You agree that by registering, accessing or using our Services (described below), you are agreeing to enter into a legally binding contract with AccessData Group, Inc. (“AccessData”) (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not complete your registration and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by deleting your account and no longer accessing or using our Services.
AccessData. You are entering into this Contract with AccessData (also referred to as “we” and “us”) and AccessData will be the controller of your all Data (defined below) provided to, or collected by or for, or processed in connection with our Services. This Contract applies to Members (defined below) and visitors.
(a) Service Eligibility. To be eligible to enter into this Contract and warrant and represent that you are at least our “Minimum Age” of 18. To use the Services, you agree that: (1) you must be the “Minimum Age” or older; (2) you will only have one AccessData account, which must be in your real name or the real name of the business entity which you represent or for which you are accessing our Services; and (3) you are not already restricted by AccessData from using our Services. Creating an account with false information is a violation of our terms.
(b) Your Account. You will keep your password a secret. You will not share an account with anyone else and will follow our rules and the law. All account holders are deemed to be subscribers or members to our Services platform (“Members”). You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow the law and the terms of this Agreement. You are liable for anything that happens through your account unless you close it or report misuse.
Payment. You’ll honor your payment obligations and you specifically authorize AccessData to store your payment information. You understand that there may be fees and taxes that are added to our prices. We don't provide refunds. If you are paying for Services, you agree to pay us the applicable fees and taxes in addition to any application or Data storage fees that we may assess based upon your use of the Services and the volume of Data you submit for processing via our Services. Failure to pay these fees will result in the termination of your Services and the loss of all Data. Also, you agree that: (a) Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates); (b) We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy; (c) If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period; (d) all of your purchases of Services are subject to AccessData’s no refund policy; and (d) AccessData may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You will be provided a copy of your invoice for all Services purchased via the primary email account you provide AccessData at the time you register, subscribe or purchase Services.
Services and Messages. You authorize AccessData to provide notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices. You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address) and you agree to keep your contact information up to date.
Our Right To Access and Share Data. When you share personal or business information with AccessData or provide any information collected for investigative or analysis purposes (collectively “Data”) to us or to make use of our Services, AccessData can see, copy and use that information for its own purposes. We are not obligated to publish any Data or content on our Service.
Your License to AccessData. You own all of the Data you provide to AccessData but you also grant us a perpetual, non-exclusive license to it. As between you and AccessData, you own the content and information included within the Data you submit or deliver to us to make user of our Services, and you are granting AccessData and our affiliates the following non-exclusive license:
By submitting suggestions or other feedback regarding our Services to AccessData, you agree that AccessData can use (but does not have to) such feedback for any purpose without compensation to you. You warrant and represent to AccessData that you are the owner of all Data and content provided to us or submitted for processing to our Services. Also, you promise to only provide Data and content that you have the right to share, edit and submit to our Services and that you have the legal right (without compromising the legal rights of any third parties) to submit the Data and content to our Services.
You warrant and represent to us that you will only provide Data and content that does not violate the law nor anyone’s rights (including intellectual property rights) and that you will not use our Services for any unlawful purpose. AccessData may be required by law to remove Data and will do so without prior Notice to you as the law may require.
Assumption of Data Risk. Your use of our Services and submission of Data to AccessData, is at your own risk. We assume no liability or responsibility for the accuracy or quality of your Data and content, nor are we responsible in any way for the activities of any third parties. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. AccessData generally does not review content provided by our Members or others nor do we warrant or make any representations regarding the accuracy or reliability of any content or data produced as a result of your use of our Services. You agree that we are not responsible for others’ (including other Members’) Data or content. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. AccessData reserves the right to limit your use of the Services as well as the right to restrict, suspend, or terminate your account if AccessData believes that you may be in breach of this Contract or law or are misusing the Services.
Intellectual Property Rights. AccessData reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. AccessData, logos and other AccessData trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of AccessData.
Disclaimer and Limit of Liability
A. No Warranty
TO THE EXTENT ALLOWED UNDER LAW, ACCESSDATA AND ITS AFFILIATES (AND THOSE THAT ACCESSDATA WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
B. Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS ACCESSDATA HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), ACCESSDATA AND ITS AFFILIATES (AND THOSE THAT ACCESSDATA WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). YOU ASSUME ALL RISKS OF DATA LOSS, REGARDLESS OF THE PRESENCE OR ABSENCE OF FAULT ON THE PARTY OF YOU OR ACCESSDATA, SERVICE INTERRUPTIONS AND ALL OTHER FORMS OF DAMAGES OR LOSSES WHICH CAN OR MAY OCCUR WHEN USING THE SERVICES.
IN NO EVENT SHALL THE LIABILITY OF ACCESSDATA AND ITS AFFILIATES (AND THOSE THAT ACCESSDATA WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR SERVICES, IF ANY, OR (B) US $100.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ACCESSDATA AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF ACCESSDATA OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Termination. Both You and AccessData may terminate this Contract at any time without notice to the other. On termination, you lose the right to access or use the Services and all Data not removed by You from our Services. The following shall survive termination: (a) Data you shared through the Service to the extent copied or re-shared prior to termination; (b) Sections 9, 10 and 11 of this Contract; and (c) any amounts owed by either party prior to termination remain owed after termination.
Governing Law and Dispute Resolution. In the unlikely event we end up in a legal dispute, AccessData and you agree to resolve it in Utah courts using Utah, specifically excluding its conflict of laws rules. Utah law shall exclusively govern any dispute relating to this Contract and/or the Services. You and AccessData both agree that all claims and disputes can be litigated only in the federal or state courts in Salt Lake County, State of Utah USA, and you and AccessData each agree to personal jurisdiction in those courts.
No Relationship. Nothing in this Contract shall be construed to create any relationship of principal and agents, nor that of partnership or joint venture. Neither party may bind the other with any obligations other than as specifically stated herein.
Waivers. Any delay, omission or failure to exercise any right or remedy under this Contract shall not constitute a continuing waiver or acquiescence in the event giving rise to such right or remedy.
Force Majeure. Neither party will be liable to the other for any failure or delay in performing its obligations under this Contract due to any cause beyond its reasonable control, including, without limitation, fire, flood, earthquake or other natural catastrophes, acts of war, terrorism or civil disobedience, governmental acts, laws or regulations, embargoes, labor strikes or difficulties, transmitters, telecommunications or Internet services, vandals or hackers.
Legal Fees. If either party brings legal action to enforce its rights under this Contract, the prevailing party in such action shall be entitled to receive all costs and expenses, including but not limited to fees of attorneys and costs of court incurred by the prevailing party in investigating and prosecuting (or defending) such action, and in any appeal thereof.
Severability. The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision of this Contract.
No Assignment. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. AccessData may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.