Terms of use

Subject to these Terms of Use, Intelometry grants you a non-exclusive, non-transferable, limited license to access and use the Website and its Content (as defined below) for the fees, if applicable, and under the terms set forth below.

The Website and the content, including, but not limited to, text, data, reports, opinions, images, photos, graphics, graphs, charts, animations, and video (the “Content”), displayed on the Website, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Website or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of Intelometry. You may not commingle any portion of the Website with any other information and you may not edit, modify, or alter any portion of the Website.

The Content is the exclusive property of Intelometry or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Website and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Website may be registered or unregistered marks of Intelometry or others. Nothing contained on this Website should be construed as granting any license or right to use any of the Marks displayed on the Website without the express written permission of Intelometry or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. To request permission to use any Content or other Intelometry material, please contact Intelometry at sales@intelometry.com.

You may not use the Website for any unlawful purpose. You shall honor all reasonable requests by Intelometry to protect Intelometry’s proprietary interests in the Website.

If you believe that any Content or other material posted on the Website infringes your copyright, you must file a notice of infringement and Intelometry will address your concerns in accordance with the Digital Millennium Copyright Act.

• Information identifying the copyrighted work or works you believe is being infringed.
• Information identifying the material you believe is infringing your copyright, including exact permanent URL and any other information that will allow Intelometry to locate the allegedly infringing material.
• Your address, telephone number, email address and any other relevant contact information.
• A statement that you have a good faith belief that the use of the allegedly infringing material on the Website is not authorized by you, your agent or the law.
• A statement that the information provided to Intelometry is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices should be sent with your name and physical or electronic signature to Guy Sharfman, Intelometry, Inc., 15600 John F Kennedy Boulevard, Suite 680, Houston, TX 77032; guy.sharfman@intelometry.com.

Please note that by submitting an infringement notification, you are initiating a legal process. You may be liable for damages or other legal consequences if you make any false claims or otherwise misuse this process.

As part of a registration process, you may create a User account by selecting a username and password and providing Intelometry with accurate, complete, and updated information. If you are accessing this Website within the scope of your employment, you are required to register using an email address containing your employer’s domain name. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access to the Website.

You are also solely responsible for all access to, usage of or activity on your User account including, but not limited to, use of the account by any person who uses your user name and password, with or without authorization, or who has access to any computer, mobile or other device on which your account resides or is accessible.

For information regarding how this information will be used and maintained, please see our Privacy and Cookie Notice at www.intelometry.com.

You are entirely liable for activities conducted by you (or by any third party using your username and password) in connection with the website. If you are dissatisfied with the content or the website or with these terms of use, your sole and exclusive remedy is to stop using the content and the website. Intelometry will not pay you any damages in connection with your browsing or use of the website or the content.

Due to the number of sources from which the content is obtained and the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the website.

The content and the website are provided “as is”, without any representations or warranties, express or implied. Intelometry makes no guarantees, representation or warranties as to the accuracy, completeness, timeliness or currentness of the website, the content, the results to be obtained from accessing and using the website, other content (as defined in section 6 below), or any other information and/or material that can be accessed (via a direct or indirect hyperlink or otherwise) through the website.

Intelometry, its affiliates, and all third party providers and licensors (collectively, the “intelometry parties”) hereby disclaim any and all representations and warranties, express or implied including, but not limited to, warranties of merchantability or fitness for a particular purpose or use and of non-infringement, with respect to the website, the content, the results to be obtained from accessing and using the website, other content (as defined in section 6 below), or any other information and/or material that can be accessed (via a direct or indirect hyperlink or otherwise) through the website. None of the intelometry parties shall be liable to the user or anyone else for any inaccuracy, delay, interruption in service, error or omission, regardless of cause, or for any damages resulting therefrom.

In no event will any of the intelometry parties be liable for any direct, indirect, special or consequential damages, including but not limited to, lost time, lost money, lost profits or goodwill, whether in contract, tort, strict liability or otherwise, and whether or not such damages are foreseen or unforeseen with respect to any use of the website, the content, the results to be obtained from accessing and using the website, other content (as defined in section 6 below), or any other information and/or material that can be accessed (via a direct or indirect hyperlink or otherwise) through the website. None of the intelometry parties will be liable to you or anyone else for any loss or injury resulting from use of the website, the content, the results to be obtained from accessing and using the website, other content (as defined in section 6 below), or any other information and/or material that can be accessed (via a direct or indirect hyperlink or otherwise) through the website, in whole or part, whether caused by negligence, contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the website and any content on the website or otherwise. In no event will any of the intelometry parties be liable to you or anyone else for any decision made or action taken by you in reliance on the website, the content, the results to be obtained from accessing and using the website, other content (as defined in section 6 below), or any other information and/or material that can be accessed (via a direct or indirect hyperlink or otherwise) through the website.

Intelometry assumes no responsibility for the use of third party software on the website and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.

The User grants to Intelometry the non-exclusive right to use all material submitted, uploaded, or otherwise made available into the Website by the User (other than third party material transmitted through private electronic mail) in any of Intelometry’s print or electronic publications (“Other Content”).

Users entering material into the Website are responsible for the Other Content. Intelometry has no responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Website. Intelometry retains the right, which it may exercise in its sole discretion, to review, edit, or delete Other Content that Intelometry deems to be (i) illegal, (ii) offensive, (iii) in violation of contractual obligations; or (iv) otherwise inappropriate.

You may not input or distribute any material through the Website that is promotional in nature, including solicitations for funds or business, without the prior written authorization of Intelometry.

The User agrees to indemnify the Intelometry Parties from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that the Intelometry Parties, their employees, and authorized representatives may incur as a result of either: (i) the User’s breach of this Agreement, or (ii) material entered into the Website with the use of the User’s username or password.

You expressly agree not to:

• use the Website for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
• use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website or the Content found on or accessed through the Website without prior express written consent;
• obtain or attempt to obtain through any means any materials or information on the Website that have not been intentionally made publicly available either by their public display on the Website or through their accessibility by a visible link on the Website;
• in any way bypass or circumvent any other measure employed to limit or prevent access to the Website or its Content;
• violate the security of the Website or attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any server associated with this Website, through hacking, password mining or any other means;
• interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Website;
• take or attempt any action that, in the sole discretion of this Website’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or such operation’s infrastructure.

Intelometry may discontinue or change the Website or its availability to you, at any time. These Terms of Use will survive any such discontinuation.

Except as noted below, these Terms of Use constitute the entire agreement between the parties relating to the Website and supersedes any and all other agreements, oral or in writing, with respect to the Website. The failure of Intelometry to insist upon strict compliance with any term of these Terms of Use shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. The Terms of Use are personal to you, and you may not assign your rights or obligations to anyone. If any provision in the Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

Intelometry makes available to its subscribers certain products and services for which it charges a fee, pursuant to the then-current standard form of license agreement (“License Agreement”). The provision and use of such products and services shall be subject to and governed by the License Agreement. In the event of a conflict between these Terms of Use and terms in the License Agreement concerning the Website, the terms and conditions of the License Agreement shall govern and control.

These Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use shall be governed by the federal laws of the United States of America and the laws of the State of Illinois, without giving effect to the conflicts of laws provisions thereof, as if the Terms of Use were a contract wholly entered into and wholly performed within the State of Illinois, and any litigation related to these Terms of Use shall be brought exclusively in any court located in the County of Cook, State of Illinois. All rights not expressly granted herein are reserved.