IMPORTANT NOTE: This Agreement contains an Arbitration Provision that affects your rights under this Agreement and with respect to disputes you may have with us.
This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively, the "Services"). Everyone who uses our platform or any of our other Services must read and agrees to comply with this Agreement.If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Company, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Company.
Except as otherwise authorized by us in writing and in advance, by using our Services and/or registering an account,you hereby represent and warrant that you are NOT any of the following and you are NOT employed by or otherwise affiliated with any of the following: investment professionals, institutional investors, investment fund management, including with respect to hedge fund investing,a member of the Financial Industry Regulatory Authority (FINRA), a member of the National Association of Stock Brokers (NASB), a member of National Association of Securities Dealers (NASD), a member of any other professional trading organization, or a licensed stock broker.
Subject to the terms and conditions of this Agreement, and your compliance with all of its provisions, we hereby grant you a limited, personal, revocable, nonexclusive, nonassignable, non-sublicensable, and non-transferable license to access and use the Services for your personal, noncommercial use, through a generally available web browser, mobile device, or our other authorized applications and our channel partners (but not through scraping, spidering, crawling, or other technology or software used to access data without the express written consent of The Company), to view information, and use the Services in accordance with its applicable documentation. Except for the foregoing license, you have no other rights in and Company reserves all of its rights in and to any of the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (“Company Content”). Except as provided in this Agreement, You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Services or Company Content in any manner. If you breach this Agreement, the above license terminates automatically and you must immediately stop using all of the Services.Company may terminate this license at any time for any reason or no reason.We reserve all rights not expressly granted in this Agreement, including without limitation, title, ownership, intellectual property rights, and all other rights and interest in all related items, including any and all copies made of our website and other Services and the Company Content.
In order to access certain password-restricted areas of our Services, you must register with us for an account and create a password. Between you and third parties, your account with us belongs to you. You agree to: (1) keep your login credentials secure and confidential; (2) not permit others to use your account with us; (3) not use other Users‟ accounts; (4) not sell, trade, or transfer your account; and (5) not charge anyone for access to any portion of the Services, or not disclose any information therein. Further, you are solely responsible for maintaining the confidentiality of your login credentials and for anything that happens through your account with us whether or not such actions were taken or authorized by you, and acknowledge that we may suspend your access to or terminate your use of the Services if someone else uses your account us to engage in any activity that violates this Agreement. To close your account with us, please visit Account section after you login.
By providing Company your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt out of Service-related e-mails.We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your [Account section]. Opting out may prevent you from receiving email messages regarding updates, improvements, or offersand, at Company’s discretion, may result in your access to the Services being limited, suspended or terminated.
You agree that you will comply with this Agreement and with all applicable laws. You undertake that you shall not defraud, or attempt to defraud, us or other users, and that you shall not act in bad faith in your use of the Services. If we determine that you do act in bad faith in violation of this Agreement or if we determine that your actions fall outside of reasonable community standards, the Company may, at its sole discretion, terminate your account with us and/or prohibit you from using the Services. You specifically agree that you shall not:
a. Create an Account or access or use any part of the Service if you are under the Minimum Age (as defined below);
b. Use the Services if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals;
c. Use the Services in a manner not permitted by these Terms of Service;
d. Access, tamper with, or use non-publicly accessible areas of the Services, our computer systems, or the computer systems of our providers and partners;
e. Attempt to probe, scan, or test the vulnerability of any of our systems or network or breach any security or authentication measures;
f. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services or any part thereof;
g. Attempt to use the Services on or through any platform or service that is not authorized by us. This prohibition includes accessing or attempting to access any of the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services;
h. Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or the mobile devices of other users of the Services;
i. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
j. Create false personas, multiple identities, multiple accounts, set up an account on behalf of someone other than yourself;
k. Obtain or attempt to obtain passwords or other private information from other users of the Services, including but not limited to, personally identifiable information or financial information;
l. Collect, use, copy, or transfer any information, including but not limited to personally identifiable information, obtained from any of the Services, except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
m. Share information, including but not limited to personally identifiable information, about any non-Users without their express consent;
n. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of any of the Services;
o. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Service;
p. Utilize or copy information, content, or any data you view on or obtain from our Services to provide any service that is competitive, in our sole discretion, with the Company;
q. Imply or state, directly or indirectly, that you are affiliated with or endorsed by us unless you have entered into a written agreement with us (this includes, but is not limited to, representing yourself as an our accredited trainer if you have not been certified by us as such);
r. Rent, lease, loan, trade, sell, and/or re-sell access to any of the Services or any information provided on or through any of the Services, or the equivalent, in whole or part, except as specifically authorized by this Agreement;
s. Sell, sponsor, or otherwise monetize any functionality of any of the Services, without the express written permission of the Company or as specifically authorized by this Agreement;
t. Remove, cover, or otherwise obscure any form of advertisement included in or on any of the Services;
u. Copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
v. Use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Company grants the operators of public search engines revocable permission to use spiders to copy publically available materials from our web site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
aa. Transmit spam, chain letters, or other unsolicited email;
bb. Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
cc. Take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
dd. Bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;or
ee. Encourage or enable any other individual or group to do any of the foregoing.
The above list provides examples and is not complete or exclusive. We reserve the right to terminate access to your account with us or your ability to use the Services with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to any other User and/or Services. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, We will cooperate with law enforcement agencies in any investigation of alleged illegal activity on its Ser vices or on the Internet.
We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Company does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Company account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Company may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Company or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Company reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Software will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service.If and to the extent the Mobile Software originates in the United States, and is subject, as applicable, to United States export laws and regulations, the Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Company Service.
The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”):You acknowledge and agree that this Agreement is solely between you and Company, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunesSourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Company as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third-party beneficiary thereof.
To be eligible to use our Services, you must meet the following criteria, and you represent and warrant that you:
(1) are the “Minimum Age” (defined below) or older;
(2) are not currently restricted from the Services, or not otherwise prohibited from having an account,
(3) are not a competitor of The Company or are not using the Services for reasons that are in competition with The Company;
(4) will only maintain one account at any given time;
(5) will use your real name and only provide accurate information to the Company;
(6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
(7) will not violate any rights of the Company or any third party, including intellectual property rights such as copyright or trademark rights; and
(8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services. If you do not meet all of the above criteria, do not use any of the Services.
You agree to indemnify the Company and its subsidiaries, agents, licensors, 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, reasonable attorneys‟ fees and costs) related to all third-party claims, charges, investigations, etc. caused by (1) your failure to comply with this Agreement, (2) your violation of any third-party right, (3) your violation of any applicable law, rule or regulation, (4) any content that is submitted via your account, (5) your willful misconduct, (5) any other party‟s access and use of the Service with your unique username, password or other appropriate security code, and (3) your use of any of our Services.
If you think you are entitled or obligated to breach, violate, or otherwise act contrary to this Agreement for any reason (for example, a law or court order), at least thirty (30) days before you do so you agree to provide us with a detailed explanation, in writing (and, if applicable, attaching supporting documentation), to allow us to assess whether we may provide an alternative (although you agree that we are under no obligation to do so).
You consent to receiving electronic communications from the Company and its subsidiaries via any one or more of the following (as selected in our sole discretion), even if we have other contact information for you: email, messaging, phone or cell number, text message, notification via your account (by messaging within the Service, posting a banner, sending a notification, etc.), postal or courier services; or other means, even if we have other contact information for you. These electronic and non-electronic communications (i) may include notices about this Agreement, the Services, and other information, and (ii) are part of your relationship with The Company. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications are in writing.
You acknowledge and agree that the Company shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including without limitation your failure to receive critical information about the Services or changes to this Agreement.
Your use of any of our Services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations maintained by the United States Department of Commerce and sanctions programs maintained by the United States Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or Service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving U.S. origin products, including our Services or software.
By sending to the Company via any suggestion features or otherwise, any ideas, suggestions, innovations, feedback, proposals, and/or contributions of, in each case, any kind ("Contributions") you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to us rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
One of our goals is to continually update, improve, and expand our Services, and these changes sometimes require that we suspend access to the Services, which we may do at any time in our sole discretion. We may also change, limit, replace, refuse access to, suspend, or discontinue any of the Services, in whole or in part, for you or for any or all of our Users, at any time in our sole discretion. As a result, the Services to which you have access rights may be different or unavailable on any given day, and we have no obligations except as expressly stated in this Agreement. Further, we do not promise to keep showing or storing your information or materials, and we reserve the right to withhold, remove, or discard any content, with or without notice, if deemed by us in our sole discretion to be contrary to this Agreement. We have no obligation to store, maintain, or provide you a copy of any content or information that you or other Users provide when using any of the Services.
Our Services may include links to third party websites (“Third-Party Sites”) or applications (“Third-Party Apps” and, together with Third-Party Sites, “Third-Party Offerings”). Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk and you understand that this Agreement does not apply to your use of such sites. You expressly relieve Company from any and all liability arising from your use of any third-party website, service, or content.
(1) comply with legal process including but not limited to civil and criminal subpoenas, court orders, or other compulsory disclosures;
(2) enforce this Agreement;
(3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency;
(4) respond to customer service inquiries; or
The Services and Company Contentinclude the copyrights and Intellectual property rights of the Company and, except for the limited licenses granted to you in Sections 2.1 and 2.2, we reserve all of its intellectual property rights in each of the Services and Company Content.Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Big Data Federation™, Big Data Fed™, The Big Data Federation logo, PredictionValley™, the PredictionValley logo, PredictionValley Time Machine™, PhD-in-the-Cloud™, PredictAct-Profit™, and our other trademarks, service marks, graphics, and logos used in connection with our Services are trademarks or registered trademarks of Big Data Federation, Inc. in the United States and/or other countries. Other trademarks and logos used in connection with our Services may be the trademarks or registered trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks.
Unless otherwise specified in this Agreement, all information and screens appearing in the Services, including without limitation documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of the Company, Copyright © 2016 Big Data Federation, Inc., All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND, AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY ANY OF THE SERVICES OR ANYTHING RELATED TO THEM, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 4 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. WE ARE NOT RESPONSIBLE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS SUBMISSIONS OR POSTS OF ANY OTHER USER-GENERATED CONTENT) SENT THROUGH ANY PREDICTIONVALLEY SERVICE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF ANY OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES. ANY CONTENT, INFORMATION, MATERIAL, ENHANCEMENT, OR TECHNOLOGY DESCRIBED OR USED IN OR WITH THE SERVICES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH CONTENT, INFORMATION, MATERIAL, ENHANCEMENT, OR TECHNOLOGY TO US. WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ANY OF THE SERVICES, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF ANY OF THE SERVICES BY OTHER USERS; THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANYONE’S MISUSE OF YOUR IDENTITY, USER-GENERATED CONTENT, OR OTHER INFORMATION. WE DO NOT GUARANTEE THAT THE SERVICES WE PROVIDE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED D UE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS AND/OR MOBILE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, MOBILE CONNECTIVITY OR CAPACITY, INCOMPATIBILITY WITH YOUR TECHNOLOGY, AND ANY OTHER REASON.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONSUMER CONTRACTS AND, AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, agents, suppliers, employees, officers, advisors, directors, or shareholders be cumulatively liable forany special, incidental, indirect, punitive, or consequential damages or loss of use, profit, revenue, content, information, or data to you or any third partyarising from your use of, or inability to use, any Services, any Third-Party Services, or any of the Company Content on, accessed through, or downloaded from any of our Services. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. Under no circumstances will Company be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or your account or the information contained therein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE MOST RECENT QUARTERLY FEEYOU PAID TO COMPANY HEREUNDER.
This limitation of liability shall:
• Apply regardless of whether (i) you base your claim on contract, tort, statute, equity, or any other legal theory, (ii) The Company or any of our Affiliates knew or should have known about the possibility of such damages, or (iii) the limited remedies provided in this Section fail of their essential purpose; and
• Not apply to any damage that The Company or any of our Affiliates may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.3.3Investment Disclaimers
Each of our Services either is a model portfolio that provides investment ideas and/or provides information regarding investments. Each Service is available for informational purposes only. The information, research, and opinions contained in our Services have been obtained or derived from sources believed to be reliable, but we cannot guarantee its accuracy and completeness nor the opinions based thereon. You should not rely solely upon the research herein for purposes of transacting securities or other investments, and you are encouraged to conduct your own research and due diligence, and to seek the advice of a qualified securities professional before you make any investment. None of the information contained in our products constitutes, or is intended to constitute a recommendation by us of any particular security or trading strategy or a determination by us that any security or trading strategy is suitable for any specific person. Investing in the stocks chosen in any of our Services is risky and speculative. Trading in any security can result in immediate and substantial losses of the money invested. It is recommended that you only invest funds that are not allocated for other purposes, such as retirement savings, student loans, mortgages, education, or debt reduction.
We are not an investment adviser. Company is not an “investment adviser” within the meaning of any federal or state law and is not providing any “investment advice” thereunder. We make no representation regarding the advisability of investing in any investment security or investment vehicle or making use of any information and/or services we provide. Inclusion of a security within any of our products is not a recommendation by Company to buy, sell, or hold such security, nor is it considered to be investment advice. Nothing herein should be viewed as a recommendation to purchase, hold, or sell any securities or to make any investment decision.
We are not a broker-dealer. Company is not a broker-dealer and is not offering or recommending any investment products or investment in any security. No information contained herein constitutes an offering of any security, investment product, investment service or fund. Nothing herein should be viewed to address the suitability of any security for purchase by any investor. Although Company may license an investment product, we do not make any representation or warranty, express or implied, to any person who makes use of any such fund or product.
Our Information are provided to you for information purposes only and are not to be used or considered as an offer or solicitation of an offer to buy or sell securities or other financial instruments. We have not taken any steps to ensure that the securities referred to in our reports are suitable for any particular investor and nothing in this report constitutes investment, legal, accounting or tax advice. Our Information include general information that does not take into account Your individual and/or business circumstances, financial situations or needs, nor does it represent a recommendation to the User. Our Information have been obtained or derived from sources believed by the Company to be reliable, but we make no representation as to their accuracy, authority, usefulness, reliability, timeliness or completeness. We accept no liability for loss arising from the use of the information presented in this report, and we make no warranty as to results that may be obtained from the information presented in this report. Past performance should not be taken as an indication or guarantee of future performance, and no representation or warranty, express or implied, is made regarding future performance. Our Information reflect a judgment at its original date of publication by the Company and are subject to change without notice. We may have issued, and may in the future issue, other information that are inconsistent with, and reach different conclusions from the current Company Information. Our Information reflect the different assumptions, views and analytical methods of the analysts who prepared them and we are under no obligation to insure that such other Company Information are brought to the attention of any recipient of the current Company Information. Users who are not professionals or institutional investor customers of us should seek the advice of their independent financial advisor prior to making any investment decision or for any necessary explanation of its contents.
The employees and/or consultants of the Company may hold positions in securities mentioned and may trade for their own accounts. In cases where the position is held at the time of publication, appropriate disclosure is made.
You may terminate this Agreement, for any or no reason, at any time, with notice to The Company pursuant to Section 7.3. This notice will be effective upon us processing your notice. We may terminate this Agreement and your account with us for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only we or the party paying for the services may terminate your access to any Service. Termination of your account includes disabling your access to the Services and may also bar you from any future use of the Services.
We may restrict, suspend, or terminate the account of any User who abuses or misuses any of the Services. Misuse of the Services includes harassing or spamming other Users; abusing the messaging, chat, and other features; inviting people you do not know to join any networks; creating multiple or false profiles; using the Services commercially without our authorization; infringing any intellectual property rights; or any other behavior that The Company, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, we have adopted a policy of terminating accounts of Users who, in our sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
Upon termination of your account with us, you lose access to the applicable Servicesavailable to account holders. The terms of this Agreement shall survive any termination, except Section 2.1.
This Agreement or any claim, cause of action, or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access any of our Services, and notwithstanding (i) any conflicts of law principles that would apply the laws of any other jurisdiction, and (ii) the United Nations Convention for the International Sale of Goods. You and we agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the paragraph below titled “Arbitration.” You and The Company irrevocably agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims, and the parties hereby waive the right to challenge the pre-selected jurisdiction for forum non convenience or otherwise. Notwithstanding the above, you agree that we shall still be allowed to apply for injunctive remedies (or any equivalent type of urgent legal relief) in any jurisdiction.
For any claim (excluding claims for injunctive or other equitable relief), the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding nonappearance-based arbitration. In the event a party elects arbitration, that party shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. Company may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
You may cancel your Company account at any time; however, there are no refunds for cancellation. In the event that Company suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
You may contact us via mail or courier at:
Big Data Federation, Inc.
ATTN: Privacy and Legal Notices
990 Linden Dr#220, Santa Clara, CA 95050
provided that legal notices that you send via mail or courier must also be copied via email to LegalNotices@bigdatafed.com; that is, notice to us by mail or courier alone, or by email alone, shall not be effective notice and shall be void. Any notices you send without compliance with this Section shall have no legal effect. We accept service of process at the above address. You agree that we may notify you in any manner set forth in Section 2.10.
You agree that this Agreement constitutes the entire, complete, and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy, or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain our other Services, third-party content or third-party software.
We reserve the right to modify, update, add, or remove provisions of this Agreement by notifying you in any manner set forth in Section 2.10. By using any of the Services after we have changed this Agreement, you are agreeing to all the changes. If you do not agree with all of the changes, you must stop using the Services.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by this Agreement, no representations, statements, consents, waivers, or other acts or omissions by any our Affiliate or any our referrer, sales promoter, reseller, distributor, or other representative of any sort, shall be deemed legally binding on us, unless documented in a physical writing signed by a duly appointed and authorized executive officer of us.
In no event shall you seek or be entitled to rescission, injunctive, or other equitable relief, or to enjoin or restrain the operation of any of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective and void. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you pursuant to Section 2.10, The Company for any third party that assumes our rights and obligations under this Agreement.
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Services are provided by Big Data Federation, Inc. If you have a question or complaint regarding any of the Services, please contact us by writing to CUSTOMER SERVICE, Big Data Federation, Inc., 990 Linden Dr#220, Santa Clara, CA 95050, USA. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
Last modified: 01/12/2016