TERMS OF SERVICE
Please read these terms of service very carefully before using the Notice Technologies, Inc. (“Notice Technologies”) Polygraph Media report generation service (“Service(s)”). These terms of service (“Agreement”) govern you accessing and using the Service. This Agreement between you (“you”) and Notice Technologies, is subject to change by us as described below. By clicking the “I Accept” button during registration or by using the Quick Reports feature on the homepage to access data, you (i) accept this Agreement; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and Notice Technologies.
1. The Service is owned and operated by Notice Technologies, Inc. The Service may only be accessed in accordance with this Agreement. Any violation of these terms and conditions may be enforced by Notice Technologies to the fullest extent allowed by law. Notice Technologies grants to you a non-exclusive, non-transferable, limited, right to access and use the reports generated from the Service (“Report(s)”). You may use the Report(s) solely for informational purposes. You understand and acknowledge that data in the Report(s) may not be exhaustive and the analysis in the Report(s) is based on what third-party data sources provide to Notice Technologies. Notice Technologies uses all available best practices but does not verify the accuracy of data provided by such third parties. Any use of the Report(s) except as specifically described herein is strictly prohibited.
2. You shall be responsible to pay Notice Technologies’ then-current fee for the Service that you access and/or the Report(s) you receive.
3. You acknowledge and agree that Notice Technologies may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Notice Technologies’ sole discretion, without prior notice to you. In addition, the Reports require access to third party sites and such third parties may prevent Notice Technologies from generating the Report(s). If Notice Technologies ceases providing the Services or Report(s) for which you have prepaid, Notice Technologies shall refund to you a prorate amount of such prepaid fees. You may stop using the Services at any time and you understand that you will be entitled to no refund of prepaid fees if you stop using the Service. You acknowledge and agree that if Notice Technologies disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which is contained in your account.
4. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Notice Technologies, unless you have been specifically allowed to do so in a separate agreement with Notice Technologies. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Notice Technologies, you agree that you will not reproduce, duplicate, copy, sell, trade, sublicense, or resell the Services or Report(s) for any purpose. You agree that you are solely responsible for (and that Notice Technologies has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Notice Technologies may suffer) of any such breach.
5. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such materials originated, which may be you.
6. Notice Technologies reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on materials accessed through the Service. The access to third party materials does not transfer to you any commercial or promotional use rights in such materials or any portion thereof. Any use of content, or descriptions; any derivative use of the Service or its materials accessed through the Service; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Service or any materials contained therein.
7. While Notice Technologies uses reasonable efforts to include accurate and up-to-date information through the Service, Notice Technologies makes no warranties or representations as to its accuracy. Notice Technologies assumes no liability or responsibility for any errors or representations in the materials access through the Service or the Service itself.
8. The Service may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Notice Technologies is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
9. Users of the Service may post comments, survey questions, survey answers, reviews, and other materials and submit suggestions, ideas, or other information, provided, the materials do not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. You acknowledge that by accessing the Service, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Notice Technologies shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. The user agrees to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. Notice Technologies has the right (but not the obligation) to remove, prohibit, edit or discontinue any content accessed through the Service, including content that has been posted by users.
10. If you post content or submit material, unless such content or material submittal is subject to separate terms and conditions, Notice Technologies shall own such content and material and you hereby assign any rights in such content and material to Notice Technologies. In the event ownership in the content or material cannot be granted to Notice Technologies, you grant Notice Technologies and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant Notice Technologies, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. Furthermore, you represent and warrant that your use of the Service in connection with any content complies with all laws including, but not limited to, United States copyright law. You will defend and indemnify Notice Technologies and its affiliates from any claims resulting from any content or materials you provide hereunder or your use of the Service.
11. At your discretion, you may provide feedback to Notice Technologies concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to Notice Technologies. In the event ownership in the Feedback cannot be granted to Notice Technologies, you grant Notice Technologies at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that Notice Technologies may disclose that Feedback to any third party in any manner and you agree that Notice Technologies has the ability to sublicense all Feedback in any form to any third party without restriction.
12. The site from which you access the Service may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. Notice Technologies may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
13. You shall not transmit to Notice Technologies or upload to the Service any Harmful Code or use or misappropriate the data accessed through the Service for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
14. You may not use your username and password for any unauthorized purpose. Furthermore, you may not share your username or password with others.
15. Notice Technologies may retain and use, information collected in your use of the Service, provided such information does not individually identify you.
16. Notice Technologies may terminate your access to the Service for any reason at any time.
18. The materials provided through the Service are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Notice Technologies’ proprietary rights in them.
19. THE SERVICES AND MATERIALS ACCESSED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO REPORT(S), ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. NOTICE TECHNOLOGIES SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED THROUGH THE SERVICES, REPORT(S) OR USE OF DATA IN REPORT(S) OR THE SERVICES THEMSELVES. NOTICE TECHNOLOGIES MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, NOTICE TECHNOLOGIES DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. NOTICE TECHNOLOGIES IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
20. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NOTICE TECHNOLOGIES OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ACCESSED THROUGH THE SERVICE OR THE SERVICE ITSELF, EVEN IF NOTICE TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. NOTICE TECHNOLOGIES’ AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF NOTICE TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS ACCESSED FROM THE SERVICE OR THE SERVICE ITSELF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
21. This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. Notice Technologies shall not be liable to you for any delay or failure of Notice Technologies to provide the Report(s) or the Service or perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Notice Technologies. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, failure or downtime of hosting facilities, failure or downtime of third party services including, but not limited to API access.