email notifications, SMS, APIs, applications, and any information, text, graphics, data or other materials uploaded, downloaded or appearing on the Services
(collectively referred to as “Content“). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms.
By accessing or using the Services you agree to be bound by these Terms.
Please read the requirements of these Terms carefully. Your use of the site or certain services constitutes your agreement to comply with these Terms.
Please refrain from using the Site or the Services if you are not able to comply with these Terms.
1. Registration with prognosysdata.com
You may visit our Site without registering, but if you wish to use our Services or use other special features offered on or through prognosysdata.com,
you will need to provide us with certain information to open an account with us, including your name, address, phone number and email address.
You will also need to create a user ID and a password to protect your account information. As a registered user (“User”) of the Site, you represent and
warrant that: (i) the information provided in the Prognosys data registration form is true, accurate, current and complete; (ii) you will maintain and
update the registration information in your prognosysdata.com account to keep it true, accurate, current, and complete; and (iii) the
information in the registration form belongs to you.
2. Changes to Terms and Additional Rules of Usage
Prognosys Direct, the owner of prognosysdata.com, hereafter will be written as Prognosys, reserves the right, at any time and with or without
prior notice to you, to modify, alter or update these Terms, although such changes will not affect any pricing or payment terms agreed on in
any then-current agreements, purchase or sales orders between the parties. The date of the most recent revision will appear on this page. While Prognosys
may attempt to notify Users through their most current email address on record with us of material changes to these Terms, your continued access to the
Site and use of the Services by you will constitute your acceptance of any changes or revisions to the Terms. Notice of material changes and/or revisions
to these Terms shall be posted on the prognosysdata.com site. Prognosys also reserves the right to post, from time to time, additional rules of usage that
apply to specific parts of prognosysdata.com, which may be posted in the relevant parts of prognosysdata.com, and will be clearly identified. Your continued
use of prognosysdata.com constitutes your agreement to comply with these additional rules.
4. Suspension or Termination of Your Use
Your failure to follow the requirements of these Terms may result in suspension or termination of your access to the Services, at any time and without notice,
in addition to Prognosys’s other remedies. Prognosys further reserves the right to terminate, without notice, any User’s account and/or any User’s access to or
use of pronosysdata.com for any reason. However, whenever possible, Prognosys will notify a User of its intention to terminate such User’s account or access to or
use of prognosysdata.com prior to such termination.
6. Use of the Service by You
You may view and use the Services and the Content only in accordance with these Terms. Subject to Prognosys’s rights to rescind, described below,
you as a User are granted a single-user (unless otherwise agreed to by the parties in writing), non-exclusive, non-assignable, fully revocable,
non-transferable license to access and use the Services and the Content (the “License”). You represent and warrant that you will use the Content and
Services for legitimate business purposes related to your own sales and marketing activities and in a manner that complies with all applicable local,
state and federal laws. You may not modify, distribute, publish, license, create derivative works from, transfer, transfer in bulk, or sell any Content from
the Services, except that User may store, print or use Content downloaded from the Site or Services, and upload it into a CRM tool, for User’s own use for sales
and marketing purposes. Prognosys reserves the right to rescind your License to any Site information and/or Content that Prognosys may decide to recall for
any reason (“Recalled Data”). You agree to cease any further use of Recalled Data promptly upon notice of its recall by Prognosys, and failure to do so may
result in termination of your rights as a User.
You are responsible for the use of the Site, the Content and the Services by you and by those you authorize to use or access the
Site and/or the Services on your behalf. You may not share your account with other third parties. Users may not violate or attempt to violate the
security of the Site and/ or the Services, including, without limitation: (i) log in to a server or account that User is not authorized to access; (ii) attempt to test,
scan, probe or hack the Site and/or Services or any network used by the Site and/or the Services or to breach the security of the Site or identify any security
vulnerabilities on the Site or with the Services; (iii)) attempt to interfere with the Site by overloading, flooding, pinging, mail bombing or crashing it;
(iv) reverse engineer, decompile or disassemble any portion of the Site; and (v) use or attempt to use any spiders, robots or intelligent agents to navigate
or search any portion of the Site and/or the Services, or otherwise scrape the Site and/or the Services, to extract Content. Prognosysdata.com and the Services
may be used only as contemplated by these Terms. You agree to use the Site and the Services only for lawful purposes and you acknowledge that your failure to
do so may subject you to civil and/or criminal liability.
You may not use Content obtained through this Site, including but not limited to, email addresses, to send email to any individual unless such email communication
fully complies with all federal and state laws protecting individuals from unsolicited commercial emails, including the federal CAN-SPAM Act of 2003,
as it may be amended from time to time, 15 USC § 7701 et seq. In the event that an individual requests (“opts out”) that you stop sending him/her such email
communications, you shall do so promptly and, in any event, within the time periods specified by applicable law. You must also comply with industry standard
best practices with respect to email marketing and applicable federal and state Do-Not-Call, anti-junk fax and similar requirements.
You acknowledge and agree that Prognosys may share information about you and your account in response to law enforcement inquiries and
such law enforcement or government investigations involving your use of our Services or our Site.
9. Content and Site Information is provided “As Is”
Content and Site Information is provided “as is” with all faults. You use the Content and Site Information, as authorized herein, at your own risk. Content and
Site Information may contain errors, omissions, inaccuracies or typographical errors or may be out of date. Prognosysdata.com may change, delete or update
any Content and Site Information at any time and without prior notice. Neither Prognosys nor its Users who provide content through user content contribution
assume any responsibility regarding the accuracy of the information that is provided and use of such information is at a User’s own risk. Prognosys, its affiliates,
and its third party service providers, shall not be liable for losses or damages a User may incur due to any errors or omissions in any Content or Site Information
or any inaccurate interpretations of Content or Site Information.
10. Third Party Linkages
You acknowledge that Prognosys has not reviewed and does not endorse the content of third party sites linked to and from Prognosysdata.com and is
not responsible for the content or actions of these other sites, including those third party sites that may display Prognosys‘s logo or branding. Your linking
through Prognosysdata.com to any site is at your own risk.
11. Disclaimer of Warranty and Liability
IN NO EVENT WILL PROGNOSYSD BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE, OR ANY LINKED WEB SITE, INCLUDING WITHOUT
LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF PROGNOSYSD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR DAMAGES. IN NO EVENT WILL PROGNOSYSD WARRANT OR
GUARANTY THE CORRECTNESS, COMPREHENSIVENESS, COMPLETENESS, ACCURACY, TIMELINESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR
PURPOSE OF ANY INFORMATION, PRODUCTS, OR SERVICES ON THIS WEB SITE.
12. Third Party Linkages
For convenience, Prognosys’s blog may contain links to third party Web sites. Prognosys makes no representations or warranties about any third party Web site
that you may access through the links. By providing a link to those Web sites, Prognosys does not endorse, adopt, or otherwise accept any responsibility for the content
or use of those Web sites.
13. The Security of Prognosydata.com
We maintain physical, electronic, and procedural safeguards and personnel policies, consistent with applicable state and federal laws that are designed to
guard Prognosysdata.com, our systems and our customers’ personal information. Unfortunately, no data transmission over the Internet can be guaranteed to be
absolutely secure. As a result, while we strive to protect your personal information, Prognosys cannot ensure or warrant the security of any Content you transmit to us,
and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary so you
can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using your most current email address on record with us.
14. Jurisdiction and Governing Law
If you are a non-U.S. User of Prognosysdata.com, by visiting our Site, using its Services and/or providing us with any Content, you agree to comply with all federal
and state U.S. laws governing the Site, its Services, online conduct and acceptable Content.