The website at https://reveeldata.com and its related services may permit you to interact with third-party services which are not operated by ReveelData LLC. If you choose to interact with third-party services, you agree to be bound by and to follow the terms of services of those third-party services.
4.1. Service Usage Rights: Subject to the terms of these Terms of Service, ReveelData will furnish the Services specified in your Order. ReveelData hereby grants Customer a limited, personal, non-exclusive, non-transferable, and non-sublicensable right to utilize any necessary components to access and utilize the Services. Customer commits to utilizing the Services in compliance with ReveelData’s Privacy Policy, accessible at https://reveeldata.com/privacy-policy and integrated herein by reference (the “Privacy Policy”).
4.2. Technical Assistance: Technical assistance for the Services is delineated in the pertinent Order. Customer agrees to utilize the Services solely for professional or business purposes. ReveelData retains the discretion to update the Services. Such updates are covered within the Fees, and Customer agrees to employ the most recent version of the Service.
5.1. Ownership Rights: Except for the specific rights granted herein, Customer holds no ownership, title, or interest in or to the ReveelData Marks, Services, or any components furnished by ReveelData in connection with the Services, or any related intellectual property rights. Customer acknowledges that ReveelData or its licensors retain full proprietary rights, title, and interest in and to, or practiced in connection with, the ReveelData Marks and the Services, including all modifications, enhancements, derivative works, configurations, translations, upgrades, and interfaces.
5.2. Use of ReveelData Marks: Unless expressly authorized under this Agreement, Customer agrees not to utilize, register, or apply for registration of any trademark, service mark, business name, company/trade name, domain name, or social media account name or handle that incorporates, in whole or in part, any ReveelData Marks or is confusingly similar to a ReveelData Mark. In the event of any breach of this provision, Customer agrees to undertake all necessary steps to transfer any such trademark, service mark, business name, domain name, or social media account name or handle to ReveelData, including executing assignment documentation. Except as explicitly provided herein, no license regarding the use of ReveelData’s copyrights, patents, trademarks, service marks, or company/trade names is granted or implied. For any authorized use of the ReveelData Marks, Customer affirms that it has reviewed and will comply with ReveelData’s Trademark & Copyright Guidelines, incorporated herein by reference and subject to periodic updates by ReveelData. As stated above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Website or Services is strictly prohibited without ReveelData’s express written consent. For details on requesting such permission, please contact us using the information provided in the “About Us” section.
5.3. Idea Ownership: You agree that any ideas, suggestions, or improvements provided to ReveelData regarding ReveelData’s products or services shall become the property of ReveelData, and ReveelData is entitled to include such ideas in future products without compensating you.
7.1. Customer Responsibilities: Customer bears sole responsibility for (i) configuring their Services account, (ii) ensuring the operation, performance, and security of their equipment, networks, and other computing resources utilized to access the Services, (iii) ensuring all users properly exit or log off from the Services after each session, (iv) maintaining the confidentiality of their accounts, user IDs, and passwords associated with the Services, and (v) all activities conducted on the Services by Customer and its users. ReveelData reserves the right to suspend the Services or terminate its agreement with Customer if, at ReveelData’s sole discretion, Customer misuses the Services or shares login information among users. Customer must promptly notify ReveelData of any unauthorized use of their account or any security breach. ReveelData shall not be liable for any losses incurred by Customer due to a third party using their password or account, and Customer may be held responsible for any such losses incurred by ReveelData or any other party. ReveelData reserves the right to review Customer’s account to verify compliance with the applicable Use Levels specified in the associated Order, and to suspend or terminate Customer’s access for overuse and/or misuse. Customer agrees to pay for any overage beyond the permitted Use Levels.
7.2. Accuracy of Information: You agree not to provide false information, impersonate others, or provide misleading or inaccurate user information when using the Website or Services.
8.1. By utilizing the Services, you affirm, represent, and warrant that you do not operate any Customer Sites related to the following:
Additionally, you represent and warrant that the content contained or distributed by your Customer Sites does not infringe upon the intellectual property rights of any third parties. ReveelData reserves the right to make the final determination regarding appropriateness.
8.2. The Services are designated for professional/business use exclusively and may not be utilized for any other purpose.
8.3. You acknowledge and agree not to impose an unreasonable burden on the server hosting the Website or the Services, interfere with the operation of the Website or Services, or attempt unauthorized access to any portion of the Website. The determination of whether a burden is unreasonable rests solely with ReveelData.
8.4. You undertake not to utilize bots, click-farms, fake click-throughs, or any other automated or manual techniques to fabricate, simulate, or otherwise generate user activity on the Websites, the Service, or Customer Sites with the intent of creating exaggerated or misleading user activity.
8.5. Except as permitted by applicable law, you agree, on behalf of yourself and your users, not to (i) modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile, or attempt to decipher any code relating to the Websites, Services, and/or ReveelData’s technology; (ii) knowingly or negligently access or use the Websites or Services in a manner that abuses or disrupts ReveelData’s networks, security systems, user accounts, or Services of ReveelData or any third party, or attempt to gain unauthorized access to any of the above through unauthorized means; (iii) market, offer to sell, and/or resell the Services to any unauthorized third party; (iv) use the Services in violation of ReveelData policies, applicable laws, ordinances, or regulations; (v) use the Websites or Services directly or indirectly for competitive benchmarking or other competitive analysis if you are a direct competitor of the applicable Service; or (vi) make any representations with respect to ReveelData or these Terms of Service (including, without limitation, that ReveelData is a warrantor or co-seller of any of your products and/or services). ReveelData shall have sole and exclusive discretion to determine the applicability of the restrictions set forth above and any violations thereof.
8.6. Furthermore, ReveelData reserves the right to suspend or terminate your use of the Websites and Services without prior notice for a violation of any of the provisions in this section.
In connection with the utilization of the Services as outlined in these Terms of Service, both ReveelData and the Customer commit to adhering to all pertinent laws, regulations, and statutes, including but not limited to those concerning export and import, data protection, and privacy. Specifically, the Customer agrees to furnish relevant individuals or participants with all requisite information or notifications mandated by applicable privacy and data protection laws. Moreover, if necessary, the Customer will obtain consent from or provide options to such individuals or participants as stipulated by law. ReveelData reserves the right to promptly terminate its agreement with the Customer in the event of noncompliance with applicable laws, notwithstanding any other provisions in these Terms of Service.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE AND SERVICES (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE AND SERVICES IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL REVEELDATA OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF REVEELDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, REVEELDATA’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Notwithstanding any provision herein to the contrary, the maximum liability of ReveelData to any person, firm, or corporation arising out of or in connection with the Website or any Services delivered under these terms, whether based on breach of contract, warranty, tort, or otherwise, shall not exceed the actual price paid to ReveelData for the Services that give rise to the liability. The parties acknowledge that these limitations are integral to the consideration paid for the Website, the Services, and any services rendered under these terms. If ReveelData were to assume any further liability beyond what is stated herein, the consideration for such services would necessarily be substantially higher.
Upon request by ReveelData, you agree to defend, indemnify, and hold ReveelData and its affiliated companies, as well as their employees, contractors, officers, and directors, harmless from all liabilities, claims, and expenses, including attorney’s fees, arising from your misuse of the Website or Services.
14.1. Trial of Services: ReveelData may provide Customer with access to the Services on a trial basis or offer promotional versions for a limited duration (“Trial Period”), as outlined in the relevant Order. The Trial Period ends either (i) upon the specified Trial Period’s conclusion, or (ii) if not specified, thirty (30) days from Customer’s initial Service access. Following the Trial Period, Services may continue automatically unless canceled by Customer, who remains liable for applicable Fees outlined in the Order. During the Trial Period, ReveelData offers the Services “AS IS,” without warranty or indemnity, to the extent permitted by law, and all other Terms of Service provisions apply. ReveelData reserves the right to modify or discontinue trials or promotions at its discretion and without prior notice.
14.2. Copyright Issues: If Customer believes the Services have been used in a manner constituting copyright infringement, Customer must notify ReveelData at [email protected] and provide all necessary information required by the Digital Millennium Copyright Act (“DMCA”): (i) statement identifying copyrighted content in the Services; (ii) description of the infringed copyrighted work; (iii) specific location of allegedly infringing material in the Services, including URL or precise description; (iv) Customer’s contact details; (v) statement affirming Customer’s good faith belief in unauthorized use; (vi) statement confirming accuracy of provided information under penalty of perjury; and (vii) Customer’s electronic or scanned physical signature. ReveelData reserves the right to remove or disable infringing content, terminate repeat infringers’ accounts, and forward copyright-infringement notice details to alleged content providers.
14.3. Cookie Usage: By utilizing the Services or websites, Customer agrees to the use of cookies by ReveelData to facilitate Service and Website use. ReveelData does not store passwords or any Customer personal information in cookies, and does not sell, trade, or rent Customer personal information to unaffiliated third parties. Further details on ReveelData’s cookie usage are available in the Cookie Policy at: https://reveeldata.com/privacy-policy#Cookies
14.4. Suspension of Service: ReveelData may temporarily or permanently suspend Services if it deems continued provision compromises Service security due to, but not limited to, hacking attempts, denial of service attacks, or other malicious activities. ReveelData will promptly resolve such security issues and notify Customer of any suspension and subsequent reactivation of Services.
14.5. Assignment: Neither party may assign rights or delegate duties under these Terms of Service without the other party’s prior written consent, except as part of a corporate reorganization, consolidation, merger, or sale of assets. Any attempted assignment without consent is void. These Terms of Service bind each party’s successors or assigns.
14.6. Notices: Legal notices under these Terms of Service must be in writing and delivered in person or by certified or registered express mail to Customer’s last designated address and ReveelData’s contracting entity as specified, or to an address specified by either party. Notice is deemed given (i) upon personal delivery; (ii) if delivered by air courier or email, upon confirmation of receipt; or (iii) five (5) days after mailing. Non-legal notices may be sent to the email address on the Order and are effective the next business day after the sender’s email date/time stamp. ReveelData may also provide notice through the Company Website.
14.7. Entire Agreement; Order Precedence: These Terms of Service and associated Orders constitute the entire agreement between the parties regarding Services, superseding all prior agreements. In case of conflict between an executed Order and these Terms of Service, the Order governs only for the specified Services. No document submitted by Customer modifies these Terms of Service or Company’s program terms.
14.8. General Terms: Captions and headings are for convenience only and do not interpret or construe these Terms of Service. Parties are independent contractors, and nothing herein creates a partnership, joint venture, or employment relationship. No third party is deemed a beneficiary of these Terms of Service. Authorized resellers and distributors may not modify these Terms of Service or make additional representations binding on ReveelData. Waiver or amendment of any term requires written agreement. ReveelData’s failure to enforce a term does not waive its right to enforce it later. Remedies are cumulative unless specified otherwise. These Terms of Service may be agreed to online or by electronic signature, in counterparts. Neither party is responsible for delay due to force majeure events. Force majeure events include natural disasters, wars, labor disputes, and acts of government.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Missouri. You hereby consent to binding arbitration in the State of Missouri to resolve any disputes arising under these Terms of Service.
The parties hereby agree that any dispute or claim, whether in law or equity, arising between them concerning the use of the Website, the Services, or these Terms of Service, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be resolved through neutral, binding arbitration conducted in St. Louis County, Missouri. The arbitrator shall be a retired judge, justice, or attorney with at least ten (10) years of legal experience relevant to the subject matter of this Agreement, unless otherwise mutually agreed upon by the parties. The arbitrator shall render an award in accordance with the substantive laws of St. Louis County, Missouri. The arbitration proceedings shall be governed by the rules and procedures of the American Arbitration Association, allowing for limited discovery by the parties. Judgment upon the arbitrator’s award may be entered in any court with jurisdiction.
NOTICE: BY USING THE WEBSITE AND SERVICES, YOU CONSENT TO RESOLVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION THROUGH NEUTRAL ARBITRATION. BY AGREEING TO THIS PROVISION, YOU WAIVE ANY RIGHTS YOU MAY HAVE TO LITIGATE THE DISPUTE IN A COURT OR JURY TRIAL. YOU ALSO WAIVE YOUR RIGHTS TO DISCOVERY AND APPEAL, UNLESS SPECIFICALLY STATED OTHERWISE IN THIS “ARBITRATION OF DISPUTES” PROVISION. IF YOU DECLINE TO SUBMIT TO ARBITRATION AFTER ACCEPTING THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER A COURT ORDER. YOUR CONSENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT AGREE TO ARBITRATION, THEN YOU MAY NOT USE THE WEBSITES OR SERVICES.
ANY LEGAL ACTION OR ARBITRATION ARISING IN CONNECTION WITH THE USE OF THE WEBSITE, THE SERVICES, OR THESE Terms of Service MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
In any dispute, action, proceeding, or arbitration regarding the use of the Website, the Services, or these Terms of Service, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).
