1. What is this ActionData User Agreement about and why should you read it?
This ActionData User Agreement (referred to below as the “Agreement”) describes:
- Your rights and obligations when accessing and using the ActionData services (referred to below as the “ActionData Services”)
- ActionData’s rights and obligations towards you concerning the ActionData Services, including limitations to ActionData’s liability
By using ActionData Services, you will be entering into a contractual relationship with Cress & Company, LLC, the owner and operator of the ActionData Services and actiondata.co (referred to in this Agreement as “we”, “our”, and “us”), on the terms and conditions contained in this Agreement.
This Agreement (and any modifications to it) will represent the entire agreement between you and ActionData with respect to the ActionData Services and is different than and completely separate from your Agreement with your telephone and Internet service providers and from any and all agreements that ActionData may have with its service providers to which you are not a party.
2. How will ActionData update this Agreement and where will you be able to look at it again?
ActionData may change, add to or delete any portion of this Agreement in its discretion at any time.
Your continued use of the ActionData Service will be considered acceptance of those changes. It is your sole responsibility to monitor actiondata.co to determine whether any changes to the ActionData Agreement have been made.
A copy of the most current version of this ActionData User Agreement will be available at actiondata.co for your convenience and ease of reference. We recommend that you print and retain a copy of this Agreement for your records.
By subscribing to ActionData Services, you verify that the information provided by you in the registration process is true, accurate, current and complete to the best of your knowledge. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to believe that the information is untrue, inaccurate, not current or incomplete, we may terminate or suspend your account or refuse any or all current or future use of the ActionData Services.
ActionData may reject any application for registration for any ActionData services in its discretion without explanation.
4. Access to and use of ActionData
You agree that you must evaluate, and bear all risks associated with, the use of the ActionData Services, including without limitation, any reliance on the accuracy, completeness, legality, or usefulness of data gathered using ActionData Services.
You acknowledge and understand that the technical processing and transmission of data will involve transmissions over various networks and may involve changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to comply with all applicable local, provincial and federal laws and regulations that relate to your use of activities with respect to ActionData.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING ACTIONDATA SERVICES.
Any and all fees pertaining to the ActionData Services are in addition to any fees, including airtime or bandwidth you may be charged by your or their telephone and Internet service providers. We are not responsible for any such charges.
6. Security and Third Parties
You acknowledge and agree that the security and integrity of the ActionData Services cannot be guaranteed. You agree that our security procedures for the ActionData Services are reasonable and adequate for your use and that ActionData will not incur any liability of any kind whatsoever with respect to such security measures.
You are solely responsible for maintaining the confidentiality and security of the ActionData Services. You are solely and fully responsible for all actions and communications undertaken or transmitted while using the ActionData Services and you agree to comply with all applicable laws and regulations in connection with your use of the ActionData Services.
As a convenience to you, the ActionData Services may link to web sites operated by other entities. You acknowledge and agree that, because we have no control over those sites, we are not responsible for their availability, security, content, products or other materials on or available from such sites. Links do not imply that we endorse or are affiliated with any linked sites.
You acknowledge and agree that you are solely responsible for ensuring that all information collected by ActionData is used and disclosed in compliance with applicable privacy laws in all countries within which you operate.
8. Changes to the Functionality of actiondata.co and the ActionData Services
We may change, modify, add, remove, suspend, cancel or discontinue any aspect of the ActionData Services or actiondata.co, including the content of actiondata.co and/or the availability of any features of the ActionData Services and/or actiondata.co at any time in ActionData’s discretion.
We may also impose limits on certain features and services or restrict your access to all or part of the ActionData Service and/or actiondata.co without notice or liability at any time. ActionData may terminate your use of all or part of the ActionData Service or actiondata.co at any time in its sole discretion.
9. Indemnity and Liability
You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, losses, damages, fines, penalties, costs (including legal costs) and other liabilities of any kind whatsoever, incurred by us directly or indirectly as a result of or in connection with: (1) your use of actiondata.co and the ActionData Services in any manner that is not fully compliant with this Agreement; and (2) any content, data or other information or materials that you send, distribute, transmit or otherwise make available to any person using actiondata.co and/or the ActionData Services.
YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE THE ACTIONDATA SERVICE AND ACCESS TO ACTIONDATA.CO ON AN “AS IS” AND AN “AS AVAILABLE” BASIS, THAT YOUR USE OF ACTIONDATA.CO AND THE ACTIONDATA SERVICES IS AT YOUR OWN RISK, AND THAT WE MAKE NO REPRESENTATIONS, WARRANTIES OR COVENANTS WHATSOEVER WITH RESPECT THERETO.
FOR GREATER CERTAINTY, WE DO NOT GUARANTEE THAT THE ACTIONDATA SERVICES OR ACTIONDATA.CO WILL BE AVAILABLE, RUN DEFICIENCY-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL ERRORS OR DEFICIENCIES RELATED THERETO. WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND COVENANTS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE ACTIONDATA SERVICE AND ACTIONDATA.CO, INCLUDING REPRESENTATIONS, WARRANTIES AND COVENANTS WITH RESPECT TO MERCHANTABILITY, SATISFACTORY QUALITY, SCALABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
OUR CUMULATIVE LIABILITY, INCLUDING ANY LIABILITY OF OUR AFFILIATES, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, ADVISORS AND OTHER REPRESENTATIVES AND THOSE OF OUR AFFILIATES (COLLECTIVELY, “REPRESENTATIVES”) TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE AND OTHER DAMAGES ARISING OUT OF OR RELATED TO CLAIMS IN CONNECTION WITH THIS AGREEMENT, THE ACTIONDATA SERVICE AND ACTIONDATA.CO WILL NOT EXCEED FIVE DOLLARS (USD $5.00).
THE FOREGOING LIMITS OF LIABILITY WILL OPERATE NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR IN ANY STATUTE, REGULATION, GUIDELINE, POLICY, RULE OF LAW OR OTHER LEGAL INSTRUMENT AND APPLY REGARDLESS OF THE BASIS ON WHICH ANY PERSON IS ENTITLED TO CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT (INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH) OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR OTHER FAULT OF OURS, OUR AFFILIATES OR OUR OR OUR AFFILIATES RESPECTIVE REPRESENTATIVES), AND APPLY EVEN IF WE OR OUR AFFILIATES OR ANY OF OUR RESPECTIVE REPRESENATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITS OF LIABILITY SPECIFIED IN THIS AGREEMENT WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.
TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that we may, in our sole discretion, terminate your account (or any part thereof) at any time if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that termination of your access to the ActionData Services under any provision of this Agreement may be effected without prior notice and you acknowledge and agree that we may immediately deactivate or delete your account, including all related information and/or bar any further access to actiondata.co or the ActionData Services. You agree that we will not be liable to you or any third party for termination of your access to or use of actiondata.co or the ActionData Services. You further agree that we may change these general practices and limits at any time, in our sole discretion, without notice.
11. International Use and Choice of Law; Statute of Limitations
Use of the ActionData Service and access to and use of actiondata.co is prohibited from locations where the associated services or content is illegal. You recognize the global nature of the Internet and you agree to comply with all local rules regarding online conduct and acceptable content in any jurisdiction from which you are using actiondata.co and the ActionData Services and any jurisdiction to which you are sending messages. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data from the country in which you reside.
This Agreement will be governed by and construed in accordance with the laws of New York, United States of America (“New York”) and the laws of New York applicable therein, without giving effect to the conflicts of law provisions. For all disputes arising from or related to this Agreement, the ActionData Service or actiondata.co, you agree to submit to the personal and exclusive jurisdiction of the provincial and federal courts located in New York. You agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have with respect to your use of the ActionData Services and actiondata.co must be commenced within one (1) year after the claim or cause of action arose or forever be barred.
12. Copyright notice; Ownership
The actiondata.co Internet site is protected by copyright laws and treaty provisions. The ActionData name and logo are trademarks of Cress & Company, LLC. You agree to comply with all copyright laws in your use of actiondata.co and the ActionData Services. No part of the materials on actiondata.co, including the any and all site text and graphics, may be reproduced or transmitted without our prior written consent.
You acknowledge and agree that, as between you and us, actiondata.co and the ActionData Services are owned by us and that you do not acquire any intellectual property or other rights in them as a result of your use of actiondata.co or the ActionData Services. Any access and use rights granted to you by us with respect to actiondata.co and the ActionData Services are not to be construed as a sale, transfer, assignment or other conveyance by us of our intellectual property and other rights in actiondata.co or the ActionData Services.
You cannot assign all or part of this Agreement without first getting our written approval. We can assign all or part of this Agreement without your consent by telling you about the assignment in writing, including, if we choose, by posting notice of the assignment on actiondata.co. This Agreement will bind you, your successors and your permitted assigns and us, our successors and our permitted assigns.
This Agreement constitutes the entire agreement between you and ActionData relating to the ActionData Services and actiondata.co and may be amended or modified only as described herein.
If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement will continue in full force and effect.
You agree that our conduct, actions or failure to enforce all or part of this Agreement does not waive any of our rights hereunder or change your obligations hereunder, unless you and we agree to and sign an amendment in writing.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of this Agreement to email@example.com.