Thank you for choosing to be part of our community at everythingData, Inc. (“company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at support@everythingdata.net
When you visit our website (everythingData.net) (“Site”) and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our site and our services.
By entering into a contract with everythingData and/or by pressing “Accept” or similar affirmative button, you have agreed to everythingData Privacy Policy.
Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.
In Short: We collect personal information that you provide to us such as your name, postal addresses, email addresses, social media website user account names, telephone numbers, or other addresses at which you receive communications from or on behalf of everythingData.
If you use a social media platform or your mobile device (or other method of communication) to interact with everythingData, the communication method or application may have a specific privacy policy that governs the use of Personal Information. We do not ensure that 3rd party providers honor their specific privacy policies.
Types of Data collected
The personal information that we collect depends on the context of your interactions with us and the Sites, the choices you make and the products and features you use. The personal information we COLLECT can include the following:
“Non-Personal Information” is information that, alone, cannot be used to identify or contact you. Such Non-Personal Information may include, for example, gender, birthdate, or zip code. You may be asked to submit Non-Personal Information with Personal information, or separately. All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: We may collect limited data from public databases, marketing partners, social media platforms, and other outside sources.
We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook), as well as from other third parties. Examples of the information we receive from other sources include: social media profile information (your name, gender, birthday, email, current city, state and country, user identification numbers for your contacts, profile picture URL and any other information that you choose to make public); marketing leads and search results and links, including paid listings (such as sponsored links).
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Sites for a variety of
business purposes described below. We process your personal
information for these purposes in reliance on our legitimate business
interests (“Business Purposes”), in order to enter into or perform a
contract with you (“Contractual”), with your consent (“Consent”),
and/or for compliance with our legal obligations (“Legal Reasons”). We
indicate the specific processing grounds we rely on next to each
purpose listed below.
We use the information we collect or receive:
To facilitate account creation and login processes (with your
consent). If you choose to link your account with us to a third-party
account (such as Google Analytics or Facebook), we use the information
you allowed us to collect from those third-parties to facilitate
account creation and login process.
In Short: We only share information with your
consent, to comply with laws, to protect your rights, or to fulfill
business obligations.
We only share and disclose your information in the following
situations:
In Short: We may use cookies and other tracking
technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web beacons
and pixels) to access or store information. Specific information about
how we use such technologies and how you can refuse certain cookies is
available at
allaboutcookies.org.
In Short: If you choose to use our Platform
you will be required to login to your data and advertising
accounts.
Our Platforms offers you the ability to register and login using your third-party social media account and advertising accounts (like your Google Analytics and Facebook logins). Where you choose to do this, we will receive certain profile information about you from your Data provider. The profile Information we receive may vary depending on the media provider concerned, but may include your name, e-mail address other information that may incidentally or purposely identify you as the account user.
We will use the information to gather statistical and other information necessary to utilize all of the features of our Platform. We obtain this information through the use of API’s, data transfer connections between our Platform and your third-party data providers. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party data provider. We recommend that you review their privacy policy to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.
In Short: We may transfer, store, and
process your information in countries other than your own.
Our servers are located within the United States. If you are accessing our sites from outside the United States, please be aware that your information may be transferred, stored and processed by us in our facilities and by those third-parties with whom we may share your personal information (see “Disclosure of Your information”) in the United States and other countries.
If you are a resident in the European Economic Area, then these
countries may not have data protection or other laws as comprehensive
as those in your country. We will however take all necessary measures
to protect your personal information in accordance with this privacy
policy and applicable law.
Privacy Shield Framework. everythingData complies
with the EU-U.S. Privacy Shield Framework and the Swiss–U.S. Privacy
Shield Framework as set forth by the U.S. Department of Commerce
regarding the collection, use, and retention of Personal Information
transferred from the European Union and the United Kingdom and/or
Switzerland to the United States, respectively. If there is any
conflict between the terms in this Privacy Policy and the Privacy
Shield Principles, the Privacy Shield Principles shall govern. To
learn more about the Privacy Shield program, please visit:
https://www.privacyshield.gov/. and to view our EU-U.S. and Swiss-U.S. Privacy Shield Certification
–
click here.
everythingData is responsible for the processing of Personal
Information it receives under the Privacy Shield Framework and
subsequently transfers to a third party acting as an agent on its
behalf. We comply with the Privacy Shield Principles for all onward
transfers of personal data from the EU and Swiss, including the onward
transfer liability provisions.
U.S. Federal Trade Commission. With respect to
personal data received or transferred pursuant to the Privacy Shield
Framework, we are subject to the regulatory enforcement powers of the
U.S. Federal Trade Commission. In certain situations, we may be
required to disclose personal data in response to lawful requests by
public authorities, including to meet national security or law
enforcement requirements.
General Data Protection Regulation. everythingData
complies with the General Data Protection Regulation (GDPR). EU and
Swiss individuals have the right to access, correct, transfer, erase,
restrict collection, retention, and transfer of their personal data.
everythingData retains personal data for as long as it is necessary
and relevant to the purpose of processing.
Requesting and/or limiting use of data. In addition
to the rights provided in this Privacy Policy, please note the
following: Because everythingData personnel have limited ability to
access data that our customers submit to our Services, if you wish to
request access, to limit use, or to limit disclosure, please provide
the name of the everythingData customer who submitted your data to our
Services. We will refer your request to that customer, and will
support them as needed in responding to your request.
In Short: We are not responsible for the
safety of any information that you share with third-party providers
who advertise, but are not affiliated with, our websites.
In Short: We keep your information for as
long as necessary to fulfill the purposes outlined in this privacy
policy unless otherwise required by law.
We will only keep your personal information for as long as it is
necessary for the purposes set out in this privacy policy, unless a
longer retention period is required or permitted by law (such as tax,
accounting or other legal requirements). No purpose in this policy
will require us keeping your personal information for longer than [90
days/6 months/1 year/2 years/the period of time in which you have an
account with us/90 days past the termination of your account/6 months
past the termination of your account/1 year past the termination of
your account/2 years past the termination of your account.
When we have no ongoing legitimate business need to process your
personal information, we will either delete or anonymize it, or, if
this is not possible (for example, because your personal information
has been stored in backup archives), then we will securely store your
personal information and isolate it from any further processing until
deletion is possible.
In Short: We aim to protect your personal
information through a system of organizational and technical security
measures.
We have implemented appropriate technical and organizational security
measures designed to protect the security of any personal information
we process. However, please also remember that we cannot guarantee
that the internet itself is 100% secure. Although we will do our best
to protect your personal information, transmission of personal
information to and from our Sites is at your own risk. You should only
access the services within a secure environment.
In Short: If you are under 18, or the age of
majority in the jurisdiction in which you reside, you may only use the
Services with the consent of your parent or legal guardian.
The Services are not intended for or targeted at children under 13,
and we do not knowingly or intentionally collect information about
children under 13. If you believe that we have collected information
about a child under 13, please contact us at
support@everythingdata.net, so that we may delete the information.
Our Company would like to make sure you are fully aware of all of your
data protection rights. Every user is entitled to the following:
In Short: Yes, if you are a resident of California, you are granted
specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The
Light” law, permits our users who are California residents to request
and obtain from us, once a year and free of charge, information about
categories of personal information (if any) we disclosed to third
parties for direct marketing purposes and the names and addresses of
all third parties with which we shared personal information in the
immediately preceding calendar year. If you are a California resident
and would like to make such a request, please submit your request in
writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a
registered account with the [Sites/ Mobile Application/ Facebook
Application], you have the right to request removal of unwanted data
that you publicly post on the [Sites/ Mobile Application/ Facebook
Application]. To request removal of such data, please contact us using
the contact information provided below, and include the email address
associated with your account and a statement that you reside in
California.
We will make sure the data is not publicly displayed on the [Sites/
Mobile Application/ Facebook Application], but please be aware that
the data may not be completely or comprehensively removed from our
systems.
In Short: Yes, we will update this policy as
necessary to stay compliant with relevant laws.
everythingData reserves the right to modify this Privacy Policy at any
time, and we encourage you to review it frequently. Modifications will
be posted to the Privacy Policy on the everythingData website. If we
make any material changes, we will notify you by means of notice on
the website when a change is made. Your continued use of the Services
signifies your acceptance of our Privacy Policy as modified.
If you have questions or comments about this policy, contact us via
email at
support@everythingdata.net
Please allow at least 30 days for a response.
If you are a resident in the European Economic Area, the “data
controller” of your personal information is everythingData has
appointed Oury Clark Solicitors to be its representative in the EEA.
If you have any further questions or comments about us or our
policies, email us at
support@everythingdata.net
Welcome to everythingdata.net website. Please read the following terms
and conditions carefully. ACCESSING, BROWSING OR OTHERWISE USING THE
WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN
THIS AGREEMENT. Your use of the services provided by us is subject to
your acceptance of and compliance with the terms and conditions set
forth in this agreement ("Terms of Use") and to the rules,
guidelines, policies, terms, and conditions that are incorporated into
this Agreement by way of reference (hereinafter collectively referred
as "Terms"). By subscribing to or using any of our services
you agree that you have read, understood and are bound by the Terms,
regardless of how you subscribe to or use the services.
www.everythingdata.net and the associated subdomian
app.everythingdata.net (hereinafter referred to as
"Website") is an Internet Software Service owned and
operated by everythingData Online Services (hereinafter referred to as
"everythingData" or "we"), For the purpose of
these Terms, references to "we", "us",
"our" and "everythingData" shall mean
everythingData Online Services and "you" or "user"
or "Customer" shall mean any person or a legal entity
accessing or using the Website including without limitation its touch
and mobile versions or using any other services offered through
everythingdata.net. We reserve the right to change the Website and
Terms at any time at our sole discretion. Any changes will be
effective upon posting of the revisions on the Website. Your use of
the Website and the Services is subject to the most current version of
the Terms of Use made available on the Website at the time of such
use. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING OUR
POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES
OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS
AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
Use of the Website and services offered by us is limited to parties
that lawfully can enter into and form contracts and use our services
under the applicable laws of India. For example, if you are a minor
i.e. under the age of 18 years, you shall not use the Website or use
our services. everythingData reserves the right to refuse to offer its
services including without limitation the access to the Website to
anyone, without assigning any reason thereof.
For the scope of this agreement, the term 'Service' shall
constitute the following The website and the software made available
through the domain everythingdata.net Support offered by us primarily
through support@everythingdata.net, in accordance with
everythingData's standard practice and policies.
You agree and undertake that you shall not host, post, upload,
display, modify, publish, transmit, update or share any information
content/material on the Website that- a. belongs to another person and
to which you do not have any right to b. is grossly harmful,
harassing, blasphemous, defamatory, obscene, pornographic, pedophilic,
libelous, hateful, invasive of another's privacy, hateful, or
racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any
manner whatever; c. harm minors in any way d. infringes any patent,
trademark, copyright or other proprietary rights; g. impersonate any
person or entity, or falsely state or misrepresent your affiliation
with a person or entity h. contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer resource i. threatens the
unity, integrity, defense, security or sovereignty of India, friendly
relations with foreign states, or public order or causes incitement to
the commission of any cognizable offence or prevents investigation of
any offence or is insulting any other nation j. disguise the origin of
any Content ; Additionally, the User agrees not to: a. Use the Sites
in any manner that could disable, overburden, damage, or impair the
Sites or interfere with any other party's use of the Sites,
including such party's ability to engage in real time activities
through the Sites; b. Use any robot, spider or other automatic device,
process or means to access the Sites for any purpose, including
monitoring or copying any of the Material on the Sites; c. Use any
manual process to monitor or copy any of the Material on the Sites or
for any other unauthorized purpose without prior written consent from
everythingData; d. Use any device, software or routine that interferes
with the proper working of any of the Sites; Introduce any viruses,
trojan horses, worms, logic bombs or other material which is malicious
or technologically harmful; e. Attempt to gain unauthorized access to,
interfere with, damage or disrupt any parts of any of the Sites, the
servers on which the Sites are stored, or any server, computer or
database connected to the Sites; Attack any of the Sites via a
denial-of-service attack or a distributed denial-of-service attack;
and/or Otherwise attempt to interfere with the proper working of any
of the Sites. f. Engage in any activities that adversely affect
another user’s ability to use the Service. g. Sublicense, resell,
rent, lease, transfer, assign, time share or otherwise commercially
exploit or make the Service available to any third party You
understand and acknowledge that the Service and its Content contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that Content relating to various products and
services offered on the Website or otherwise presented to you through
the Service is protected by copyrights, trademarks, service marks,
patents, or other proprietary rights and laws. Except as expressly
authorized by everythingData in writing, you agree not to modify,
rent, lease, loan, sell, distribute, transmit, or create derivative
works of any Content made available through the Service. You agree not
to access the Service by any means other than through the interface
that is provided by everythingData for use in accessing the Service.
You will not, directly or indirectly: reverse engineer, decompile,
disassemble or otherwise attempt to discover the source code, object
code or underlying structure, ideas, know-how or algorithms relevant
to the Services or any software, documentation or data related to the
Services; modify, translate, or create derivative works based on the
Services or any Software (except to the extent expressly permitted by
Company or authorized within the Services); use the Services or any
Software for timesharing or service bureau purposes or otherwise for
the benefit of a third; or remove any proprietary notices or labels.
With respect to any Software that is distributed or provided to
Customer for use on Customer premises or devices, everythingData
hereby grants Customer a non-exclusive, non-transferable, non-sub
licensable license to use such Software during the Term only in
connection with the Service. You understand that all information,
data, text, software, music, sound, photographs, graphics, video,
messages, tags or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility
of the person from whom such Content originated. Under no
circumstances will everythingData be liable in any way for any Content
transmitted or otherwise made available through the Service. You
represent and warrant that you have all rights necessary to upload the
Content that you upload to the Website or make available through the
Service. You hereby agree to use the Service in compliance to the
rules, regulations and laws enacted by the concerned authorities/
Government Bodies from time to time, that are applicable to
everythingData or to the user. Notwithstanding anything to the
contrary, you hereby agrees to grant everythingData the right to
collect and analyze data and other information relating to the
provision, use and performance of various aspects of the Services and
related systems and technologies (including, without limitation,
information concerning Customer Data and data derived therefrom), and
everythingData will be free (during and after the term hereof) to (i)
use such information and data to improve and enhance the Services and
for other development, diagnostic and corrective purposes in
connection with the Services and other Company offerings, and (ii)
disclose such data solely in aggregate or other de-identified form in
connection with its business. No rights or licenses are granted except
as expressly set forth herein. The customer agrees to let
everythingData use their organization's logo in
everythingData's customer list and at other places on its website
and any marketing material. To access the Website and to use our
services, you may be required to register with us by creating an
account. While creating the account you may be asked to provide a
name, password and valid e-mail id. You may also be required to
provide other information like address and contact number necessary or
helpful for the fulfillment of the services availed by you. You agree
that any information that you provide us shall be current, up-to-date
and true and otherwise not misleading or deceptive. everythingData may
(but not obliged to) allow its users for limited access to the Website
and other services without creating an account. It is the sole
responsibility of the User to maintain the confidentiality and
security of users account and any other relevant information that may
be used to access the User account including but not limited to Users
username, password or e-mail address. The User shall be fully
responsible for any activity that is carried out under Users account.
User shall not share his account with anyone and shall not create more
than one account in the Website. You agree that everythingData uses
third party vendors and hosting partners to provide the necessary
hardware, software, networking, storage, and related technology
required to run the Service. You agree that you will not hold
everythingData responsible or liable with respect to the third-party
services. You understand that your Content (not including credit card
information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
everythingData will not be liable for any unauthorized access or use,
any corruption, deletion, destruction or loss of any Customer Data or
Your Content. You agree to comply with everythingData's security
and operating procedures, as may be revised or amended by
everythingData from time to time, when Customer’s employees or agents
are interfacing with everythingData's installed systems. You
shall be responsible for obtaining and maintaining any equipment and
ancillary services needed to connect to, access or otherwise use the
Services, including, without limitation, modems, hardware, servers,
software, operating systems, networking, web servers and the like
(collectively, “Equipment”). You shall also be responsible for
maintaining the security of the Equipment, Customer account, passwords
(including but not limited to administrative and user passwords) and
files, and for all uses of Customer account or the Equipment with or
without Customer’s knowledge or consent. You understand and
acknowledge that everythingData may in its sole discretion pre-screen,
refuse, or move any Content that is available via the Service. You
agree that you must evaluate, and bear all risks associated with, the
use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created, presented,
or transmitted by everythingData. You acknowledge, consent and agree
that everythingData may disclose any information you provide if
everythingData believes in good faith that disclosure of such
information is necessary to (a) comply with legal requirements; (b)
enforce the Terms; (c) respond to claims against everythingData; (d)
to protect the rights, property, or personal safety of everythingData,
the users of the Service, or the public at large.
If you register for a free trial of the Service, we will make the
Service available to you on a trial basis free of charge until the
earlier of (a) the end of the free trial period or (b) the start date
of your subscription. During the free trial period, we may suspend,
limit, or terminate the Service for any reason at any time without
notice. Unless you subscribe to the Service before the end of the free
trial, all of your data on the Service may be permanently deleted at
the end of the trial. The Services are available under subscription
plans of various features, which are displayed on the Website.
everythingData will bill Customer on a annual/monthly/quarterly/half
yearly or any other mutually agreed period basis, an amount as per the
plan selected by the Customer at the beginning of each period. Your
subscription will be automatically renewed at the end of each
subscription period unless you downgrade your paid subscription plan
to a free plan or inform us that you do not wish to renew the
subscription. At the time of automatic renewal, the subscription fee
will be charged to the Credit Card last used by you. If you do not
wish to renew the subscription, you must inform us at least fourteen
(14) days prior to the renewal date, either by writing to us at
suppport@everythingdata.net or by using the interface provided in the
Website. If you have not downgraded to a free plan and if you have not
informed us that you do not wish to renew the subscription, you will
be presumed to have authorized everythingData to charge the
subscription fee to the Credit Card last used by you. You further
authorize us to use a third party to process payments, and consent to
the disclosure of your payment information to such third party.
everythingData shall have the right to revise these fees at any time
upon thirty (30) days written notice to Customer. In the event that
Customer does not agree with such fee revision, Customer shall have
the right to terminate this subscription by notifying us, provided
that such notice of termination must be received before fourteen (14)
days of next payment date. everythingData shall only provide an
electronic invoice to the customer. everythingData will not issue any
refunds in the various events, including, but not limited to, upgrade
or downgrade of plans or termination of the service. Customer shall at
all times provide and keep current and up‐to‐date Customer’s contact,
credit card and other billing information in the administrative panel.
everythingData reserves the right to terminate the service in the
event of rejection of card or other billing information by the third
party payment processor. Customer acknowledges that the all applicable
taxes, duties or government levies whatsoever are not included in the
fees and expenses charged under this Agreement. Customer will make
timely payment of all such taxes, duties or government levies related
to this Agreement.
By using the Service, you consent to the collection and use of the
information you disclose, by everythingData in accordance with
everythingData Privacy Policy described
athttp://www.everythingdata.net/privacy.html
You shall agree to receive communication from us through electronic
e-mail on your registered e-mail address. You further agree to receive
calls and sms from us on the phone number registered with
everythingData.
everythingData does not guarantee that the connectors available for
third party data sources will be available uninterrupted. The
availability of a particular data source is purely a prerogative of
the respective service provider and the service provider may decide to
terminate associating with everythingData at any time. Availability of
a particular data source from a third party service provider, at any
point in time does not guarantee, its continued availability through
out. everythingData does not offer any refunds in the likely event of
unavailability of connectors to any third party data source.
Customer may terminate using the service by sending a cancellation
request to support@everythingdata.net, at least fourteen (14) days
prior to the effective date of cancellation. It is agreed that in case
of termination, the fees owed to everythingData as per this agreement
will not be cancelled or waived. Customer’s data and account settings
shall be irrevocably deleted within 30 days from the date of
termination. It shall be Customer’s exclusive responsibility to secure
all necessary data from Customer’s account prior to termination.
everythingData may also terminate this service upon fourteen (14)
day’s notice to the Customer. However in the event of non-payment of
fees or breach of this agreement, everythingData may terminate the
account effective immediate without any notice. everythingData
reserves the right to modify or discontinue, temporarily or
permanently, the Service, or any part thereof. Any termination shall
not affect any liabilities incurred by the User prior to the
termination of the Agreement or for acts performed during the pendency
of the Agreement.
everythingData reserves the right to transfer any rights or
obligations arising out of this Agreement to a third party in the
event of a merger or sale of everythingData or its business or any
part thereof.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. everythingData AND ITS AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. everythingData AND ITS AFFILIATES,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS MAKE NO WARRANTY
THAT (i) THE SERVICE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS AND
(ii) THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING FROM YOUR
ACCESS TO OR USE OF SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM everythingData OR THROUGH THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS,
OR CREATE ANY LIABILITY OF ANY KIND FOR everythingData'S, ITS
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR PARTNERS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT everythingData AND ITS
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF everythingData HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM ANY USE OF THE SERVICE OR CONTENT
PROVIDED THEREIN.
You agree to indemnify and hold everythingData and its directors,
officers, agents, employees, and partners harmless from any claim or
demand, including without limitation legal fees made by any third
party due to or arising out of Content you submit, transmit or
otherwise make available through the Service, your use of the Service,
your connection to the Service, your violation of the Terms, or your
violation of any rights of another.
Unless otherwise expressly stated in this Agreement, the failure to
exercise or delay in exercising a right or remedy under this Agreement
shall not constitute a waiver of the right or remedy or a waiver of
any other rights or remedies, and no single or partial exercise of any
right or remedy under this Agreement shall prevent any further
exercise of the right or remedy.
If any provision of this Agreement is or becomes, in whole or in part,
invalid or unenforceable but would be valid or enforceable if some
part of that provision was deleted, that provision shall apply with
such deletions as may be necessary to make it valid. If any
Court/Tribunal of competent jurisdiction holds any of the provisions
of this Agreement unlawful or otherwise ineffective, the remainder of
this Agreement shall remain in full force and the unlawful or
otherwise ineffective provision shall be substituted by a new
provision reflecting the intent of the provision so substituted.