Legally Binding Agreement
By accessing the Website or Services, you represent and warrant that You have read and understood, and agree to be bound by these TOU and that You acknowledge the adequacy of consideration of this Agreement. Please review this document carefully, as it is a legally binding document between You and MiDataView (A product of Miinfotech Software Services LLP). BY ACCEPTING THIS AGREEMENT, EITHER THROUGH CLICKING ‘GO’ OR CLICKING A BOX INDICATING ACCEPTANCE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT EXECUTE AN ORDER FORM OR OTHERWISE ACCEPT THIS AGREEMENT AND MAY NOT USE THE MiDataView SERVICES. IF YOU DO NOT AGREE TO THESE TOU, YOU ARE PROHIBITED FROM ACCESSING THE WEBSITE AND THE SERVICES AND MUST EXIT IMMEDIATELY. To the maximum extent permitted and enforceable under applicable law, MiDataView reserves the right to modify the terms and conditions of this Agreement at any time, effective upon the posting of an updated version of this Agreement. You are responsible for regularly reviewing this Agreement continued use of the Services after any such changes shall constitute Your consent to such changes. Updates to the TOU will be indicated by the “Effective Date” in the Introduction section of this Agreement. If You do not agree to such modifications and updates, please exit the Website and Services immediately.
- “Content” means all materials displayed or provided by MiDataView via the Services including, but not limited to information, text, graphics, news articles, photographs, images, illustrations, audio clips and video clips. Content excludes Customer Data.
- “Customer Data” means proprietary data, documentation, information or materials provided by You to MiDataView in connection with the Services. Customer Data excludes the Content.
- “Order” means a separate online or written ordering document provided by MiDataView, e.g., the MiDataView Order Form, or other order form in substantially similar format approved by MiDataView, describing the type of Service, Subscription Term (defined below), pricing, and any restrictions other information about the Services provided by MiDataView. Each Order shall be effective when signed or electronically authorized by You and MiDataView.
- “Records” means a group of fields provided by You that store information about Your business. Information You provide as part of a Record will be treated as Customer Data and is Your Confidential Information.
- “Seat/License” means a license for a single individual to use the Subscription Services. Seats are assigned to named individual users authorized by You to Use the Subscription Services and who have been supplied user identifications and passwords by You or by MiDataView on Your behalf. You shall assign Seats to users who are Your employees, consultants, contractors and agents provided that You are responsible for their usage and may reassign Seats as required by your reasonable business requirements (e.g. reassigning seats of terminated employees). The maximum number of Seats you may Use and assign is specified in the Order and the number of Seats purchased may not be decreased during the Subscription Term.
- “Services” means Services listed on our website, Subscription Services or Professional Services.
- “Subscription Services” means the proprietary Content, data, information, products, services, online or offline applications provided by MiDataView via the Site or other internet-enabled mechanism as specified in the Order.
- “Use” means to access, provide information to or retrieve information from, visit or view the Subscription Services.
Use of certain Products may be subject to additional terms and conditions, including payment of fees, which MiDataView will post on the Site. When you register for or use such Products, such additional terms and conditions will apply and be deemed incorporated into these Terms.
MiDataView grants you a non-exclusive, non-assignable, revocable license (the "License") to access and use the Services during the term hereof, subject to all of the terms and conditions hereof, including your satisfaction of all registration, payment and/or other requirements to the extent applicable to particular Products, as described on the Site.
In using the Services, you shall not:
- violate any applicable laws, regulations or rules or any securities exchange requirements (collectively, "Laws"), including by using any Information in a manner that violates the U.S. CAN-SPAM Act of 2003, as such statute may be amended from time to time;
- Make any Information available to MiDataView if doing so would violate any applicable Laws, industry or professional codes or standards, contractual or fiduciary obligations, confidentiality obligations, or employer policies or other requirements to which you are bound;
- Transmit any information, data, images, or other materials that are unlawful, harmful, threatening, harassing, defamatory, vulgar, obscene or otherwise objectionable or that may invade another's right of privacy or infringe any intellectual property right, including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Violate or attempt to violate the security of any of the Services, including: logging in to a server or account that you are not authorized to access; attempting to test, scan, probe or hack the vulnerability of the Site or any network used by the Site or to breach security, encryption or other authentication measures; or attempting to interfere with the Site by overloading, flooding, pinging, mail bombing or crashing it;
- "Scrape" information from the Services, or use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search any portion of the Site, other than the search engine and search agents available from MiDataView on the Site and generally available to third party web browsers (e.g., Mozilla Firefox, Google Chrome and Microsoft Internet Explorer).
- Hide information about yourself if prompted by the registration form.
- develop or derive for commercial sale any data in any form that incorporates or uses any of the Information. Except with the prior written consent of MiDataView, you may not transfer or disclose any Information to anyone else. You may only use the Site for commercial purposes after registering and paying any applicable fees for one or more applicable MiDataView Services.
- You are solely responsible for the content of any submission you make to the Site.
- MiDataView does not want to receive confidential or proprietary information from you through the Site. Any information or material sent to MiDataView will be deemed NOT to be confidential
- By furnishing Information, MiDataView does not grant any licenses to any copyrights, patents, trademarks, trade secrets or other intellectual property rights other than the limited rights to use the Services, as set forth herein. All rights not expressly granted herein under the License are reserved by MiDataView.
Provision of Services
MiDataView may make improvements or changes in the Services at any time without notice.
MiDataView shall not be responsible for any failure to remove, or delay in removing, harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties except to the extent provided by law.
MiDataView will use reasonable commercial efforts to protect the integrity of data collected by you and stored with the Site. However, MiDataView shall not be liable for any loss or damage resulting from total or partial loss of your data or from any corruption of your data. Data can get lost or become corrupt as a result of a number of causes, including hardware failures, software failures or bugs, or communications failures. MiDataView recommends that you periodically back up your information and web summaries onto media not associated with MiDataView, including printing a hard copy.
MiDataView will use reasonable commercial efforts to provide the Services on a 24/7 basis but it shall not be responsible for any disruption, regardless of length.
The Site contains links to websites that MiDataView does not operate. MiDataView is not responsible for the content of these websites, and you should direct any concerns regarding these websites to their respective site administrators or webmasters.
- YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.
- IN NO EVENT SHALL MiDataView BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SERVICES. MiDataView'S LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE SERVICES FOR THE THEN-CURRENT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, MiDataView'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO USD $100.