Last Updated: November 1, 2013
DataCoup empowers you to take control of your data by collecting your online and offline data in one location, helping you monitor and analyze that data through the DataCoup dashboard, and enabling you to sell that data on your own terms to third parties. You can consolidate a wide variety of information in your DataCoup account, including your financial data, demographic data, and data from your accounts with social networking sites (collectively, “your data” or “user data”). We collect some of this information directly from you. We also enable you to import data from your accounts on certain third-party platforms (each such account, a “Third Party Account”), which may include, for example, Facebook, Twitter, Foursquare, and financial institution and mobile banking websites (each, a “Third Party Platform”).
PLEASE READ THESE TERMS CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND DATACOUP. FURTHER, THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND DATACOUP ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE THE SECTION “AGREEMENT TO ARBITRATE”).
BY USING OUR APP OR ANY OF OUR SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT USE THE WEBSITE OR OUR SERVICES.
Acceptance of Terms
By accessing or using the Service, you and any organization you are authorized to represent (collectively, the "User", “you”, or “your”) signify that you have read, understood and agree to be bound by these Terms, regardless of whether or not you are a registered member of the Service. If you do not accept these Terms, or any changes thereof, then do not use or continue to use the Service.
Changes to these Terms
Please review these Terms before using the Services, as they may have changed since your last visit. We may make changes to these Terms from time to time. If we do this, we will notify you of the changed Terms and will indicate at the top of this page the date the Terms were last changed. You understand and agree that your continued use of the Service after we have made any such changes constitutes your acceptance of the new Terms, provided that any such changes shall only apply to your use of the Services after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through or signed agreement or otherwise.
At any time in our sole discretion, with or without notice, DataCoup may terminate your membership, delete your profile and any content or information that you have posted on or through the Service and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for no reason or any reason, including without limitation if DataCoup reasonably suspects that you violated any of these Terms.
At any time in your sole discretion, with or without notice, you may terminate your membership. Even after your right to use the Service is terminated or suspended, these Terms will remain enforceable against you.
Registration Data and Account Security
In order to access certain portions and features of the Service, you are required to register as a member. In connection with such registration, you agree to (A) provide accurate, current and complete information about you as may be prompted by any registration forms on the Service ("Registration Data"); (B) maintain the security of your password and identification and not share them with any third party;(C) maintain and promptly update the Registration Data and any other information you provide to DataCoup, to keep them accurate, current, and complete; and (D) be fully responsible for all uses of your account and for any actions performed using your account, in each case by you or any other person.
By registering with us and providing your e-mail address, you agree to receive all e-mail updates, alerts, and notifications to the provided e-mail address. You will have choices to opt-out of certain communication emails. Contact our support team if you believe that someone else has accessed your account without your permission. DataCoup cannot and will not be liable for any damage caused by your failure to comply with security requirements herein. DataCoup is not responsible for any damages caused by unauthorized use of your account.
Online and Mobile Alerts
As a registered user of DataCoup, you agree to receive emails and alerts from us regarding our Services. We may from time to time provide automatic alerts and voluntary account-related alerts. We may also from time to time send you push notifications or email messages with information about upcoming events, or information about our service offerings from us and our partners.
Automatic alerts may be sent to you following certain changes made online to your account with us, such as a change in your Registration Data.
Voluntary account alerts may be turned on by default as part of the Service. You may opt-out from receiving our newsletter by emailing email@example.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. We may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for datacoup.com. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number may apply to your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your datacoup.com login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
Limited License to Use the Services
Provided that you are eligible to access and use the Service and have agreed to these Terms, subject to third parties’ rights to Third Party Content (as described herein) and these Terms, we hereby grant you a limited, non- exclusive, revocable, non-transferable license to use and access the portion of Service you are eligible to use and access based on your membership with DataCoup, solely for your personal, non-commercial purposes. Except for your data and sharing of links using tools made available through the Service, you may not republish DataCoup IP (as defined below) on any internet, intranet or extranet site or incorporate the information in any other database or compilation.
The foregoing limited license is subject to and conditioned upon your continuing agreement and compliance with these Terms. Any use of the Service or DataCoup IP other than as specifically authorized herein, without the prior written permission of DataCoup or the applicable Third Party Content owner, is strictly prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause. All rights not expressly granted by DataCoup are reserved.
You are permitted to use content delivered to you through the Service only on the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Service technology, including but not limited to, any Java applets associated with the Service.
Data Aggregation and Data Analysis Services
If you choose to use our Services for consolidating your data on DataCoup and importing and account aggregation features provided through the Service, then, in addition to the other terms in these Terms, the following terms apply:
Data Retrieval; Importing. By using the Services, you authorize DataCoup or its Service Providers (as defined below) to access Third Party Accounts designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. The Services allows you to connect to your Third Party Platforms so we can check, process and deliver your data on your behalf. You may also provide us or our Service Providers with your login credentials for certain Third Party Platforms (“Third Party Login Credentials”). You hereby authorize us to utilize those Third Party Login Credentials to access your account on the Third Party Platform to provide the Services. For all purposes hereof, you hereby grant DataCoup and its third party service provider in effect from time to time (each, a “Service Provider”) a limited power of attorney, and you hereby appoint DataCoup and Service Providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN DATACOUP OR FINANCIAL VENDOR ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, DATACOUP AND FINANCIAL VENDOR ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Service is not endorsed or sponsored by any third party account providers accessible through the Service.
Aggregated Data. You hereby grant to DataCoup the non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right for DataCoup to aggregate your data, such that such aggregated data does not identify you (collectively, “Aggregated Data”), and to analyze, copy, use and disclose such Aggregated Data for any purpose. Aggregated Data is information that DataCoup generates from individualized information but subsequently maintains and uses in a form that combines information about numerous individuals so that no individual can be identified.
Accuracy. You, the end user, agree to provide true, accurate, current and complete information about yourself and your Third Party Accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
Loss of Data. You, and not DataCoup, are responsible for maintaining and protecting a separate permanent record of all of your data, if you wish to retain your data. DataCoup will not be liable for any loss or corruption of your data, or for backing up or restoring any of your data.
Liability. With respect to your data or other content transmitted or posted on or through our Services, we act as a passive conduit for such distribution and are not responsible for such content or your data. Any opinions, advice, statements, services, offers, or other information in the Services provided by users are those of the respective author(s) or distributor(s) and not of DataCoup. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such content or your data. You are responsible for ensuring that content and your data submitted to or through our Services is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity or of any applicable law. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your transmission, posting or submission of content or your data through our Services.
DataCoup facilitates the purchase of data between users and Data Purchasers by supplying a platform for users to accept or reject data requests (as defined above) from Data Purchasers. We use a third party payment service, to transfer funds to you for payments you may receive from Data Purchasers or such third party payment service may bill you for Premium Services (as defined below) as the case may be, in lieu of directly processing your payment account information. DataCoup reserves the right to charge for its Services now or in the future as set forth on our Website from time to time. If you purchase any Services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to pay DataCoup via our third party payment processing service provider. You may cancel your Premium Services as provided on the Website from time to time. The processing of payments will be subject to the terms, conditions and privacy policies of the third party payment service in addition to these Terms. You acknowledge that we may change the third party payment services from whom we accept or will transfer payments as we set forth on our Website from time to time.
DataCoup and other DataCoup graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of DataCoup in the U.S. and/or other countries. DataCoup's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of DataCoup.
Proprietary Rights in DataCoup IP
Except with respect to your data and Third Party Content (as defined below), as between you and DataCoup, all intellectual property and other materials and Content in, on or made available through the Service (the "DataCoup IP") are the proprietary property of DataCoup. Except as expressly permitted in these Terms, you shall not reverse engineer, decompile, disassemble, modify, copy, distribute, frame, reproduce, republish, downloaded, display, post, transmit, or sell the Services or DataCoup IP in any form or by any means, in whole or in part.
User Representations, Warranties, and Covenants
You represent, warrant and covenant that none of your data does or will (A) violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or (B) contain harmful, libelous, defamatory or otherwise unlawful material. You agree not to:
- harvest or collect email addresses or other contact information of Users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on or through the Service any non-public information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from minors or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass other Users;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; or
- use or attempt to use another's account, service or system without authorization from DataCoup, or create a false identity on the Service.
Links to Other Web Sites and Third Party Content
The Service contains (or you may be sent through the Service) (A) links to other web sites, (B) experience on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them (clauses (A) and (B), together, "Third Party Sites") and (C) any and all content belonging to or originating from third parties(collectively, the "Third Party Content").
DataCoup may display Third Party Sites based on your information stored with the Service. If you choose to use the Service, or purchase a product from a Third Party Site, any transaction which takes place is solely between you and the Third Party Site. DataCoup has no control over the specifics of such a transaction or agreement, and therefore assumes no part in transactions or agreements between you and a Third Party Site. Since Third Party Sites are not operated by DataCoup, you agree that DataCoup is not responsible for the accuracy or availability of such web sites, and does not endorse and liable for any content, advertising, products or other materials on or available from such web sites. You also acknowledge and agree that DataCoup is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by any such content, products or services available on or through any such Third Party Site. If you access or use the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to DataCoup are non-confidential and shall become the sole property of DataCoup. DataCoup shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
If you believe that any material on or made available through the Service infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement: Matt Hogan
Full Address of Designated Agent to Which Notification Should be Sent:175 Varick Street, 4th Floor. New york, New York 10014.
Telephone Number of Designated Agent:415-533-7492
Facsimile Number of Designated Agent:
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, DataCoup has adopted a policy of terminating, in appropriate circumstances and at DataCoup's sole discretion, the memberships of members who are deemed to be repeat infringers. DataCoup may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Neither DataCoup nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any Data Purchaser or user of the Service. DataCoup expressly disclaims any liability or claims that may arise between users of our Services or between users of our Services and third party vendors or Data Purchasers. You are solely responsible for your interactions with all other users and for your interactions with third party vendors and Data Purchasers and any disputes that arise from those interactions with other users, third party vendors, or Data Purchasers. DataCoup may monitor disputes between users third party vendors and Data Purchasers, but is not obligated to monitor, mediate, or resolve such disputes.
Because DataCoup is not responsible for or involved in any contact between users or between users and third party vendors or Data Purchasers, in the event that you have a dispute with one or more users, third party vendor, or Data Purchaser, you hereby release DataCoup (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.
If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Use of the Service may be available through a compatible mobile device, internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. DataCoup assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. DataCoup is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Service or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Service. Under no circumstances will DataCoup be responsible for any loss or damage, including any loss or damage to any of your data or personal injury or death, resulting from anyone's use of the Service, any data, content or Third Party Content posted on or through the Service or transmitted to users or Data Purchasers, or any interactions between users or Data Purchasers, whether online or offline.
DataCoup reserves the right to change any and all content contained in the Service offered at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by DataCoup.
DATACOUP IS NOT PROVIDING, AND THE SERVICE IS NOT INTENDED TO PROVIDE, LEGAL, TAX OR FINANCIAL ADVICE. DATACOUP IS NOT A FINANCIAL PLANNER,
BROKER OR TAX ADVISOR. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Before making any financial decisions, you should seek additional information and advice from your own accountant or other financial advisers who are fully aware of your individual circumstances.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. DATACOUP AND FINANCIAL VENDOR MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICE AT ANY TIME OR FROM ANY LOCATION; (vi) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES OR SERVICES; AND (vii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES, WEBSITES, YOUR DATA, CONTENT AND DATACOUP IP ON OR ACCESSIBLE FROM THE SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL DATACOUP, ITS Service Providers OR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS, DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS OR LOST DATA , EVEN IF DATACOUP IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; (vii) FROM YOUR USE OF THE SERVICE OR ANY OF THE DATACOUP IP OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICE OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, DATACOUP'S OR ITS SERVICE PROVIDERS’ AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DATACOUP FOR THE SERVICE DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING YOUR CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF NO AMOUNT IS PAID TO DATACOUP FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM DATACOUP, REGARDLESS OF THE CAUSE OF ACTION.
Governing Law; Venue and Dispute Resolution
These Terms and any dispute between you and DataCoup, shall be governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law that would apply the laws of any other jurisdiction, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate Section is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and the DataCoup must be resolved exclusively by a state or federal court located in the State of New York, except that you or we are permitted to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure. Except for such small claims court exceptions, you and DataCoup agree to submit to the personal jurisdiction of the courts located within the State of New York for the purpose of litigating all such claims or disputes. You and DataCoup agree to waive trial by jury in any court proceeding.
Agreement to Arbitrate
You may opt out of this Agreement To Arbitrate. If you do so, neither you nor DataCoup can require the other to participate in an arbitration proceeding. To opt out, you must notify DataCoup in writing within 30 days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your DataCoup account to which the opt-out applies and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out:
DataCoup, Inc. ATTN: Arbitration Opt-out 175 Varick Street 4th Floor New York, NY 10014.
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the arbitration procedures set forth herein (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against DataCoup prior to the effective date of the change. Moreover, if we seek to terminate the arbitration procedures from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the arbitration procedures is posted to the Website, and shall not be effective as to any claim that was filed in a legal proceeding against DataCoup prior to the effective date of removal.
This Arbitration section will survive the termination of your relationship with DataCoup.
You agree to indemnify, defend, and hold harmless DataCoup, its subsidiaries and affiliates, Service Providers, and each of Datacoup’s and each Service Provider’s their directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (A) your Content, (B) any Third Party Content you post or share on or through the Service, (C) your use of the Service or infringement by any other user of your account, of any intellectual property or other right of anyone, (D) your conduct in connection with the Service or with Data Purchasers or users of the Service, (E) any violation of these Terms or of any law or the rights of any third party, or (F) any actions performed using your account.
Third Party Beneficiary
You agree that Service Providers are a third party beneficiary of these Terms, with all rights to enforce such provisions as if such Service Providers were a party to this Agreement.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DataCoup without restriction. Any assignment contrary to this section shall be void.
Upon termination of these Terms or your access to the Service for any reason or no reason, you will continue to be bound by those provisions of these Terms which, by their nature, should survive termination, including, without limitation, ownership provisions, any licenses granted by you, warranty disclaimers, indemnities, limitations of liability, and the Agreement to Arbitrate.
Waiver and Severability
The failure of DataCoup to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions about these Terms, please contact firstname.lastname@example.org.