Effective Date: October 1, 2017
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL. PLEASE READ IT CAREFULLY BEFORE AGREEING.
Data Gran, Inc. (hereinafter "Data Gran," "we" or "us"), provides this website, product and the services, functionality data, information, tools, updates and similar materials delivered or provided by us (the "Services") subject to your agreement to and compliance with the conditions set forth in this Terms of Service Agreement (the "Agreement").
This Agreement sets forth the legally binding terms and conditions governing your use of the Services, and the use by the entity on whose behalf you sign up. If you do not agree to these terms and conditions, you may not use the Services.
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you during the Term a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to access and receive the Services and the materials thereon that are intended to be displayed publicly. No rights not explicitly listed are granted.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
We do not represent or warrant that access to the Services will be error-free or uninterrupted, and we do not guarantee that users will be able to access or use the Services, or their features, at all times. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any part thereof, with or without notice.
The Services may be used to place advertisements and perform data analysis and other analytics; however, we cannot guarantee the results of any such services.
Certain data displayed by the Services relies on the receipt of underlying data from third-party sources. Such data sources may not be real time or accurate, which may result in delays or inaccuracies in the displayed information.
The Services may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.
The materials appearing on the Services, including but not limited to summaries, descriptions, publications and any other such materials, are not intended to and DO NOT constitute legal, medical, financial, investment, business or professional advice of any kind. Those accessing the materials appearing on the Services should not act upon them without first seeking relevant professional counsel, as these materials are general in nature, and may not apply to particular circumstances.
Circular 230 Disclosure: Pursuant to U.S. Treasury Department Regulations, we are required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this Website, App or Services, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
You must be over the age of 18 to register an account or use the Services. By using the Services, you represent that you meet this minimum age requirement.
Some parts or all of the Services may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend or eliminate these eligibility requirements at any time.
You are not eligible to use the Services if doing so would violate any U.S. law or regulation, including but not limited to export controls or restrictions.
As more fully described on the Services, certain elements of the Services may require fees for access.
We may use a third-party payment processor (the "Payment Processor") to charge you through an online account for use of the Software. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor.
You agree to pay us, through the Payment Processor, all charges for purchases made by you, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method").
WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.
If you wish to cancel your subscription, you may do so at any time through your account. Any charges incurred prior to cancellation are non-refundable.
You understand and agree that in order to use certain functions of the Services, you may be asked by us to provide certain credentials or other login information for third-party services ("Credentials").
You are under no obligation to provide Credentials to us; however, if you do, you represent and warrant that you are authorized to provide these Credentials to us for use in connection with the Services, and that the Credentials are and will be true and accurate throughout the Term of this Agreement.
By providing the Credentials, you understand and agree that we may post content or materials to the subject accounts.
You agree that we may store and use the Credentials in accordance with our Privacy Policy.
Your use of the Services is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.
You agree that you will not violate any applicable law or regulation in connection with your use of the Services.
You agree not to distribute, upload, make available or otherwise publish through the Services any content that:
You must keep your user name and password and any other information needed to login to the Services, if applicable, confidential and secure. We are not responsible for any unauthorized access to your account or profile by others.
BY USING THE SERVICES YOU AGREE AND ACKNOWLEDGE THAT WE PROVIDE THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES IN EXCESS OF $500.00, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES.
You agree that any claim or dispute arising out of or relating in any way to your use of the Services will be resolved solely and exclusively by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of New York shall govern this Agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: hi@datagran.co
Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect.
You and us agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Both you and us agree that parties have each waived any right to a jury trial.
You agree to defend, indemnify and hold us harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses arising out of or based on (a) your submissions or content, (b) your use of the Services, (c) your violation of the Agreement, and (d) any unlawful conduct engaged in through the use of Services.
If you believe in good faith that any material posted on our Services infringes the copyright in your work, please contact our copyright agent designated under the Digital Millennium Copyright Act (DMCA).
For complaints, questions or notices under this Agreement, please contact us at: hi@datagran.co
Last updated: October 1, 2017