Your access to this website (the "Site"), Content (as defined below), and/or the applications and services provided by Analytics Intelligence Limited, including its subsidiaries and affiliates ("Analytics Intelligence") in connection with this Site (collectively, the "myDATA") is made possible through a license between Analytics Intelligence Limited and you, your employer, or some other company you represent (the "License Company").
Content, Message Boards, and Ownership
Limitations on Your Use of the myDATA and Content
Analytics Intelligence may be subject to fees from various service providers based on script actions with their respective application programming interfaces. Analytics Intelligence reserves the right to modify its billing terms, including payment and deposit requirements, at any time, and such modified billing terms will be reflected in an updated version of such terms posted on or linked from an Analytics Intelligence website or by e-mail notification to you. If you do not consent to such modified terms, you may renegotiate or terminate the program and the associated program terms at any time by providing written notice to Analytics Intelligence within thirty (30) days of such notice.
Your access to, and use of, the myDATA system may give you access to information that is confidential to Analytics Intelligence ("Confidential Information"). Confidential Information includes any information that is clearly identified as confidential, and any written or oral information that, based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential. Such Confidential Information includes, but is not limited to, product proposals, technological processes, product forecasts, trade secrets, pre-publication patent applications, product designs, pricing information, software designs, hardware or system designs, technology specifications, source code, object code, graphic designs, report templates, proprietary financial information, systems architecture, and systems functionalities. Confidential Information also includes all copies, summaries and extracts of any Confidential Information. Confidential Information shall not include information that (i) is or becomes a part of the public domain through no act or omission of yours; (ii) was rightfully in your possession prior to the disclosure and had not been obtained by you either directly or indirectly from the Analytics Intelligence; (iii) is rightfully disclosed to you by a third party without restriction on disclosure; (iv) is independently developed by you without use of or reference to Analytics Intelligence's Confidential Information. You agree to use commercially reasonable care (but in no case less care than it uses to protect its own Confidential Information) to prevent the disclosure of the Confidential Information to any third party. You may disclose Confidential Information to the extent that such disclosure is required by law or valid order of a court or other governmental authority; provided, that you first have given sufficient and prompt written notice to Analytics Intelligence of the receipt of any subpoena or other request for such disclosure and have made a reasonable effort to obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued.
The myDATA system and mobile app are not available to competitors of Analytics Intelligence, and competitors of Analytics Intelligence are hereby expressly prohibited from using or accessing the myDATA, whether or not authorized by License Company. Furthermore, by entering the Site, you are certifying that you are not a competitor of Analytics Intelligence and that you will not share or otherwise disclose the myDATA or Content with a competitor of Analytics Intelligence. You further agree that you will not in the future engage in competitive business with Analytics Intelligence.
Limitations on Liability
ANALYTICS INTELLIGENCE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE MYDATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ANALYTICS INTELLIGENCE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Disclaimer of Warranties
Your access to and use of the myDATA systems is at your own risk. Analytics Intelligence will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the myDATA. Analytics Intelligence does not guarantee the accuracy or validity of any Content. Analytics Intelligence is not responsible for any Content disseminated through the response system or the message boards. THE MYDATA ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ANALYTICS INTELLIGENCE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
ANALYTICS INTELLIGENCE MAKES NO WARRANTY THAT THE SITE, APPLICATIONS, CONTENT OR ANY PAY-PER-CLICK WEBSITE OR INTERFACE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ANALYTICS INTELLIGENCE MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY DATA OR INFORMATION OBTAINED THROUGH THE MYDATA.
Controlling Law and Jurisdiction
Copyright 2009-2019. Analytics Intelligence Limited. Analytics Intelligence and the Analytics Intelligence logo, myDATA logo, Virtual Analyst logo and the AI Platform logo are either registered trademarks or trademarks of Analytics Intelligence Limited in the United Kingdom and/or other countries.