CORE Data Service Lab Terms and Conditions
Last updated: January 24, 2023
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities or ownership interests entitled to vote for election of directors or otherwise entitled to direct or control management.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: United States
Company (referred to as either "the Company", "We", "Us", or "Our" in these Terms and Conditions) refers to PlayCore Wisconsin, Inc., 544 Chestnut Street, Chattanooga, TN 37402.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
Data refers to Company’s proprietary database and data compilation used to provide the Service, or any portions thereof.
Device means any device that can access the Service such as but not limited to a computer, a cellphone, or a digital tablet.
Feedback means feedback, comments, or suggestions sent by You regarding the attributes, performance, or features of our Service.
Goods refer to the items offered for sale through the Service.
Orders mean a request by You to purchase Goods from Us.
Party or Parties means both the Company and You collectively.
Promotions refer to contests, sweepstakes, or other promotions offered through the Service.
Service refers to all information and services accessible to You through the Website.
Subscriptions refer to any services, or access to or use of the Service, offered on a subscription basis by the Company to You.
Terms and Conditions mean all terms and conditions set forth herein that form the entire agreement between You and the Company regarding Your access and use of the Service.
Third-Party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
Website refers to CORE Data Service Lab, accessible from www.coredataservicelab.com or app.coredataservicelab.com.
You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acceptance and Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by, and to comply with, all of the Terms and Conditions set forth herein. If You disagree with any part of these Terms and Conditions then You may not access or use the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. By accessing or using the Service, You represent and warrant that you are of legal age to form a binding contract with the Company and meet the eligibility requirements in these Terms and Conditions. If You do not meet all of these requirements, You may not access or use the Service.
By placing an Order for Subscription or Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
The term of Your Subscription (“Initial Term”) and the start date of your Subscription (“Effective Date”) shall be identified in Exhibit A for the Subscription available through the Service. The Company shall provide You an opportunity to renew the Subscription sixty (60) days prior to the expiration of the Initial Term or any subsequent term (each, a “Renewal Term”) at the Company’s then-current prices or any previously agreed-to price as noted in Exhibit A. The Initial Term and any Renewal Terms shall be collectively referred to as the “Term.” If Subscriber chooses not to renew its Subscription, it must notify Company in writing within sixty (60) days of the expiration of the effective Term in order to cancel the Subscription. If the Company does not receive Your written notice of cancellation sixty (60) days prior to expiration of the Subscription, the Subscription shall automatically renew for another Renewal Term at a price increase of no more than five percent (5%) of the fees paid in the Initial Term.
The Service or some parts of the Service are available only with a paid Subscription. You may be billed one or more Subscription fees for Your Subscription, depending on the type of Subscription plan you select when purchasing the Subscription.
The Company, in its sole discretion and at any time, may modify Your Subscription fees. Any Subscription fee change shall become effective at the end of the then-current Term of the Subscription.
The Company shall provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after any Subscription fee change becomes effective constitutes Your agreement to pay the modified Subscription fee amount for Your Subscription.
You shall provide the Company with accurate and complete billing information including Your full name, address, state, zip code, telephone number, and valid payment method information prior to initiating any new Subscription, placing any Order, or otherwise accessing or using any Service requiring a payment to the Company.
Should automatic billing fail to occur for any reason after You provide the required billing information, the Company shall issue an electronic invoice indicating that you must proceed with payment manually, within a specified payment deadline date or time period, by remitting the full payment corresponding to the billing period as indicated on the invoice.
All Goods purchased by You are subject to a one-time payment. Such one-time payments can be made through various payment methods We have available and that shall be identified to You either on the Website at the time of purchase, on an Order Form associated with the Goods being purchased, or otherwise identified to You by the Company.
In addition, You shall pay the Company a one-time, upfront license fee (“License Fee”) in the amount set forth in these Terms and Conditions without offset or deduction for each Subscription. You shall make the License Fee payment hereunder in U.S. dollars within thirty (30) days after the Effective Date. Your failure to make the License Fee payment when due shall be a material breach of the agreement between You and the Company defined by these Terms and Conditions.
Payment cards (e.g., credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If We do not receive the required validation or authorization from Your card issuer, You acknowledge and agree that We shall not be liable for any delay or non-delivery of Your Order.
The License Fee payable by You subject to these Terms and Conditions is exclusive of taxes and similar assessments. You are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on the License Fee payable by You hereunder, other than any taxes imposed on Company’s income.
Except as otherwise required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
License and Permitted Use
Company has initiated the Service to help determine the community impact of play, recreation and outdoor spaces. The Service considers publicly and proprietarily available health and community data to benefit as many communities as possible.
Company has created a proprietary compilation of data that it has collected and aggregated for the Service from various data sources. Company has also created a proprietary database containing its data compilation as described in Exhibit A.
The limited, non-exclusive license granted to You hereunder is solely to provide You with access to and use of the Service. All right, title, and interest in and to features and services of the Service are the proprietary and intellectual properties of the Company or its suppliers. The Service is protected by these Terms and Conditions as well as domestic and foreign contractual and intellectual property laws including but not limited to all applicable copyright, trademark, patent, and trade secret laws. Access to and use of the Service shall be governed by the terms of these Terms and Conditions. In the event of any conflict as to the interpretation or application of any terms in these Terms and Conditions, You acknowledge and agree that the terms of these Terms and Conditions shall control Your access to and use of the Service.
Subject to and expressly conditioned upon Your payment of all License Fees, Subscription fees, and other fees required by these Terms and Conditions, and Your compliance with all other terms and conditions of these Terms and Conditions, the Company hereby grants to You a non-exclusive, non-sublicensable, non-assignable, and non-transferable license to use the Data as defined by the terms of these Terms and Conditions solely for Your internal business purposes (“Permitted Use”). In Your Permitted Use of the Data, You shall provide all necessary data-source attributions and comply with all data-source usage requirements identified in these Terms and Conditions, described in the Data, described in documentation received with the Data, or as otherwise communicated to You by the Company.
You shall only use the Data for the Permitted Use and shall not disclose, release, distribute, sell, or deliver the Data, or any portion thereof, to any third party without the Company’s prior written consent. Any purpose or use not specifically authorized herein is prohibited unless otherwise agreed to in writing by the Company. Without limiting the foregoing, and except as otherwise expressly set forth in these Terms and Conditions, You shall not at any time, directly or indirectly: (i) copy, modify, or create derivative works of the Data, in whole or in part; (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Data or any portion thereof to any other persons or entities; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source of the Data or methods used to compile the Data, in whole or in part; (iv) remove any proprietary notices included within the Data; (v) publish, enhance, or display any compilation or directory based upon information derived from the Data; or (vi) use the Data in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
Company reserves all rights not expressly granted to You in these Terms and Conditions. Except for the limited rights and licenses expressly granted under this Agreement, nothing in these Terms and Conditions grants, by implication, waiver, estoppel, or otherwise, to You or any third party any intellectual property rights or other right, title, or interest in or to the Data.
The Data shall only contain the Company’s data compilation and/or database for the Service, or a licensed portion thereof, as it exists as of the Effective Date. Company shall not be obligated, and shall not be under any duty, to provide any updated version of the Data after the Effective Date, for example, should Company later modify, reorganize, supplement, or otherwise change the contents of the Data or any software tools or data structures associated with the Data after the Effective Date. Accordingly, You acknowledge and agree that You shall need to enter into a separate definitive agreement to license any updated versions of the Data after the Effective Date of Your Subscription pursuant to which You received the Data.
You shall use all reasonable legal, organizational, physical, administrative, and technical measures and security procedures to safeguard and ensure the security of the Data and to protect the Data from unauthorized access, disclosure, duplication, use, modification, or loss, including without limitation, any data-security requirements.
The Company shall offer reasonable levels of continuing support to assist You in Your use and access to the Service. The Company shall provide a help page accessible to all users of the Service. The help page shall provide access to materials, which may include one or more of a training manual, video tutorials, and FAQs, as well as access to the Company’s help desk via email or telephone.
The Company shall provide appropriate training to You relating to the use of the Service. The company shall provide regular system and project updates to You as they become available.
The Company makes commercially reasonable efforts to remain compliant with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. § 794d), as amended.
You shall indemnify, hold harmless, and, at the Company’s sole option, defend the Company from and against any losses, damages, liabilities, or costs (including attorneys’ fees) incurred by the Company resulting from any third-party claim, suit, action, or proceeding (“Third-Party Claim”) based on Your: (a) negligence or willful misconduct; or (b) use of the Data in a manner not authorized by these Terms and Conditions. You may not settle any Third-Party Claim against the Company unless such settlement completely and forever releases the Company from all liability with respect to such Third-Party Claim or unless the Company consents to such settlement, and provided that the Company shall have the right, at its sole option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms and Conditions.
You agree that Company may disclose that You are a customer of the Services in Company’s advertising, press, promotion, and similar public disclosures, including at trade shows and similar events. In addition to the foregoing, You hereby grant Company a non-exclusive license during the Term to list Your name and display Your logo as a customer on Company’s website.
Company may share your data with our resellers, distributors, or affiliates to help support Company’s Service to conduct related customer support, sales, and marketing activities on Company’s behalf.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a material breach of these Terms and Conditions, which shall entitle the Company, at its sole discretion, to immediately terminate Your account on Our Service.
You are responsible for safeguarding any password that You use to access the Service and for any activities or actions that are performed as a result of any user accessing or using any aspect of the Service under Your password, whether Your password is directly with Our Service or with a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account or password.
You acknowledge and agree that You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We are committed to protecting and respecting your privacy, and we’ll only use your personal information to administer your account and to provide the products and services you requested from us. From time to time, we would like to contact you about our products and services, as well as other content that may be of interest to you. When You create an account with Us, You acknowledge that you are agreeing to receive communications from Us. You can unsubscribe from these communications at any time.
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By uploading or otherwise posting Content to the Service, You hereby grant to the Company a royalty-free, fully paid-up, perpetual, non-exclusive license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your ownership rights to any Content that You submit, post, or display on or through the Service, and You are responsible for protecting those rights. You agree that this license includes the right for the Company to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms and Conditions.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms and Conditions, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyright rights, trademark rights, patent rights, contract rights, or any other rights of any person.
The Company is not responsible for the Content of the Service's users. You expressly understand and agree that You are solely responsible for all Content that you provide and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is deemed unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable in the sole discretion of the Company. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful content or content promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine-generated, or randomly-generated content constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Content containing or configured to install any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of a third person.
- Content infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, data privacy, right of publicity, or other rights.
- Content impersonating any person or entity, including the Company and its employees or representatives.
- Content violating the privacy of any third person.
- Content containing false or fraudulent information or features.
The Company reserves the right, but not the obligation, in its sole discretion, to determine whether or not any Content is appropriate and complies with these Terms and Conditions, and to refuse or remove such Content. The Company further reserves the right to make formatting changes, edits, or other changes to the substance, manner, or nature of any Content to place it in compliance with the requirements of these Terms and Conditions. The Company can also limit or revoke Your use of the Service if You post any such objectionable Content. As the Company cannot control all Content posted by users and/or third parties on the Service, You agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances shall the Company be liable in any way for any content, including any errors or omissions in any content, available to You through the Service, or any loss or damage of any kind incurred by You as a result of Your access to or use of any content through the Service.
Although regular backups of Content shall be performed by the Company, the Company does not guarantee no loss or corruption of data as a result of such backups.
Corrupt or invalid backup restoration points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is being performed.
The Company shall provide support and attempt to troubleshoot any known or discovered issues that may affect the data integrity of its backups of Content. You acknowledge and agree that the Company has no liability related to the integrity of Content or the failure to successfully restore backed-up Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Availability, Errors, and Inaccuracies
We are constantly updating Our offerings of Goods and the Service. You hereby acknowledge that there may be times when the Goods available through Our Service may be mispriced, described inaccurately, or unavailable, and the Company may experience delays in updating information regarding our Goods offered through the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time and without prior notice.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement by the Service, You must submit a notice alleging infringement in writing to Our copyright agent via email at firstname.lastname@example.org and include in Your emailed notice a detailed description of the alleged infringement.
The Company reserves the right to seek all available damages (including costs and attorneys' fees) for any misrepresentation by You that any Content of the Service is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification of alleged copyright infringement pursuant to the Digital Millennium Copyright Act (DMCA) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- 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.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
You can send the DMCA notification above to our copyright agent via email at email@example.com. Upon receipt of a notification, the Company shall take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
You acknowledge that, as between You and the Company, the Company owns all right, title, and interest, including all intellectual property rights, in and to all of the Company’s data compilations and databases, and all portions thereof, containing the Data. You further acknowledge and agree that: (a) the Data is an original compilation protected by United States copyright laws; (b) the Company has dedicated substantial resources to collect, manage, and compile the Data; and (c) the Data constitutes trade secrets of the Company.
Your Feedback to Us
You assign all rights, title, and interest in any Feedback You provide to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, assign, transfer, and exploit such Feedback without restriction.
Consultants, State Directors and Pilot Agencies shall also comply with the terms attached in Exhibit A.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company 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 third-party web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
You also agree not to create any links to Our Website or any feature, aspect, or content accessible through Our Service to any third-party websites or services, including but not limited to any of Your websites or services or any Third-Party Social Media Services.
The Company may terminate the license granted to You hereunder, effective immediately upon providing written notice to You, if You fail to timely pay the License Fee, any Subscription fee, or any other required fees, or if You otherwise materially breach any of Your duties or obligations set forth herein. Upon termination, You shall cease using and, at Company’s sole discretion, either delete, destroy, or return all copies of the Data in Your possession, custody, or control, and certify in writing to the Company if the Data has been deleted or destroyed.
Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE UNDER OR IN CONNECTION WITH ANY TERMS IN THESE TERMS AND CONDITIONS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, (b) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS, (c) LOSS OF GOODWILL OR REPUTATION, (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA OR BREACH OF DATA OR SYSTEM SECURITY, OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PLAYCORE WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY'S PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN ANY EVENT, HOWEVER, THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of the State of Tennessee. Any dispute or other legal action concerning this Agreement, including any arbitration or litigation proceedings shall be conducted in Hamilton County, Tennessee unless the Arbitrators identify a more suitable and agreeable venue and the Members consent to the jurisdiction and venue of any State or Federal Court located therein.
For European Union (EU) Users
The Company and Services are based in the State of Tennessee in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services, Website, or any of its content is accessible or appropriate outside of the United States. Access to the Services or Website may not be legal by certain persons or in certain countries. If You access the Services from outside of the United States, You do so on your own initiative and are responsible for compliance with local laws. If You are a European Union consumer, for example, You may benefit from an independent assessment of Your compliance with any mandatory provisions of the law of the country in which you reside.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. § 2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms and Conditions is held to be unenforceable, illegal, or invalid, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shall continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions or any portion thereof at any time. The date of the last update or revision of these Terms and Conditions shall be published at the top of these Terms and Conditions. If a revision is material, We shall make reasonable efforts to provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change shall be determined at Our sole discretion.
By continuing to access or use Our Service after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, You must stop using and accessing the Website and the Service.
These Terms and Conditions, together with any other documents incorporated herein by reference, constitute the sole and entire agreement by and between You and the Company (each a “Party” and collectively referred to as the “Parties”) with respect to the subject matter of these Terms and Conditions and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. Unless stated otherwise in these Terms and Conditions, in the event of any inconsistency between statements made in the body of these Terms and Conditions and any other documents or agreements between the Parties relating to the same or similar subject matter, the terms and conditions in the body of these Terms and Conditions shall take precedence.
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Wisconsin. Any legal suit, action, or proceeding arising out of these Terms and Conditions or the licenses granted hereunder shall be instituted exclusively in any federal or state courts of the State of Wisconsin where jurisdiction and venue are proper.
You may not assign or transfer any of your rights or delegate any of your obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without the prior written consent of the Company. Any purported assignment, transfer, or delegation in violation is null and void. These Terms and Conditions are binding upon and inures to the benefit of the Parties and their respective permitted successors and assigns.
The Data may be subject to U.S. export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Data to, or make the Data accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable U.S. and international export and data-privacy laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), with respect to the Data that is licensed hereunder.
You acknowledge and agree that a breach or threatened breach of any of its obligations would cause the Company irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the Company shall be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) must be in writing and addressed to the Parties at the addresses set forth in Exhibit A (or to such other address that may be designated by each Party from time to time in accordance with this Service or Subscription). The Parties shall deliver Notices by email (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in these Terms and Conditons, a Notice is effective only: (i) upon receipt by the receiving Party, and (ii) if the Party giving the Notice has complied with the requirements of this Section.
No amendment to or modification of the Terms and Conditions is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving.
If any provision of the Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of the Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
If you have any questions about these Terms and Conditions, You can contact us:
By email: firstname.lastname@example.org
By mail: 544 Chestnut Street, Chattanooga, Tennessee 37402 ATTN: Corporate Director of Digital Services
By phone number: (877) 762-7563