Contents of this “TOU” as below
1. General Provisions 2. License 3. User Registration and Account Creation 4. Restrictions on Use 5. Intellectual Property 6. Links to Third Party Websites 7. Disclaimer of Warranties and Limitation of Liability 8. Customer Data 9. Confidentiality 10. Indemnification 11. Compliance with Laws 12. Suspension and Termination of your Use of the Platform
You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOU. Should you choose to download content from the Service, you must do so in accordance with the TOU. Such download is licensed to you by Primary Vision ONLY for your own personal, noncommercial use in accordance with the TOU and does not transfer any other rights to you. You acknowledge that, with respect to any claim you may have relating to or arising out of Primary Vision’s actual or alleged exploitation or use of any material you submit to this site the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the exploitation or other use of any Primary Vision product or service based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
User Registration and Account Creation
As part of the registration and account creation process necessary to obtain access to certain portions of the Service, you will select a username and a password. You will provide Primary Vision with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) create an account for anyone other than yourself without permission; (iii) use a username in which another person has rights without such person’s authorization; (iv) use the Site for any illegal or unauthorized purpose. Primary Vision reserves the right to deny creation of your account based on its inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You are to notify Primary Vision immediately of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Service. Primary Vision reserves the right to terminate your account, in its sole discretion, at any time without notice. If we disable your account, you agree that you will not create another one without our permission. You may terminate your account at any time by submitting feedback, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within five business days. You are responsible for all charges incurred up to the time the account is terminated.
Restrictions on Use
Restriction to use the Platform, or permit such to be used, for purposes of product benchmarking or other comparative analysis intended for publication without Primary Vision's prior written consent; or share passwords or other access information or devices or otherwise authorize any third party to access or use the Platform to cause, in Primary Vision’s sole discretion, inordinate burden on the Platform or Primary Vision’s system resources.
Restriction to use the Platform to: (i) store or transmit inappropriate content, such as content that violates the intellectual property rights or rights to the publicity or privacy of others; (ii) store or transmit any content that contains or is used to initiate a denial of Platform attack, Site viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (iii) otherwise violate the legal rights of a third party;
Restriction to systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Restriction to sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to You with respect to the Platform to any third party; as well as remove, obscure or alter any proprietary rights notice pertaining to the Platform.
You acknowledge and agree that you are the controller of personal data and remains responsible for the obligations of a controller, including but not limited to, the responsibility for complying with any laws and regulations providing for notice, choice, and/or consent prior to transferring the personal data to Primary Vision for processing. You may not use the Platform in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
All contents of the Platform are the exclusive property of Primary Vision and/or the proprietary property of its suppliers, affiliates or licensors. Primary Vision reserves all rights to its trademarks, Platform marks and logos (collectively, the “Primary Vision Marks”). Primary Vision retains all rights in and to Primary Vision’s intellectual property, and in and to the Primary Vision Technology, and all modifications, enhancements, and other works derivative of the Primary Vision Technology. You shall not, at any time, during the Term or following termination of this Agreement, contest or aid others in contesting or doing anything which impairs the validity of any of Primary Vision’s IPR, including but not limited to the Primary Vision Technology, modifications, enhancements and other derivative works of the Primary Vision Technology, or copyrights, trade secrets or Confidential Information. You shall ensure that Primary Vision has the right to access and use Your Users’ account information and any data they upload to the Platform for the purposes of delivering the Platform, responding to any technical problems, troubleshooting and testing. You shall not use the Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Primary Vision’s prior written approval.
Links to Third Party Websites
Disclaimer of Warranties and Limitation of Liability
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY. THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. You understand that Primary Vision and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOU. Primary Vision does not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by Primary Vision, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You acknowledge that: Service is provided for information purposes only and is not intended for trading purposes; the Service may include certain information taken from stock exchanges and other sources from around the world. Primary Vision does not guarantee the sequence, accuracy, completeness, or timeliness of the Service or any information, facts, views, opinions, statements or recommendations contained on this site and/or the Service.
“Confidential Information” means non-public information that the party disclosing the information designates at the time of disclosure as being confidential, or, if disclosed orally or visually, is identified as such prior to disclosure, or which, under the circumstances surrounding the disclosure, the receiving party knows or has reason to know should be treated as confidential without the need to be marked as such. Without limiting the foregoing, Confidential Information shall include any information regarding a party’s financial condition, business opportunities, plans for development of future products, unreleased versions of products, know-how, technology, customer information, and customer data. The Platform shall be deemed ‘Primary Vision’ Confidential Information. Non-Disclosure. The receiving party shall not disclose the disclosing party’s Confidential Information to any third party and may only use the disclosing party’s Confidential Information for the intended business purpose related to these TOU and for the benefit of the disclosing party. Both parties shall protect Confidential Information from disclosure or misuse by using the same degree of care used for their own confidential information, and no less than a reasonable degree of care.
Compliance with Laws
We comply with all U.S. state and federal laws (where applicable) in our provision of the Site, the Consulting Services and our processing of Customer Data. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. (You must comply with all applicable laws related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury in your use and receipt of the Subscription Service and Consulting Services. We comply with SEC Regulation FD (Fair Disclosure) of the U.S. federal securities laws to avoid the selective disclosure of material nonpublic information for the purpose of Insider Trading. Disclosing material nonpublic information directly or indirectly to others who then trade based on that information or making recommendations or expressing opinions as to transactions in securities while aware of material nonpublic information (which is referred to as “tipping”) is illegal.
Suspension and Termination of your Use of the Platform
We reserve the right, to temporarily suspend or terminate Your access to the Platform at any time in Our sole discretion, in the event that You violate these TOU, with or without notice, without incurring liability of any kind and without cause for maintenance purposes. For example, We may suspend or terminate Your access to or use of the Platform for: (a) the actual or suspected violation of the Agreement or this TOU; (b) the use of the Platform in a manner that may cause Primary Vision to have legal liability or disrupt others’ use of the Platform; (c) the suspicion or detection of any malicious code, virus or other harmful code by You or in Your account; (d) scheduled downtime and recurring downtime; (e) use of excessive storage capacity or bandwidth; or (f) unplanned technical problems and outages. You acknowledge that if Your access to the Platform is suspended or terminated, you may no longer have access to the Platform.
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