Effective Date: 07/30/2020
1. Website Content and Copyright
You may use the information on the Website for the purpose of evaluating Discovery Data’s Products, capabilities and processes. This Website is the property of Discovery Data and is protected by U.S. copyright law. Discovery Data grants to User the right to access and use the Website, so long as such use is for internal information purposes, and User does not alter, copy, disseminate, redistribute or republish any content or feature of this Website. User acknowledges that access to and use of this Website is subject to these Terms and any expanded access or use must be approved in writing by Discovery Data.
2. Changes or Updates to the Website
Discovery Data reserves the right to change, update or discontinue any aspect of this Website at any time without notice. Your continued use of the Website after any such change constitutes your agreement to these Terms, as modified.
3. Disclaimer of Warranties
Discovery Data does not make any warranties, expressed or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to this Website. Although Discovery Data takes reasonable steps to screen this Website for infection by viruses, worms, Trojan horses or other code manifesting contaminating or destructive properties, Discovery Data cannot guarantee that it will be free of infection or that it will be available at any particular time or location.
4. Accuracy of Information
While the information contained on this Website is believed to be reliable, the information on the Website is provided on an “as-is” basis, and Discovery Data disclaims all warranties as to the accuracy, completeness or adequacy of such information. User assumes sole responsibility for the use it makes of this Website to achieve his/her intended results.
5. Limitation of Liability
In no event will Discovery Data be liable for: (a) damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use this Website, or any information provided on this Website, or (b) any claim attributable to errors, omissions or other inaccuracies in the information provided on this Website.
In accessing and using this Website, User agrees to comply with all applicable laws and agrees not to take any action that would compromise the security or viability of this Website. Discovery Data may terminate User’s access to this Website at any time for any reason. The Terms hereunder regarding Disclaimer of Warranty, Accuracy of Information, Indemnification and Third-Party Rights shall survive termination.
User agrees to indemnify, defend and hold harmless Discovery Data, its affiliates, licensors, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of User’s use or misuse of this Website.
8. Third-Party Rights
The Terms hereunder regarding Disclaimer of Warranty, Limitation of Liability and Indemnification are for the benefit of Discovery Data, and its licensors, employees and agents, each of whom shall have the right to assert and enforce those Terms against a User.
9. General Provisions
Any provision in any written communication received by Discovery Data in connection with this Website which is inconsistent with, or adds to, these Terms is void. If any Term hereunder is determined by a court of competent jurisdiction to be invalid, all remaining Terms will remain in full force and effect.
10. Governing Law
These Terms and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the state of New Jersey, without regard to its conflicts of law principles. User consents to the jurisdiction of the courts of the state of New Jersey.
12. Restriction on Use
User will not (i) violate the security of the Website nor attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any server associated with the Website, through hacking, password timing or any other means; (ii) take nor attempt any action that, in the sole discretion of Discovery Data, imposes or may impose an unreasonable or disproportionately large burden on the Website or its infrastructure; (iii) use nor attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy or monitor any portion of the Website, any data or content found on or accessed through the Website without the prior written consent of Discovery Data; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.
13. Questions, Comments and Contact Information.
All notices to Discovery Data relating to these Terms shall be in writing and sent to firstname.lastname@example.org or the following:
12 Christopher Way, Suite 300
Eatontown, NJ 07724
Notices shall be deemed given when the email is sent, unless the sending party is notified that the email address is invalid. Unless the regular mail is returned to the sender, notice shall be deemed given three days after the regular mail is sent, in the case of domestic mail, or seven days after the regular mail is sent, in the case of international mail.