The below terms and conditions govern your access to and use of https://www.getplotr.com/and Plotr-branded software and applications, including any content, functionality, and services offered on or through the same (collectively, the “Website”). The services provided through the Website may be collectively referred to as “Services” hereunder. The Website is provided by T2 Venture, Inc., a Delaware corporation.
PLEASE REVIEW THE ARBITRATION PROVISION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH PLOTR THROUGH FINAL AND BINDING ARBITRATION.
Accounts Generally. Browsing of the Website’s public pages is available to any User. However, access to certain Services will require you to create an account on the Website (an “Account”). The Account must be in the legal name of an individual or a business, and each individual or business may have only one Account. You represent that all information you provide upon registration and at all other times will be true, accurate, current, and complete. You must treat as confidential all usernames, passwords, and other information provided as part of our Account security and registration procedures, and you may not disclose such information to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your Account. You will log out from your Account at the end of each session. You do not have permission to transfer or assign any Account or the use thereof to a third party.
Use of the Website. Plotr provides certain data, reports, market analyses, and newsletters (collectively, “Reports”) to its Users. Plotr does not make a representation that the Reports are accurate in all respects. Users are solely responsible for determining whether to rely on the Reports for any purpose. Plotr is not responsible for, and all Users waive all claims against Plotr related to, the accuracy of the Reports and a User’s reliance on such Reports for any purpose.
Trial Period. If we offer and you enter into a trial subscription, you acknowledge that immediately following the conclusion of the trial period, which is set forth to you at the time of entering into the trial subscription, you will automatically be charged for a subscription at the pricing set forth to you at the time of entering into the trial subscription. You must terminate your trial subscription no later than 5 business days prior to the conclusion of the trial period if you do not wish to enter into a paid subscription. Once payment has processed for a paid subscription, such payment is nonrefundable.
Intellectual Property Rights. You acknowledge and agree that Plotr owns all rights, including copyrights, to content, methods, processes, reports, specifications, techniques, and other general intangibles developed by Plotr, including the Reports, offered to you via the Website (collectively, the “Materials”). Without limiting the generality of the foregoing, Plotr considers Reports and the methods, processes, and techniques on which they are based to be trade secrets of Plotr. When you view, purchase, or download Materials from the Website, you do so only under a license to use such Materials for your personal purposes (or, if you are obtaining such Materials on behalf of a business, for such business’ internal purposes), and you are not purchasing any intellectual property rights in or to the Materials.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit to others any of the Materials we provide to you, and you acknowledge that doing so would constitute a violation of this policy and may also constitute a violation of relevant intellectual property laws, rules, and regulations. You may not remove proprietary notices from copies of Materials. If Plotr discovers that a User has violated these terms, Plotr may immediately delete such User’s account and take any other action against such User as is available to Plotr under law. You acknowledge and agree that the Services and any software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property law and other laws.
The Website, the Services, and the entire contents, features, and functionality (including but not limited to all information, software, underlying code, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) associated therewith are owned by T2 Venture, Inc. and are protected by United States intellectual property laws (including but not limited to copyright, trademark, and patent laws) and where applicable, international intellectual property laws. No right, title, or interest in or to the Website or any content on the Website is transferred to you. As between Users and Plotr, all right, title and interest in and to any intellectual property incorporated, used, or made viable in connection with to the Services will remain solely with Plotr.
The term “PLOTR”, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of T2 Venture, Inc. You agree that you are only using the Services for the purposes intended and set forth herein, and not for purposes of reverse engineering or otherwise discovering confidential or protected information about the Website, Plotr, or the Services. Storage of Content. If you purchase Materials from the Website and such Materials are made available to you via download, you should download such Materials and store them securely on your own systems. We are not responsible for your inability to later access such Materials.
Reporting Infringement. Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent via [email@example.com]. The written notice (the “DMCA Notice”) must include the information required by 17 U.S. Code § 512. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Impersonation. Unless and until given information to the contrary, we assume that each User has the right to create an Account and use the Services, either on such user’s own behalf or on behalf of a business where applicable. We are not liable to any third-party if an unauthorized account is created on their behalf. If you feel that an Account has been created on your behalf or on behalf of an entity that you control which was not authorized, please contact us at [firstname.lastname@example.org].
Geographic Restrictions. The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PLOTR NOR ANY PERSON ASSOCIATED WITH PLOTR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PLOTR NOR ANYONE ASSOCIATED WITH PLOTR REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PLOTR OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OFFERED ON OR THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.IN THE EVENT THAT PLOTR IS FOUND LIABLE TO ANY USER UNDER THIS POLICY OR UNDER CLAIMS RELATING TO THE SERVICES PROVIDED TO A USER BY PLOTR, THE TOTAL LIABILITY OF PLOTR TO SUCH USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO PLOTR DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.