Terms of use - PropheSee

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Terms of Use 

Welcome to the PropheSee! Before using PropheSee, please take some time to carefully read our Terms of Use below (“Terms,” Terms of Use,” or “Agreement”). The Terms below constitutes a binding contract between you and PropheSee.

 

1. Acceptance of Terms

By using the website www.PropheSee.in, including all the areas available through such website, (collectively, the “Site”), and the related services (collectively, such services, including any new features and applications, together with the Site, the “Services”) offered by PropheSee Inc., (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors – collectively “PropheSee,” “we,” “us,” and/or “our”), in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you, the user (collectively “Users,” or “you”), acknowledge and agree to these legally binding Terms of Use. You also agree to our Privacy Policy and all other operating rules, policies, and procedures that may be published on the Site by PropheSee, which are incorporated by reference. Our Privacy Policy, which describes how we collect and use information from our Users, is available at https://www.prophesee.in/privacy-policy/.

You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You agree not to use the Services in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Services.

You represent and warrant to PropheSee that: (i) all registration information you submit is accurate and truthful; (ii) you will maintain the accuracy of such information, and (iii) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (iv) will not violate any rights of PropheSee, including intellectual property rights such as copyright or trademark rights; and (v) agree to provide at your cost all equipment, software, and internet access necessary to use the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

PropheSee may, at its sole discretion, change these Terms from time to time. If changes to the Terms occur, we will notify you by posting the updated terms on the site or by email. It is your responsibility to check the Terms periodically for changes. Updated versions of the Terms will never apply retroactively and the updated Terms will give the exact date they go into effect. Your continued use of the Services following the posting of any changes to the Terms of Use means you accept those new terms. Therefore, you should review these Terms prior to each use. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by PropheSee. Your use of those services means you agree to be subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

 

2. PropheSee Services

Services and Client Description

PropheSee is a marketing analytics platform that helps our clients monitor and analyze their marketing through visual reports.

 

Creating a PropheSee Account

You may view Content (as further defined below) on the Services without registering for an account, but as a condition of using certain aspects of the Services, including marketing analytics services you are required to create an account using an email address (“User ID”) and password.

If you are under 18 years of age, you are not authorized to use the Service, with or without registering.

The PropheSee Services are made available for your internal business use. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these terms, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority or if you do not agree with these Terms, you may not sign up for or use the Services. If after your purchase, we find that you do not have authority to bind the entity for which you ordered, you will be personally responsible for the obligations in these Terms and the order you placed, including without limitation, the payment obligations. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorized representative of your company. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you.

When creating an account, you shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your Account.

You are solely responsible for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User Account without the other User’s express permission. If you discover any unauthorized use of your Account, or other known account-related security breach, you must report it to contact@prophesee.in immediately. You agree that you are responsible for anything that happens through your account until you cancel your subscription and close your account or prove that your account security was compromised due to no fault of your own.

PropheSee cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Regardless of whether you create an Account, you are still subject to the terms and conditions set forth in these Terms covering the delivery of the Services.

 

License Grant

PropheSee grants you a non-exclusive, non-transferable worldwide right to use the Services according to you chosen Subscription and Subscription term, subject to these Terms. You grant to PropheSee the non-exclusive, worldwide, right to use, copy, store, transmit, and display the information entered into the Services solely to the extent necessary to allow access to the Services as requested by you for the purpose of providing the Subscription Services. You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the Services or any content therein; or (ii) modify, edit, reproduce, reverse engineer, alter, enhance, make derivative works based on or referring to, or in any way exploit the Services, the content, or the source code, except for modifications based on access and use of the Services specifically authorized by these Terms. All rights not expressly granted to you are reserved by PropheSee and its licensors.

 

Subscription Services

PropheSee offers a variety of marketing analysis services that automatically renew on a month to month basis (“Subscription Service”). If you purchase an automatically renewing Subscription Service, you agree to pay all charges to your account made therefor, including but not limited to applicable taxes and fees for the use of additional features not included as part of your Subscription Service. You will be charged in accordance with the billing terms in effect at the time the fee or charge becomes payable. For any Subscription Services you purchase that are charged in full upon purchase, you agree that for each renewal term of such Subscription Service (each a “Renewal Term”), the amount due for the next Renewal Term will be due and immediately payable in full as of the first day of such Renewal Term. For each Subscription Service, your charge remains for each Term no matter if you access the Dashboard or Site, or check any messages on either, during any Term. In other words, EVEN IF YOU DO NOT USE THE SUBSCRIPTION SERVICE OR ACCESS THE SERVICES, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION OF AUTOMATIC RENEWAL TERMS BELOW.

 

Cancellation of Automatic Renewal.

To cancel the automatic renewal of a Subscription Service, you must notify PropheSee of your intent to cancel by contacting us at contact@PropheSee.in or managing your account within the services. PropheSee agrees that when it receives notice of this cancellation under the conditions stated above, no further charges will be billed to your credit card automatically. Instead, invoices for Renewal Terms will be sent approximately two months before the Billing Date of the Renewal Term, with date due set no later than that Billing Date. Note that cancelling automatic renewal for a Subscription Service will not terminate your Subscription Service.

 

Promotional Trial Subscription

We sometimes offer certain customers free trial or other promotional subscriptions, which are subject to these Terms except as otherwise stated in the promotional offers. At any time before the end of a trial Term, you can cancel your subscription by calling us at (800) 773-0888. AT THE COMPLETION OF A TRIAL TERM, UNLESS YOU CHOOSE TO CANCEL, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL TERM.

 

Modifications to Service

PropheSee reserves the right to modify, suspend, or discontinue the Site or Services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason; provided, however, that, as your sole remedy, we will refund to you any prepaid fees actually paid specifically related to that service or part thereof.

You agree that PropheSee shall not be liable to your or to any third party for any modification, suspension, or discontinuation of the Services. PropheSee may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

 

Availability of the Site

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. You further understand that there may be interruptions in service or events on third-party sites, including, but not limited to, Facebook, Twitter, etc., that will affect your use of the Service (defined below) and that are beyond our control to prevent or correct. Interruptions in the Service that are beyond our control shall not serve as a basis to terminate your subscription or demand a full or partial refund of any prepaid fees.

 

3. Fees and Billing

Payment

You agree to pay PropheSee the charges incurred in accordance with these Terms. If you dispute any charges, you must inform PropheSee in writing within thirty (30) of being billed by PropheSee. Refunds will be determined on a case-by-case basis as determined by managerial discretion.

To pay for an order, you must provide PropheSee with the information necessary to process such order including: (i) your billing address, and (ii) your payment method.

Payment for the initial term of a Subscription Service (the “Initial Term”) is due at the time of purchase.

If you have not opted for automatic renewal of your Subscription Service, Renewal Terms will be invoiced approximately two months before the start date of such Renewal Terms, with date due set no later than the first day of the Renewal Term (the “Billing Date”). The Billing Date will be based on the date of your original purchase. For example, if your purchase date was June 5th, your Billing Date will be July 5th if you have a monthly Term or the next June 5th if you have an annual Term. If your purchase date is the 29th day of February, your Billing Date for renewals in non-leap-years only will fall on the 28th. If you have chosen a monthly Term and your purchase date is on the 29th through 31st day of any month, your Billing Date for renewals in months with fewer days will fall on the last day of the month.

If you have opted for automatic renewal of your Subscription Service, your Subscription Service will renew automatically at the end of the Initial Term and at the end of each Renewal Term thereafter unless and until you give notice of your intention to cancel automatic renewal or terminate your Subscription Service pursuant to this Agreement. If you do not give us notice of either such intention, your credit card will be charged for the Renewal Term of your Subscription Service on your Billing Date. PropheSee may adjust your Billing Date in subsequent Renewal Terms without notice. This will be reflected by a charge to your account on a pro-rated basis according to the number of days that have passed since the Billing Date of your latest renewal charge. Unless otherwise notified in advance by PropheSee pursuant to this Agreement, the renewal charge will be equal to the original purchase price for the Subscription Service.

 

Authorization to Charge Your Account

By creating an account and submitting your payment information to PropheSee, you authorize PropheSee to store your payment information and to charge the billing source you have provided for your account according to the Service you selected until your account is terminated.

 

Overdue charges

If you fail to pay your Order fees on time, or if your credit card payment information is entered in error or does not go through for processing and you do not update payment information upon our request, your entire Account may be suspended or cancelled. Even after your Account is suspended or cancelled, you will still have access to the Site, and you will be able to access your account information to restore your access to the Services by providing a proper billing source. After your Account is terminated, we will keep your current account settings on file for 90 days. After that time, PropheSee reserves the right to remove such settings from our servers with NO liability or notice to you.

 

Taxes

Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against PropheSee based on its income. We will invoice you for such Taxes if we believe we have a legal obligation to do so.

 

4. Rules and Conduct

As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or law. You are responsible for all of your activity in connection with the Service.

You understand and agree that you will not use the Services to engage in the prohibited conduct below:

  1. You shall not use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control.
  2. You agree not to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise commercially exploit or make the Services available to any third party, other than as expressly permitted by the Terms;
  3. You shall not use the Services to Submit Content, or use as a User ID or any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, pornographic or obscene.
  4. You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights.
  5. You shall not attempt to use any method to gain unauthorized access to any paid features of the Services;
  6. You shall not directly or indirectly: (i) decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
  7. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of PropheSee or any third party; or that impersonates any person or entity, including any employee or representative of PropheSee. Additionally, you shall not take any action that imposes or may impose (as determined by PropheSee in its sole discretion) an unreasonable or disproportionately large load on PropheSee’s or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; bypass any measures PropheSee may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

If for any reason PropheSee determines that you have failed to follow these rules, we reserve the right to terminate or suspend your Account, and prohibit any and all current or future use of the Site (or any portion thereof) and/or the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of PropheSee, our Users and the public. PropheSee does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

 

5. Termination of Usage

You may cancel your Account at any time; however, unless PropheSee is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from you of an actual breach, identifying specifically the nature of the breach, you are not entitled to any refunds. We may suspend or cancel your Account without notice or refund to you if you violate this Agreement. If your account is cancelled, PropheSee reserves the right to remove your Account information along with any Account settings from our servers with NO liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to all of your content (except that content stored/published to third-party websites, that data will remain on said third-party websites pursuant to those website’s terms and conditions). If you cancel the Services before the end of your current paid-up subscription period, your cancellation will take effect immediately and you will not be charged again.

You acknowledge and understand that these Terms survive termination of your Account, including our rights regarding any content you submitted to the website before your Account was terminated. Following termination of your Account, however, your license to use PropheSee’s Content automatically terminates, and PropheSee has no obligation to provide you with use of the Site. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

6. Third-Party Sites

The Services may permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion on another website of any link to the Services does not imply control of, endorsement by, or affiliation with PropheSee. Your dealings with third parties through links to such third-party websites are solely between you and such third parties. You agree that PropheSee will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. PropheSee expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third-party website or application.

Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, third parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that PropheSee shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

 

7. PropheSee Intellectual Property and User Content

Intellectual Property

Through the Site, email, websites, and other media, the Services make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users of the Services may have the ability to contribute, add, create, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content Submitted by Users.

 

Our Content

Our content is protected in many ways, including copyrights, trademarks, service marks, trade secrets, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based off our content.

You have a limited, revocable, non-exclusive, non-transferrable license to use the website and our content solely for legally permitted activities related to our Services as outlined in these Terms.

 

User Content

We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Services. PropheSee shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Site or on PropheSee's social media pages (collectively, "Feedback") and it may share with any of its affiliates. PropheSee will not be required to treat any Feedback as confidential, and will not be liable for any Feedback posted on the Site or elsewhere. Without limitation, PropheSee will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not PropheSee, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright.

To the extent that you decide to post any content (“User Content”), including Feedback, on the Services or on PropheSee’s social media pages, you agree not to, and shall not permit any third party using your account to, post or transmit any unlawful, infringing, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, indecent, harmful, offensive, hateful or racially, ethnically or otherwise unlawful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, is tortious, violates any law or contract, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. Specifically, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant PropheSee all of the license rights granted herein. PropheSee may refuse to accept or transmit User Content. Additionally, PropheSee shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.

Other than Feedback, as between us and you, you agree that you own, or have obtained the right to post, all of the content and information that you post or share on the Site. By posting any User Content, you hereby grant us a royalty free, fully paid up, perpetual, irrevocable, fully sublicensable, license and right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit your User Content in any manner we see fit. We may use your User Content in any manner for any purpose, including to advertise and promote PropheSee and the Services. We may exercise our rights anywhere in the world.

You specifically waive any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section; and the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

 

8. Claims of Copyright or Trademark Infringement

PropheSee will remove infringing materials if properly notified that Content infringes copyright or trademarks of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify PropheSee at contact@PropheSee.in or by mail to PropheSee Inc. Attention: PropheSee Inc., 2035, Sunset Lake Road,Suite B-2,New Castle, Newark-19702.Your email must contain the following information:

For Copyrights

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site, sufficient for PropheSee to locate the material; your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

For Trademarks

  • Company name (trademark holder)
  • Description of trademarked word or symbol
  • Registration number and office of registration
  • Specific details of infringement
  • Your full legal name
  • Your title
  • Email address
  • Company street address
  • A statement that you understand that we may provide third parties, including the affected user, with a copy of this complaint
  • A statement under penalty of perjury that you have a good-faith belief that the challenged material violates your rights
  • A statement under penalty of perjury that the information in this complaint is true and correct and that you are the trademark owner or are authorized to act on the trademark owner’s behalf

PropheSee has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. PropheSee also may terminate User accounts even based on a single infringement.

 

9. Warranty Disclaimer

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, PROPHESEE AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, "PROPHESEE") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABLITY, USE REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. PROPHESEE MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROPHESEE PARTIES ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

 

10. Limitation of Liability

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL PROPHESEE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00 USD). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, PROPHESEE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

11. Dispute Resolution and Arbitration

Informal Resolution

It is PropheSee’s goal that the Services meet your expectations and live up to our promises to you. However, there may be instances when you feel that PropheSee has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, PropheSee is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with PropheSee, you acknowledge and agree that you will first give PropheSee an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the Services being performed by sending an email to: contact@PropheSee,in or by mail to PropheSee Inc. Attention: PropheSee Inc. 2035, Sunset Lake Road,Suite-B2, New Castle, Newark-19702.. You then agree to negotiate with PropheSee in good faith about your problem or dispute for at least sixty (60) days.

 

12. Assignment

The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with PropheSee's prior written consent. Any assignment in violation of this section shall be null and void. PropheSee may assign, transfer, or delegate any of its rights and obligations hereunder without consent.

 

13. Indemnity clause

You agree to release, indemnify, and hold PropheSee harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Use or your violation of any rights of another.

 

14. Notice Policy and Your Consent

Under these Terms you are contracting with PropheSee Inc.

Notice should be addressed to PropheSee Inc. ,2035, Sunset Lake Road, Suite-B2, New Castle, Newark-19702.

For the avoidance of doubt, we are entering into this Agreement as principal and not as agent for any other PropheSee company. Subject to any permitted assignment, the obligations owed by us under this Agreement shall be owed to you solely by us and the obligations owed by you under this Agreement shall be owed solely to us.

We may give notice by means of a general notice on the Site, electronic mail to your email address in your Account, text message, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth above or at such other address as we may advise from time to time, pursuant to this provision.

 

15. Geographic Limits of Service

PropheSee make no representation that materials contained on the Services or products described or offered on or via the Site are appropriate or available for use in jurisdictions outside of India, or that these Terms comply with the laws of any other country. Accessing the Service is prohibited from territories where the Content 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. You agree that you will not access the Services from any territory where the contents are illegal, and that you, and not PropheSee, are responsible for compliance with applicable local laws.

PropheSee reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire.

 

16. Integration and Severability

These Terms and other referenced material constitutes the entire agreement between you and PropheSee with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and PropheSee with respect to the Services and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law.

 

17. No Waiver

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

18. Contact

If you have any questions regarding these Terms, please contact us at contact@PropheSee.in or by mail at the address below:

PropheSee Inc.,

Attention: PropheSee Customer Service

2035, Sunset Lake Road, Suite-B2,

New Castle, Newark-19702.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE PROPHESEE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

 

End.

28 November 2016