.
6. DMCA Notice.
[Recommend including a link to this section on every page displaying user-generated content.]
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Company Services, please notify Company's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
6.1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
6.2. Identification of the copyrighted work that you claim has been infringed;
6.3. Identification of the material that is claimed to be infringing and where it is located on the Service;
6.4. Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and, e-mail address;
6.5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6.6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Company: Company, Inc.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Company that your copyrighted material has been infringed. The preceding requirements are intended to comply with Company's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
7. Customer Service; Customer Communications and Notice.
Please email ___________ for further assistance. Under these Terms, you consent to receive communications from Company electronically. We will communicate with you by email or by posting notices on the Company Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
THE COMPANY SERVICES ARE NOT AVAILABLE TO PERSONS UNDER 18 YEARS OF AGE OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE COMPANY SERVICES BY COMPANY. Company may terminate your account, delete any content or information that you have posted on the Company Services (subject to the [DATA RETURN POLICY]), and/or prohibit you from using or accessing the Services (or any portion, aspect or feature of the Services) for any reason or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18. By clicking the “I Agree” button or by otherwise subscribing to or using the Company Services you represent that you are at least 18 years of age.
9. Account Activity Responsibility.
9.1. User Accounts.
In order to use certain aspects of the Company Services, you will have to register and create an account (“User Account”). When creating your account for the Company Services, you agree to provide true, accurate, current, and complete information. You further agree to maintain and update your personal information as needed to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number), you agree to immediately notify Company. You may be liable for the losses incurred by Company or others due to any unauthorized use of your account.
9.2. Administrator Accounts.
The person who first completes the Company Services registration on behalf of any Subscribing Organization is the initial “Administrator” for purposes of such Subscribing Organization’s use of the Company Services, and exercises certain options to initially determine the level of access, privacy, and security for the Company Services related to the Subscribing Organization (“Administrator Account”). For example, the Administrator will determine who can be a User of the Company Services under the organization associated with that Administrator and Subscribing Organization and the level of privileges that such Users will possess. Upon becoming an Administrator, each person will be deemed to agree to the obligations hereunder. In addition, any person designated as the billing contact in the Company Services billing record for a Subscribing Organization will be deemed to assume the rights and obligations of an Administrator. Administrator Accounts must comply in all respects with Section 7.1 above. ADMINISTRATORS ARE FULLY AND SOLELY RESPONSIBLE FOR ALL ACTIVITY OCCURRING UNDER THE APPLICABLE SUBSCRIBING ORGANIZATION ACCOUNT.
By uploading any brand logo or trademarks to the Company Service, you hereby grant to Company a limited, non-exclusive, non-transferable license (except as expressly provided herein), with no right to sub-license, to display your branding, logos, and trademarks on the Company Services. Unless otherwise approved in writing by you, Company will not remove, obscure, or alter any such marks incorporated within your account on the Company Services. You fully and solely control the placement of your brand logo or other marks on the Company Services. Company acknowledges that all goodwill generated through Company’s use of such brand logos or trademarks will inure to your benefit and Company hereby assigns and will assign to you any and all goodwill generated through Company’s use of such marks, without any payment or other consideration of any kind to Company. Notwithstanding the foregoing, Company and its designees reserve the right, in their sole and absolute discretion, to remove branding, logos, and trademarks that may violate third-party rights.
9.4. System Access.
You may choose to allow Company to automatically retrieve data from your system(s) account on your behalf. You hereby represent and warrant that you have the permission, authority, and rights to allow Company to so automatically access such system(s) and you hereby grant Company permission to access your system(s) and retrieve information therefrom by indicating the same within your Company Services User Account. Company disclaims any and all liability associated with accessing and retrieving Information from your system(s) on your or your Subscribing Organization’s behalf. IF AT ANYTIME YOU DO NOT HAVE THE RIGHT AND AUTHORITY TO ALLOW COMPANY AUTOMATIC ACCESS TO YOUR SYSTEM(S), THEN YOU HEREBY AGREE TO IMMEDIATELY DISABLE SUCH FUNCTIONALITY WITHIN YOUR SUBSCRIBER, ADMINISTRATOR, AND/OR SUBSCRIBING ORGANIZATION ACCOUNT.
9.5. Account Information.
You acknowledge and agree that Company may access, preserve and disclose your account information and related contents if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Information violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Company, its users, or the public.
10. Payment Terms; Charges and Taxes.
10.1. You are responsible for paying any applicable fees and applicable taxes associated with the Company Services in a timely manner with a valid payment method. Unless otherwise stated, all fees are quoted in U.S. Dollars. All payments must be made electronically by the methods specified within the Company Services. We do not accept cash or checks. You agree to pay for all services that you purchase through the Company Services, and we may charge your selected payment method for any such fees owed. You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number, or expiration date) and to notify Company if your selected payment method is cancelled (e.g., for loss or theft).
10.2. You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your co-workers, colleagues, team-members, etc.). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Company Services, including, but not limited to, sales, use, or value-added taxes. To the extent Company is obligated to collect such taxes, the applicable tax will be added to your billing account.
10.3. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preferences within the Company Services; provided, however, that such notice will not affect charges submitted before Company could reasonably act. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you ordered the applicable service. You agree that charges may be accumulated as incurred and may be submitted as one or more aggregate charges during or at the end of the applicable billing cycle.
10.4. Company reserves the right to change the amount of, or basis for determining, any fees or charges for the Company Services we provide, and to institute new fees, charges, or terms effective upon prior notice to our Users. You will receive notice of any fee change at least five days before the scheduled date of the transaction and failure to cancel your account as set forth herein will constitute acceptance of such fee change. Any changes to fees will apply only on a prospective basis. If you do not agree to any such changes to fees, charges, or terms, your sole remedy is to cancel your subscription. Fees paid for any subscription term are paid in advance and are not refundable in whole or in part. If you have a balance due on any Company Services account, you agree that Company can charge these unpaid fees to any payment method that you have previously provided.
10.5. Your Company Services will be automatically renewed and your credit card account (or other payment method account) will be charged as follows without further authorization from you: (i) every month for monthly subscriptions; (ii) upon every one year anniversary for annual subscriptions; (iii) such other periodic rate you have selected from among the options offered on the Company Services.
10.6. For annual subscriptions, you will have thirty days after the date that any renewal fee is posted to your account to give notice that you want to cancel your subscription, and the subscription will be cancelled upon receipt of such notification and a credit will be posted to your account equal to the latest renewal fee charged. For monthly accounts or other accounts with a periodic subscription cycle of less than one year, there are no refunds for cancellations for periodic charges. For monthly subscriptions, you must cancel your subscription within the Company Services at least five business days prior to the first day of the next calendar month to avoid being charged the renewal fee for such month. For all other subscriptions, you must cancel your subscription within the Company Services at least five business days prior to the first day of the next subscription period to avoid being charged the renewal fee for such subscription period.
11. Users’ Rights. Upon any termination of a User’s account, Company will provide a copy of all data that has been input by or on behalf of the User into such User’s account on the Company Services. Company will provide the data in Microsoft Excel spreadsheet format within two (2) business days of such termination, to the e-mail address on file in the User’s account.
12. Restrictions. When using the Company Services you agree not to:
12.1. Upload or transmit via the Company Services pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
12.2. Use the Company Services for any purpose that is unlawful or is otherwise prohibited by these Terms;
12.3. Use the Company Services in any manner that in our sole discretion could damage, disable, overburden, or impair the services;
12.4. Attempt to gain unauthorized access to the Company Services, or any part of them, other accounts, computer systems or networks connected to the Company Services, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Company Services or any activities conducted on the Company Services;
12.5. Modify the Company Services in any manner or form, or use modified versions of the Company Services, including (without limitation) for the purpose of obtaining unauthorized access to the Company Services;
12.6. Use any robot, spider, scraper, or other automated means to access the Company Services for any purpose without our express written permission, or bypass any measures we may use to prevent or restrict access to the Company Services;
12.7. Impersonate another person or access another User’s account without that person’s permission or to violate any contractual or fiduciary relationships;
12.8. Share Company-issued passwords with any third party or encourage any other User to do so;
12.9. Misrepresent the source, identity, or content of Information transmitted via the Company Services;
12.10. Modify, adapt, translate or create derivative works based upon the Company Services;
12.11. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Company Services, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
12.12. Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Company Services to any third party; provide time sharing or similar services for any third party; or use the Company Services for any purpose other than your own internal personal or business use;
12.13. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Company Services, features that prevent or restrict use or copying of any content accessible through the Company Services or Company Services, or features that enforce limitations on use of the Company Services or Company Services;
12.14. Access the Company Services if you are a direct competitor of Company, except with Company’s prior written consent, or for any other competitive purposes; or
12.15. Collect or harvest any personally identifiable information, including account names, from the Company Services.
You acknowledge that you are solely responsible for the use of electronic mail and Short Message Service (SMS) in connection with the Company Services. You represent and warrant that you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in your use of the Company Services.
14. Violations; Termination.
You agree that Company, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Company. In addition, Company reserves the right to discontinue any aspect of the Company Services at any time, including the right to discontinue the display of any Information. You agree that any termination of your access to the Company Services or any account you may have or portion thereof may be affected without prior notice, and you agree that Company will not be liable to you or any third-party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Company Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Company may have at law or in equity.
15. User Provided Information.
15.1. Definition of User Provided Information; Ownership. Company may now or in the future permit the uploading of Information through the Company Services (“User Provided Information”), and the hosting, sharing, display and/or analysis of such User Provided Information. Users may use their account settings to control other Users’ access to their User Provided Information (“User Permissions”). Company will use its commercially reasonable efforts to apply User Permissions. However, Company does not guarantee that User Permissions will always be applied, or that your User Provided Information will be kept secure from viewing by others, or from damage or loss. Company takes no responsibility and assumes no liability for any User Provided Information that you or any other Users or third parties post or send over the Company Services. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Provided Information that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Company Services is solely your responsibility. If you want Company to remove your User Provided Information from the Company Services, please delete it as specified in the Company Services. However, Other Users may have already copied or forwarded your User Provided Information to others, making recovery impossible. Company is not responsible for any public display or misuse of your User Provided Information. You understand that whether or not such User Provided Information is displayed, Company does not guarantee any confidentiality with respect to any User Provided Information. Users retain all right, title, and interest in and to all User Provided Information.
15.2. License Grant to Company. By submitting User Provided Information to Company Services, you hereby grant to Company a worldwide, non-exclusive, sublicensable, transferable, perpetual, irrevocable, fully paid-up, and royalty-free license to use, display, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze your User Provided Information within the Company Services in any formats and through any applicable channels for the purposes of providing the applicable features and functionality of the Company Services and improving the way the Company Services work and look, and to create new features and functionality. This license does not grant Company the right to use your User Provided Information for any other commercial purposes.
15.3. Limited License Grant to other Company Users. By submitting User Provided Information to Company Services, in cases where you display your User Provided Information for other Users to view or when you directly exchange or otherwise provide your User Provided Information to other Users as permitted by certain Company Services functionality and these Terms, you hereby grant to such Users of the Company Services a non-exclusive license to use, display, and reproduce such User Provided Information as necessary for such Users to use the relevant Company Services functionality or features.
15.4. License Termination. The foregoing licenses granted by you terminate as to specific User Provided Information once you remove or delete such User Provided Information from the Company Services; except for Company’s right to archive such User Provided Information in accordance with its standard policies and to use such Information in aggregate form to improve the way the Company Services work and look, and to create new features and functionality.
15.5. Required Rights. You shall be solely responsible for your own User Provided Information and the consequences of posting or publishing it. In connection with User Provided Information, you affirm, covenant, represent and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize Company and Company’s Users to use the User Provided Information uploaded by you as necessary to exercise the licenses granted by you in this Section 15, and otherwise in the manner contemplated by Company and these Terms.
15.6. User Provided Information Representations. You agree not to submit User Provided Information that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any User Provided Information that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights, rights of publicity and privacy. Company reserves the right, but is not obligated, to reject and/or remove any User Provided Information that Company believes, in its sole discretion, violates these provisions.
15.7. User Provided Information Disclaimer. You understand that when using Company Services you will be exposed to User Provided Information from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Provided Information. You further understand and acknowledge that you may be exposed to User Provided Information that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto, and agree to indemnify and hold Company, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of User Provided Information. Company does not endorse any User Provided Information or any opinion, recommendation or advice expressed therein or based upon such User Provided Information, and Company expressly disclaims any and all liability in connection with User Provided Information. If notified by a User or a content owner of User Provided Information that allegedly does not conform to these Terms, Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Provided Information, which it reserves the right to do at any time. Company does not permit copyright infringing activities on Company Services.
16. Ownership; Proprietary Rights.
The Company Services are owned and operated by Company. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Company Services provided by Company, but expressly excluding any of the foregoing owned or licensed by and posted to the Company Services at the direction of Users (including without limitation User Provided Information) (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any technology licensed by Company, which is owned by and provided by our third-party licensors, all Materials contained in the Company Services, including without limitation the intellectual property rights therein and thereto, are the property of Company or its subsidiaries or affiliated companies. All trademarks, service marks, and trade names are proprietary to Company or its affiliates and/or third-party licensors. Except as expressly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Materials or the intellectual property rights therein or thereto, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
2. Third-Party Sites, Third-party Information.
1. The Company Services may call the servers of other web sites or services solely at the direction of and as a convenience to Users (“Third-party Sites”). Company makes no express or implied warranties with regard to the Information, or other material, products, or services that are contained on or accessible through Third-party Sites. Access and use of Third-Party Sites, including the information, material, products, and services on such sites or available through such sites, is solely at your own risk.
2. YOU ACKNOWLEDGE THAT COMPANY DOES NOT MANAGE OR CONTROL THE USER PROVIDED INFORMATION THAT YOU ACCESS, STORE OR DISTRIBUTE THROUGH THE COMPANY SERVICES, AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THAT INFORMATION REGARDLESS OF WHETHER SUCH USER PROVIDED INFORMATION IS TRANSMITTED TO OR BY YOU IN BREACH OF THESE TERMS. COMPANY MAKES NO WARRANTY WITH RESPECT TO SUCH USER PROVIDED INFORMATION YOU MAY ACCESS, STORE OR DISTRIBUTE THROUGH THE COMPANY SERVICES. IN PARTICULAR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY MAKES NO WARRANTY THAT SUCH USER PROVIDED INFORMATION WILL BE FREE OF ANY VIRUS, WORM, TROJAN HORSE, EASTER EGG, TIME BOMB, CANCELBOT, OR OTHER DESTRUCTIVE OR MALICIOUS CODE OR PROGRAMS. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST COMPANY WITH RESPECT TO THIRD-PARTY AND/OR USER PROVIDED INFORMATION THAT YOU CHOOSE TO ACCESS, STORE OR DISTRIBUTE, THROUGH THE COMPANY SERVICES.
1. Security and Privacy Settings. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You understand that internet technologies have the inherent potential for disclosure. You acknowledge that you are under no obligation to provide personal or sensitive information in order to use the Company Services, and that you provide any personal or sensitive information at your own risk.
2. Disclaimers; No Warranties.
1. THE COMPANY SERVICES AND ANY THIRD-PARTY OR USER PROVIDED INFORMATION, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH COMPANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
2. COMPANY, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN COMPANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE (INCLUDING WITHOUT LIMITATION ANY FORECASTS OR PREDICTIONS RELATED TO THE PROJECT MANAGEMENT FUNCTIONALITY AND BASED UPON USER PROVIDED INFORMATION THEREIN), THAT THE COMPANY SERVICES WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT COMPANY SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. COMPANY, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF COMPANY SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT COMPANY NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THIRD-PARTY OR USER PROVIDED INFORMATION, MATERIAL, OR DATA THROUGH THE USE OF COMPANY SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH THIRD-PARTY OR SUBSCRIBER PROVIDED INFORMATION, MATERIAL, OR DATA. COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS, OR FAILURE TO STORE OR MAINTAIN ANY THIRD-PARTY OR USER PROVIDED INFORMATION.
4. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
1. Limitation of Liability.
1. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSSES OR LIABILITY RESULTING FROM LOSS OF DATA, LOSS OF REVENUE, ANTICIPATED PROFITS, OR LOSS OF BUSINESS OPPORTUNITY) THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE INFORMATION OR MATERIALS ON COMPANY SERVICES, OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
2. IN NO EVENT WILL COMPANY’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSOR’S, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF COMPANY SERVICES, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING COMPANY SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
3. YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS), AND THAT THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY.
1. Location of the Company Services. The Company Services are controlled and operated from our facilities in the United States. Company makes no representations that the Company Services are appropriate or available for use in other locations. Those who access or use the Company Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. You may not use the Company Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Company Services are solely directed to individuals, companies, or other entities located in the U.S. By using the Company Services, you are consenting to have your personal data transferred to and processed in the United States.
2. Indemnification; Hold Harmless. You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Company Services, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Provided Information or any other data that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code. Company will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by Company. Company will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same.
1. Notice. Company may provide you with notices, including those regarding changes to Company’s terms and conditions, by email, regular mail or postings on the Company Services. Notice will be deemed given twenty-four hours after email is sent, unless Company is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Company Services. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Company Services is deemed given 5 days following the initial posting.
2. Waiver. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Company.
3. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
4. Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or Company will be filed only in the state or federal courts in and for Santa Clara County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
5. Severability. If any provision of these Terms or any Guideline is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
6. Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
7. Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, shall survive such termination or expiration, including, but not limited to, Sections 2, 4, 8, 9, and 12 through 23 herein.
8. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
9. Entire Agreement. This is the entire agreement between you and Company relating to the subject matter herein and will not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by Company as set forth in Section 4 above.
10. Claims. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE COMPANY SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
11. Disclosures. The services hereunder are offered by DataSense, Inc., located at: 380 Altair Way, Sunnyvale, CA 94087. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.