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Argus Insights’ Terms of Service

The following are the terms and conditions for use of the Argus Insights, Inc. (“Argus Insights”) www.argusinsights.com website (the “Site”), and its respective content together with the service that provides reports to You that is available from this Site (the “Service”). Collectively, the Service and the Site are referred to as the “Service” or the “Services”. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THE SERVICE, YOU AGREE THAT YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY THAT YOU REPRESENT AS AN AUTHORIZED EMPLOYEE OR AGENT) (“YOU”) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE (THE “TERMS OF SERVICE” OR “AGREEMENT”). IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE SERVICE, OR ANY PART THEREOF. ARGUS INSIGHTS’ PROVISION OF THE SERVICES ARE EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, TO THE EXCLUSION OF ALL OTHER TERMS, INCLUDING, WITHOUT LIMITATION, TERMS ON ANY PURCHASE ORDER; IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER BY ARGUS INSIGHTS, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE.

Argus Insights may revise these Terms of Service from time to time, including any of the policies which may be applicable to the use of the Services by posting such revisions at www.argusinsights.com/terms or any such other URL that Argus Insights may provide and we may send registered users an email notice of the change. By continuing to use the Services after Argus Insights has posted updates to the Agreement, You agree to the revisions and agree to be bound by them.

Argus Insights may offer certain Services offerings such as paid subscriptions or ad hoc paid reports and such Services will be subject to these Terms of Service as described herein. By registering to use these Services after the introduction of these Services, You agree to be bound by these Terms of Service with respect to the new Services.

ACCOUNT, PASSWORD, AND SECURITY

For certain Services that require registration, You must complete the registration process by providing Argus Insights with current, complete and accurate information including Your e-mail address (username) and password and, if applicable, payment information. You are solely responsible for the protection of your passwords and take full responsibility for Your own, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your account. You agree to notify Argus Insights immediately upon learning of any unauthorized use of Your account or any other breach of security. From time to time, Argus Insights support staff may log in to the Service under Your account in order to maintain or improve service, including to provide You with technical assistance. You hereby acknowledge and consent to such access.

USAGE

“Content” includes, without limitation, any information or data, text, software, scripts, graphics, photos, and interactive features provided by Argus Insights or its partners through the Services, including, all content in the reports that You may receive as part of the Service. Argus Insights grants to You a non-exclusive, non-transferable license to use the Site and the Service and any Content made available on or through the Service only for (a) your own personal use or (b) your internal business use. You may make copies of portions of the Content provided to you in reports and you may incorporate such copies into presentations and reports, all solely for your own personal use and/or your internal business use or the internal business use of your clients. You shall not distribute the Services or the Content or use any automated data mining tools or techniques on or in connection with the Services or reformulate any copies of the Content for use in commercial products or services or for general resale or distribution. You will comply with all applicable laws and regulations in Your use of and access to the Service and Content. You agree not to use the Site or Services for any purpose that is unlawful or prohibited by these Terms of Service. You agree to abide by all applicable local, state, national and international laws and regulations. You shall not use any robot, spider, scraper or other automated means to access the Services for any purpose. Additionally, You will not: (i) interfere or attempt to interfere with the proper working of the Site or Services or any activities conducted on the Site; or (ii) bypass any measures Argus Insights uses to prevent or restrict access to the Site or Services.

CONTENT 

Unless otherwise expressly noted on the materials within the Service, Argus Insights reserves all rights, title and interest in and to the Services and the Content, including all related intellectual property rights. You agree that the Site and Service contains Content specifically provided by Argus Insights or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly permitted in these Terms of Service, You will not nor will You allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the Service or Content; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Service; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Service; (iv) remove any proprietary notices or labels placed by the Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service.

Argus Insights may remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

The Site or Services may permit You to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Argus Insights’ control, and You acknowledge that Argus Insights is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Argus Insights or any association with its operators. Any dealings that You have with third parties, merchants or advertisers found on the Site are between You and the third party, merchant or advertiser and You acknowledge and agree that Argus Insights is not liable for any loss or claim You may have against a third party, merchant or advertiser. In no event shall Argus Insights be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party’s web site, or the information or material accessed through such web sites. You further acknowledge and agree that Argus Insights shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

FEEDBACK

Any reports, and any other materials, information, ideas, concepts, feedback and know-how provided by You to Argus Insights concerning the Service (“Evaluations”) will be the property of Argus Insights. You agree to assign, and hereby assign, all right, title and interest worldwide in the Evaluations, and the related intellectual property rights, to Argus Insights and agree to assist Argus Insights, at Argus Insights’ expense, in perfecting and enforcing such rights.

FEE SERVICES

1. Fees. Fees charged for subscriptions to certain Services or certain paid ad hoc report Services are (i) payable in U.S. Dollars and (ii) based on Services purchased and not on actual usage. Argus Insights’ current pricing policies and subscription fees are set forth on the [LINK- Pricing Page].

2. Invoicing and Payment. If You register to use any paid Services, You will provide Argus Insights with valid and updated credit card information, or with a valid purchase order. Subscription fees are billed in advance for each subscription period. If You provide credit card information, You authorize Argus Insights to charge such credit card for all Services selected by You via the Site. By using the Service, You consent to receiving electronic communications from Argus Insights. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Service. These electronic communications are part of your relationship with Argus Insights and you receive them as part of your subscription to the Service. You agree that any notices, agreements, disclosures or other communications that we send You electronically will satisfy any legal communication requirements, including that such communications be in writing.

3. Periods. You will be obligated to pay the applicable fees for the subscription term purchased by You. All monthly or annual subscriptions shall automatically renew at the then current subscription rates for additional periods equal to the expiring subscription period, unless either Argus Insights or You give the other notice of non-renewal at least 30 days before the end of the relevant subscription period. If You purchase ad hoc reports as part of the Service, Your subscription will only be for the relevant ad hoc report You have purchased.

4. Suspension of Service. If any amount owing by You under these Terms of Service for Argus Insights Services are more than 1 day past due in the case of amounts You have authorized Argus Insights to charge to Your credit card, Argus Insights may, without limiting other rights and remedies, accelerate Your unpaid fee obligations under any such agreements so that all outstanding obligations become immediately due and payable, and suspend Services to You until such amounts are paid in full.

5. Taxes. Unless otherwise stated, Service fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with its purchases hereunder. If Argus Insights has the legal obligation to pay or collect Taxes for which You are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by You, unless You provide Argus Insights with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, Argus Insights is solely responsible for taxes assessable against it based on its income, property and employees.

6. Changes to Subscription Fees. Argus Insights may change the prices of any or all subscriptions and Services upon thirty (30) days notice to You and such changes will be effective on the next renewal period of your subscription. Such notice may be provided at any time by posting the changes to the [link-pricing page]. Argus Insights will not be liable to You or to any third party for any modifications, price changes, or suspension or discontinuation of the Site or Services.

CANCELLATION 

You may cancel your paid subscription at any time by clicking on the Account link in the navigation bar at the top of the screen on the Site and closing Your account. You are solely responsible for properly canceling Your account through this link, and except as set forth in the refunds section above, an email or phone request to cancel Your account will not be considered effective or proper for cancellation. Argus Insights will cancel Your account upon notice of account closure. All of Your saved data may be immediately deleted from the Service upon cancellation, and this information may not be recoverable once Your account is canceled. If You cancel Your account before the end of Your current paid up subscription period, Your cancellation will not relieve You from the remainder of Your selected subscription period and no refunds will be due for any prepaid fees for the current subscription period. If You cancel Your account before the end of Your subscription period but have not paid all of the applicable fees for the subscription period, You agree to pay for any unpaid subscription fees remaining in the current subscription period regardless of Your subscription cancellation.

PROVISION OF SERVICES

Argus Insights may terminate Your access to all or any part of the Site and Services at any time, if you breach any of these Terms of Service or without notice, effective immediately.

Argus Insights or its suppliers may, at any time, without notice or liability or limit the availability in order to perform maintenance activities and to maintain session control.

Argus Insights automatically measures and monitors network performance. Argus Insights does not share information collected for the purpose of network or computer performance monitoring or for providing customized technical support outside of Argus Insights or its authorized vendors, contractors and agents.

PRIVACY 

Argus Insights’ current Site Privacy Policy is available at the URL: [link to privacy policy] and is incorporated by this reference. Your use of the Service is subject to the terms of the Privacy Policy.

WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:THE USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK, AND YOU ACKNOWLEDGE AND AGREE THAT THE SITE, CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, ARGUS INSIGHTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT, SUBSIDIARIES, AGENTS, AFFILIATES, AND THIRD PARTY LICENSORS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SITE, CONTENT, AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

a) ARGUS INSIGHTS DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE, AND (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

b) ARGUS INSIGHTS WILL NOT BE LIABLE FOR LOSS OF YOUR DATA.

LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ARGUS INSIGHTS (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT, SUBSIDIARIES, AGENTS OR AFFILIATES) OR ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, OR LOSS OF DATA, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF ARGUS INSIGHTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES. ADDITIONALLY IN NO EVENT SHALL ARGUS INSIGHTS’ AGGREGATE LIABILITY EXCEED THE GREATER OF THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00) AND THE AMOUNTS PAID BY YOU IN THE PRECEDING TWELVE (12) MONTHS. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.

INDEMNIFICATION. 

You agree to defend, indemnify and hold harmless Argus Insights from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by You; (b) the use of the Site or Services by You; (c) negligent acts, errors, or omissions by You; (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of Argus Insights; or (e) third party claims for infringement of any intellectual property rights arising from Your use of the Services or Site.

MISCELLANEOUS 

All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement shall survive such termination, cancellation or expiration. You shall not to assign or otherwise transfer, this Agreement in whole or in part, and any attempt to do so shall be void. Argus Insights may assign all or any part of this Agreement without notice and You agree to make all subsequent payments as directed. You and Argus Insights agree that Your use of the Services and this Agreement will be governed by the substantive laws of the state of California without reference to its principles of conflicts of laws. YOU AND ARGUS INSIGHTS CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN SAN FRANCISCO, CALIFORNIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including California laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Argus Insights’ failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties. Argus Insights makes no representation that the Service is appropriate or available for use in locations outside of California, and accessing the Service is prohibited from territories where such Service is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

This Agreement, including the Privacy Policy and all other policies posted on the Site, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between You and Argus Insights with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by You to this Agreement without Argus Insights’ written consent are void.

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