© Copyright 2020, Public Insight Data Corporation. Patent pending. All rights reserved. No portion of the Service may be reproduced, copied, distributed, or revised without written permission.
THESE TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS") GOVERN ALL USE OF THE PUBLIC INSIGHT SERVICE (THE "SERVICE," AS DEFINED BELOW). IF CUSTOMER OR ANY OF ITS AUTHORIZED USERS ACCESSES OR USES THE SERVICE OR ANY PART THEREOF, CUSTOMER AND ITS AUTHORIZED USERS AGREE TO AND SHALL BE BOUND BY THESE TERMS AND CONDITIONS.
YOU MUST BE THIRTEEN (13) YEARS OF AGE OR OLDER TO USE THE SERVICE, and By entering into this agreement with public insight, you represent and warrant that you are eighteen (18) years of age or older.
The "Service" includes (i) each website offered or maintained by Public Insight, (ii) the Public Insight Interactives computer service platform and all related tools, interfaces and services, (iii) access to analytical datasets connected through XMLA connections (the "Exported Data"), (iv) all other services provided by Public Insight through or relating to the Public Insight platform, including all software, data, text, images, sound, video and other Content included within or made available or developed using the Public Insight platform, and (v) all additions, changes, revisions or alterations made to any of the foregoing at any time. Only Authorized Users, as defined below, may access and use the Service. Use of Exported Data is further subject to the terms and conditions as defined below.
Subject to Customer's and its Authorized Users' compliance with this Agreement, Public Insight grants Customer and its Authorized Users a limited, non-exclusive, non-sublicensable right and license to access and use the Service and to access, use, adapt and transform Content for Customer's informational, non-commercial, and personal use (the "License"). Public Insight expressly reserves any and all other rights not specifically granted under the License.
Customer solely is responsible for its access to and use of the Service, the access and use of the Service by its Authorized Users, and anyone else acting for or on its behalf. Neither Customer nor its Authorized Users may: access, download or modify the Service or any Content except as intended for use with the Service; use the Service or any portion of it for any illegal or unauthorized purpose or in a manner that violates any applicable laws or this Agreement; or create or modify another website, software or other service of any type or nature to duplicate or replicate the Service in whole or in part or in a manner that falsely implies association with Public Insight or the Service.
The License does not permit, and this Agreement expressly prohibits: any resale, license, sublicense, lease, transfer, assignment, distribution, time share or other commercial exploitation of the Service by making it or its functionality available to any third party, except as expressly permitted by this Agreement; creation of derivative, non-transformative works based on or using the Service or Content; and any use of data mining, robots, or other data gathering or extraction tools in connection with the Service.
The Service and its Content may not, in whole or in party, be distributed, reproduced, republished, duplicated, copied, sold, resold, visited, or otherwise exploited except as expressly permitted under the License without the express written consent of Public Insight, and may not be framed, deep-linked or otherwise enclosed or associated with any trademark, logo or other proprietary information or content (including images, text, page layout or form) without Public Insight's written consent. Customer and its Authorized Users may not use any meta tag or other "hidden text" using Public Insight' name or trademarks without its written consent. Any unauthorized use shall immediately terminate the License without notice.
"Authorized Users" are (i) Customer, where Customer is an individual, or (ii) Customer's employees, contractors, officers, and agents who are performing work for or on behalf of Customer who have been designated in advance by Customer. Each Authorized User must be at least thirteen (13) years old, and Customer represents and warrants that each of its Authorized Users meets this qualification. Only Authorized Users may access and use the Service, and Authorized Users only may access and use the Service in connection with performing work for or on behalf of Customer.
Each Authorized User may create an account, including a unique username and password if applicable, and must agree to be bound by the terms and conditions of this Agreement before accessing or using the Service. In creating and using an account, each Authorized User agrees to provide accurate, current, and complete information as may be requested by Public Insight by any registration forms relating to the Service and to maintain and promptly update the such information so that it is accurate, current, and complete. Customer and each Authorized User further agree to comply with the terms and conditions, if any, required by any providers of third-party authentication and access controls used or necessary to access the Service.
Customer and each Authorized User shall notify Public Insight of any known or suspected unauthorized use of an Authorized User's account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure or use of an Authorized User's username or password. Customer and each Authorized User are and shall be jointly and severally responsible for maintaining the confidentiality of their usernames and passwords and for restricting access to each account and computer used to access the Service. Customer accepts full responsibility for all activities that occur using any the account of any of its Authorized Users, including unauthorized use of an account.
By registering for an account, Customer and its Authorized Users consent to receive communications from Public Insight, and Public Insight may communicate with Customer and its Authorized Users by email, by posting notices on the Service, or by using any other contact information provided by Customer or its Authorized Users. Customer and its Authorized Users agree that all agreements, notices, disclosures, and other communications that Public Insight provide electronically shall satisfy any legal requirement that such communications be in writing.
Exported Data may be used for the sole purpose of the Customer and its Authorized Users. Unless otherwise agreed to by Public Insight, Customer usage of Exported Data is further limited to a single site/single location and may not be reproduced or made available in any form to be leased, rented, or distributed for re-use by anyone other than the Customer.
Limitations and Rules of Conduct
Customer and its Authorized Users shall comply with all applicable laws, rules, and regulations when accessing and using the Service. Use of the Service by Customer and its Authorized Users is conditioned on their compliance with the rules of conduct set forth in this section, and any failure to comply with such rules may result in termination of Customer's or an Authorized User's access to the Service. Subject to, and without limiting any other terms or conditions, Customer and its Authorized Users agree that they will not:
· Access or use the Service or any Content to determine a consumer's eligibility for credit or insurance for personal, family or household purposes, employment, or a government license or benefit.
· Access or use the Service or any Content at the direction or for the benefit of a third party other than as expressly permitted by this Agreement, including charging a fee-for-service for the use of the Service.
· Access or use the Service or any Content for any fraudulent or unlawful purpose.
· Access or use the Service or any Content to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Service.
· Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Service; or express or imply that Public Insight endorses any statement.
· Interfere with or disrupt the operation of the Service or the servers, networks, hardware, software, and other equipment used to make the Service available; or violate any requirements, procedures, policies, or regulations of such networks.
· Transmit or otherwise make available in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
· Restrict or inhibit any other person from using the Service (including without limitation by hacking or defacing any portion of the Service).
· Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Service.
· Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service.
· Remove any copyright, trademark, or other proprietary rights notice from the Service or any Content.
· Create a database by systematically downloading and storing Content (or any part thereof) or other materials relating to the Service.
· Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way gather Content or reproduce or circumvent the navigational structure or presentation of the Service without Public Insight's express prior written consent. Notwithstanding the foregoing, Public Insight grants the operators of public online search engines limited permission to use search retrieval applications consistent with Public Insight's robots.txt or other designation to reproduce materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials in connection with each operator's public online search service. Public Insight reserves the right to revoke these exceptions either generally or in specific instances.
The Service is patent pending, and all elements that comprise the Service, including all designs, text, audio, video, graphics, HTML, multimedia, scripts, applets, information, data, datasets tables, spreadsheets, software, other files and all other content, including all Exported Data, Customer Data and any data submitted by other users of the Service, and the selection and arrangement any of the foregoing (collectively, "Content") are owned by Public Insight or are licensed to Public Insight, with the exception of elements provided by partners, content providers, advertisers, and user contributors, as noted, that may also be protected by copyright or trademark or other rights. Public Insight' trademarks and trade dress may not be used without Public Insight's express written consent and may not be used in a manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Public Insight.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by Public Insight.
The Service may include Content relating or referencing an existing study or analytic model developed by one or more third parties. Inclusion of such Content within the Service and reference thereto does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by Public Insight. Such studies and analytic models are made available for information purposes only, and Public Insight does not assert or claim any proprietary right or interest with respect to any third-party studies or analytic models. To the extent that a third party believes that inclusion of a particular study or analytic model violates its proprietary rights with respect thereto, such third party should contact Public Insight in writing as set forth below for "Copyright Complaints."
Neither Customer nor any of its Authorized Users should submit or communicate confidential or protected information or materials (including Customer Data) to or using the Service that they do not want to become public. All data, communication or other material Customer or its Authorized Users submit, transmit or make available to Public Insight using the Service, including any questions, comments, notes, suggestions, or the like are, and will be treated as, non-confidential, non-proprietary and unprotected information unless: (i) such data, communications or other material are submitted to the Service using a tool or interface within the Service that is intended by Public Insight and configured by Customer or its Authorized User to restrict access thereto; or (ii) Public Insight agrees otherwise in writing. Public Insight shall be free to use, without compensation to Customer or an Authorized User, any ideas, concepts, know-how, techniques, or other intellectual property contained in any communication disclosed or sent to it for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products or services using or based on such information.
Customer and its Authorized Users understand and acknowledge that, when using the Service, they may be exposed to data from a variety of sources, including data submitted by other users of the Service, and that Public Insight is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to data submitted by other users of the Service. Customer and its Authorized Users further understand and acknowledge that they may be exposed to user-submitted data and other content that are inaccurate, offensive, indecent, or objectionable, and Customer and its Authorized Users agree to, and do hereby, waive any and all legal and equitable rights and remedies it may now or in the future have against Public Insight with respect thereto, and agree to indemnify and hold harmless Public Insight, its owners and operators, directors, officers, employees, agents, affiliates, sponsors, donors, and licensees harmless from and against any claims, damages, costs, liabilities, and expenses (including but not limited to attorneys' fees) relating thereto. PUBLIC INSIGHT RESERVES THE RIGHT, AND HAS ABSOLUTE DISCRETION, TO REMOVE, SCREEN OR EDIT ANY CUSTOMER DATA POSTED OR STORED IN THE SERVICE AT ANY TIME AND FOR ANY REASON WITHOUT NOTICE, AND CUSTOMER AND ITS AUTHORIZED USERS ARE SOLELY RESPONSIBLE FOR CREATING BACKUP COPIES OF AND REPLACING ANY CUSTOMER DATA POSTED OR STORED IN THE SERVICE AT THEIR SOLE COST AND EXPENSE.
The Service may contain links to other websites operated by third parties. Public Insight makes no representations or warranties regarding any websites, information or content that may be accessible through this Service that is not maintained, controlled, or created by Public Insight. Public Insight does not endorse such sites and is not responsible for such websites, information, and content.
Customer and its Authorized Users may submit data, datasets, data structures, spreadsheets, entries, text, documents, materials, information and other content (collectively, "Customer Data") in appropriate, designated areas of the Service so long as such content is not illegal, obscene, pornographic, indecent, lewd, suggestive, harassing, abusive, inflammatory, fraudulent, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Customer shall be solely responsible for the Customer Data submitted by it or any of its Authorized Users and the consequences of submitting, posting, or publishing such Customer Data. If Customer or any of its Authorized Users choose to make any personally-identifiable information or other information available through or in connection with use of the Service, Customer and its Authorized Users do so at their own risk. Notwithstanding the foregoing, Customer and its Authorized Users are strictly prohibited from submitting any Customer Data that is unlawful or that is considered protected health information under the Health Accountability and Portability Protection act of 1996, as amended, or the Health Information Technology for Economic and Clinical Health Act of 2009, as amended, or any data or information the release of which is prohibited or restricted by state or federal law.
By submitting Customer Data, Customer and the Authorized User submitting the Customer Data each represents and warrants that: (i) it owns or has the necessary licenses, rights, consents and permissions to submit, use and authorize Public Insight to possess, copy, make available to others, and otherwise use the Customer Data in connection with the Service, including all patent, trademark, trade secret, copyright and other proprietary rights in and to any and all Customer Data; (ii) submissions and use of the Customer Data in connection with the Service does not violate these terms and conditions and will not cause injury to any person or entity; and (iii) Customer has the written consent, release, or permission or legal right to use the name or likeness of each and every identifiable person identifiable from any Customer Data sufficient for inclusion and use of the Customer Data in the manner contemplated by the Service and these terms and conditions.
By submitting Customer Data, Customer and its Authorized Users hereby grant Public Insight a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, fully-sublicensable and transferable right and license to use, reproduce, distribute, modify, adapt, publish, translate, analyze, prepare derivative works of, display, perform, make available to others, and otherwise exploit in any manner the Customer Data in furtherance of its business, including in connection with the Service; provided, however, that Public Insight will not make available to other users of the Service Customer Data that Customer or an Authorized User restricts using the appropriate privacy and security settings within the Service. Customer and its Authorized Users hereby acknowledge that they have received good and valuable consideration in exchange for the license granted hereunder and that neither is entitled to any further compensation for any use or other exploitation of any Customer Data.
Public Insight selectively offers varying portions of the Service, including different Content, features, tools, utilities, and other services, at specified levels and pricing (each, a "Service Tier"). Public Insight reserves the right to determine or change from time to time and in its sole discretion the portions of the Service and Content included within, the pricing for, and the customers and users to which each Service Tier is available.
By subscribing to a Service Tier, Customer agrees to pay all applicable service fees for use of the Service by each of its Authorized Users. Unless otherwise agreed to in writing by the parties, access to and use of the Service is provided on a periodic basis determined at the time of subscription and automatically renews for a like period upon the conclusion of the then-current period unless and until Customer or Public Insight cancels the Customer cancels the subscription. Upon cancellation of a subscription, the Customer's License, and the License of each of its Authorized Users shall terminate effective immediately.
Customer authorizes Public Insight to charge the payment method designated by Customer for all fees and any applicable taxes for its subscription to a Service Tier and Customer authorizes Public Insight to obtain pre-approval from its credit card issuer, if applicable. Otherwise, Public Insight will invoice Customer and Customer shall pay each invoice upon the stated invoice billing terms. Any unpaid amounts shall be subject to interest of one and one-half percent (1.5%) per month, or the maximum allowable by law, and Public Insight may terminate a Customer's subscription
All fees are nonrefundable and there are no refunds or credits for partially used periods. Public Insight may change the fees and the terms of the Service Tier at any time or add new fees and charges from time to time in its discretion, which changes shall become effective as of the start of the subsequent renewal.
Public Insight may offer new or updated features in connection with the Service ("Beta Features") as part of a public beta program (the "Program"). Customer's and its Authorized Users' participation in the Program does not create a legal partnership, agency, or employment relationship with Public Insight. Use of Beta Features and participation in the Program is governed by this Agreement. Beta Features are provided on an "AS IS" and "AS AVAILABLE" basis and may contain errors or inaccuracies that could cause failures, corruption, or loss of data and/or information from device and from peripherals (including, without limitation, servers, and computers) connected thereto. Public Insight strongly encourages all Program participants to backup all data and information prior to and during participating in any Program. Customer and its Authorized Users expressly acknowledge and agree that all use of the Beta Features is at their sole risk. CUSTOMER AND ITS AUTHORIZED USERS ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF THEIR DEVICES AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. Public Insight may or may not provide technical or other support for the Beta Features. Public Insight reserves the right to modify the Program (including ceasing the Program) at any time with or without notice and may revoke or discontinue participation in the Program at any time. Public Insight may provide Program participants with the opportunity to submit comments, suggestions, or other feedback regarding use of the Beta Features, and Public Insight will be free to use any feedback provided for any purpose.
Public Insight provides the Service on an "as is" and "as available" basis only and makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the Content. Without limiting the foregoing, Public Insight DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. While Public Insight makes reasonable efforts to include accurate, complete, and up-to-date information on the Service, it makes no representations or warranties as to the accuracy, completeness, or timeliness of any Content, assumes no liability or responsibility for any errors or omissions in the Content, and reserves the right to change, correct or update the Service and its Content at any time in its sole discretion without notice. While Public Insight endeavors to make access and use of the Service safe and secure, it cannot and does not represent or warrant that the Service, the Content, or any communications sent by or on behalf of Public Insight is or will be free of viruses or other harmful components or that it can guarantee absolute security for information within in the System. Customer and its Authorized Users are advised to use commercially-recognized software to detect and disinfect viruses and other harmful components from any download, and Customer and its Authorized Users agree that Public Insight shall not be responsible for unauthorized access to or use of such information by hackers or others who have obtained access through illegal, unauthorized, or unintended means.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by Public Insight.
Public Insight shall not be liable under any circumstances or under any legal theory for any direct, indirect, incidental, consequential, special or punitive damages or for lost revenues or profits, business failure or loss arising out of Customer's or an Authorized User's use of or reliance in any way upon the Service or any Content, regardless of whether or not Public Insight has been advised of the possibility of such damages or losses and regardless of the theory of liability arising out of, in connection with, related to, or resulting from Customer's or an Authorized User's use of or inability to use the Service, any Content, or any products or services identified, promoted, reviewed, or otherwise mentioned or identified on the Service, including without limitation any damages caused by or resulting from reliance on any Content made available by Public Insight, or that results from mistakes, omissions, interruptions, deletions of files, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from any acts of God, communications failure, theft, destruction or unauthorized access. In no event shall Public Insight's aggregate liability, whether in contract, warranty, tort, product liability, strict liability, or any other theory, arising out of or relating to the use or inability to use the Service exceed the fees actually paid by Customer to Public Insight in the preceding twelve (12) months. In jurisdictions that do not allow the exclusion or limitation of certain damages, Public Insight's liability in such jurisdictions shall be limited to extent permitted by law, and the terms limiting Public Insight's liability shall be interpreted to limit Public Insight's liability to the greatest extent permitted by law.
Customer agrees to indemnify and hold harmless Public Insight, its owners and operators, directors, officers, employees, agents, affiliates, sponsors, donors, and licensees harmless from and against any claims, damages, costs, liabilities, and expenses (including but not limited to attorneys' fees) to the fullest extent allowed by law arising out of or relating in any way to Customer's and each of its Authorized Users' access to and use of the Service or any breach by it or them of these terms and conditions.
Public Insight reserves the right, without notice, in its sole discretion and in addition to its other rights and remedies, to terminate this Agreement with respect to a Customer or an Authorized User. Upon termination of this Agreement, the License granted to such Authorized User (or in the case of a Customer, all of its Authorized Users) shall terminate immediately and Public Insight may block or otherwise prevent further access to and use of the Service.
Public Insight further reserves the right in its sole discretion to discontinue the Service or any features thereof at any time and without notice. Customer is solely responsible for creating and maintaining backup copies of all Customer Data and all other information relating to its use of the Service at its sole cost and expense.
Public Insight respects copyright law and expects all users of the Service to do the same. Public Insight will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide Public Insight with the following:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Public Insight to locate the material.;
· Information reasonably sufficient to permit Public Insight to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
· A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact Public Insight at the following address to make a claim or if you have any questions regarding a claim:
Public Insight Data Corporation
ATTN: Dan Quigg
526 S. Main St.
Akron, Ohio 44311
By using the Service, Customer and its Authorized Users agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute of any sort that might arise between any of them and Public Insight. Any claim, lawsuit, or other action relating to or arising out of the Service, its use by Customer or any Authorized User or this Agreement only shall be brought in the state or federal courts located in Summit County, Ohio, and Customer and its Authorized Users agree to submit to the jurisdiction of, and agree that venue is proper in, such courts in any such legal action or proceeding to the exclusion of all other jurisdictions and venues.
Absent a separate, written agreement specifically referencing these Terms and conditions, this Agreement constitutes the entire understanding and agreement between Public Insight, Customer and its Authorized Users regarding these subjects and supersedes all prior or contemporaneous oral or written communications with respect to that subject matter. This Agreement may not be modified, amended or in any way altered except by a written instrument signed both parties that references this Agreement.
The headings in this Agreement are for convenience only and do not affect its meaning or interpretation. Unless the context otherwise requires, words in the singular include the plural, and in the plural include the singular; the words of the masculine gender include the feminine and neuter; "or" means "and/or" and shall not be construed as exclusive; "including" means "including but not limited to"; "any" and "all" shall not be construed as terms of limitation; and a reference to a thing (including any right or other intangible asset) includes any part or the whole of that thing.
# # #