IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CLICKING "I ACCEPT" AND CONTINUING WITH USE OF THE MYRESEARCHER.COM WEBSITE.
This End-User License Agreement ("EULA") is a legal agreement between youand MyResearcher.com LLC ("MyResearcher") for the MyResearcher Data Tracking and Information Reporting Web Application, which may include associated software components, media, printed materials, and online or electronic documentation, and any amendments or updates to any of the foregoing (collectively, the "Software").
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
- 1.GRANT OF LIMITED LICENSE.
- 2. RESERVATION OF RIGHTS AND OWNERSHIP.The Software is licensed, and not sold, to you for use only under the terms of this EULA. No other licenses or rights are granted by implication, estoppel or otherwise. The Software is protected by copyright and other intellectual property laws and treaties. MyResearcherand/or its licensors own the entire title, copyright, and other intellectual property rights in the Software. Except as expressly licensed to you herein, MyResearcher and its licensors reserve all right, title and interest in the Software and all associated copyrights, trademarks, and other intellectual property and proprietary rights therein. The license rights granted herein are limited to the intellectual property rights of MyResearcher and its licensors in the Software and do not include the intellectual property or proprietary materials of other third parties.
- 3. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.You may not reverse engineer, decompile, or disassemble the Software by any means whatsoever, or alter, modify, enhance, or create a derivative work of the Software. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Software.
- 4. SUBSCRIPTIONS.If you registered for a subscription, your subscription will continue and will renew automatically unless terminated by us in accordance with this EULA or until you notify us of your decision to terminate your subscription or as otherwise provided in an applicable Other Agreement. The appropriate annual, monthly or similar periodic fee for your subscription will be billed automatically at the beginning of each renewal period, unless you cancel your subscription at least 14 days before the renewal period begins. The renewal policy is not applicable to a non-subscription plan. You agree to pay all fees and charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due on demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees. You may cancel all subscriptions, including monthly subscriptions or annual renewals, at any time, but no refund will be made for unused subscription periods unless otherwise provided in an applicable Other Agreement (as defined below).
- 5. PASSWORD POLICY.Your use of the Software may require a password. As part of the registration process, you must select a member name and password and provide MyResearcher with accurate, complete and up-to-date information. Anyone with knowledge of your password can gain access to the restricted portions of the Software and the information available to you. Accordingly, you must keep your password secret. By agreeing to this EULA, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through the Software using your password. You will also immediately notify MyResearcher if you become aware of any loss or theft of your password or any unauthorized use of your password or account, or any breach of security. MyResearcher reserves the right to delete or change a password at any time and for any reason.
- 7. DISTRIBUTION.You may not distribute any copies of the Software to third parties.
- COMPLIANCE WITH APPLICABLE LAWS.You must comply with all laws and regulations applicable toyour use of the Software and to the activities engaged in by you through use of the Software.
- 8. ASSUMPTION OF RISK.You use the Software solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While MyResearcher has endeavored to create secure and reliable Software, it does not guarantee the confidentiality of any communication or material transmitted to or from MyResearcher through the Software and/or the website through which the Software is accessed (the "Site"). Accordingly, MyResearcher and MyResearcher licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site and Software, or for the consequences of any reliance on such information. MyResearcher and MyResearcher licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site and Software.
- 9. TERMINATION.Without prejudice to any other rights, this EULA will terminate immediately without notice if you fail to: (i) comply with the terms and conditions of this EULA; (ii) pay any subscription fees to MyResearcher within thirty (30) days of when such fees are due; or (iii) are discontinued as a client of a MyResearcher affiliate company through which you were granted temporary access to the Software with or without a fee. Additionally, either party may terminate this EULA for any reason or no reason upon thirty (30) days’ prior written notice to the other party. In the event of termination of this EULA, you must immediately destroy all copies of the Software in your possession and, upon MyResearcher’s request, provide written confirmation or evidence of compliance with this Section10. Should you continue to use the Software after termination of this EULA, you will be liable to pay all costs, including reasonable attorney’s fees, of MyResearcher to enforce this EULA, as well as any damages suffered by MyResearcher. Sections 3,5-10,13-15, and 17-19of this EULA shall survive termination of this EULA.
- 10. ASSIGNMENT.You may not assign your rights and obligations under this EULA without the prior written consent of MyResearcher. Any assignment made in violation of the foregoing prohibition shall be null and void.This EULA shall be binding upon the parties hereto and their respective successors and permitted assigns.
- 11. THIRD-PARTY SERVICES OR PRODUCTS.The Software may contain links to other websites, resources and advertisers. MyResearcher is not responsible for such external sites.Third parties may offer from time to time applications or services to access, "plug-in" to or otherwise interact with the Software. Your use of such third-party applications is at your own risk and subject to the terms and conditions of those third parties.MYRESEARCHER MAKES NO REPRESENTATION OR WARRANTIES REGARDING THIRD-PARTY PRODUCTS EVEN IF DOWNLOADED FROM THE SITE OR BY MEANS OF A LINK ON SUCH SITE.
- 12. DISCLAIMER OF WARRANTIES.YOU EXPRESSLY UNDERSTAND AND AGREE THAT: EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- 13. LIMITS ON LIABILITY MyResearcher, its affiliates and its and their respective directors, officers, employees, agents, service providers, licensors and other partners will not be liable for:
- any loss, costs, expenses or damages, whether direct, indirect, special, consequential, incidental or otherwise, arising in relation to your use of, or reliance on, the Software, including, without limitation, any damages associated with any failure or malfunction of the Software;
- any loss, costs, expenses or damages, whether direct, indirect, special, consequential, incidental or otherwise, arising out of or relating to your use of or inability to use the Software, even if MyResearcher has been advised of the possibility of such damages, including but not limited to, loss of profits, loss of data or loss of use damages;
- the content of any website not controlled, owned, or operated by MyResearcher that is accessed from or linked to the Software;
- the content, services or information provided by any service provider or website purporting to be operated by MyResearcher or its affiliates, but not actually affiliated with, controlled, owned, or operated by MyResearcher; and
- any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.
Because some states do not allow the exclusion or limitations of liability for consequential or incidental damages, the above limitations may not apply to you. If you are dissatisfied with any portion of the Software, or with any of the terms of this EULA, your only remedy is to discontinue using the Software.
- 15. SUPPORT SERVICES.MyResearchermay provide the following support services: (a) configuration assistance; (b) fine tuning of monitoring; (c) onboarding assistance; and (d) maintenance of the Software.Notwithstanding the foregoing, MyResearchershall not be obligated to provide any direct support to any of your end users of the Software, but may upon your request and in MyResearcher’s sole discretion, contact such end users with your consent. Any updates, upgrades, supplemental software code or related materials that MyResearcher provides to you as part of any support services are to be considered part of the Software and are subject to the terms and conditions of this EULA. Some Software versions may not be compatible with various computer operating systems, and MyResearcherhas no obligation to release updates or upgrades to the Software.
- 16. EXPORT RESTRICTIONS.You acknowledge that the Software may be subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
- 18. DISPUTE RESOLUTION. Any dispute, controversy or claim arising out of or relating to this EULA, including any disputes relating to the content of Software, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. The arbitration shall be conducted by one arbitrator in English and in accordance with the International Rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be Las Vegas, Nevada. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys' fees to the prevailing party) shall be paid as the arbitrators determine. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts in Nevada for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, MyResearcher may seek preliminary injunctive relief from a court of law in the event of a breach by you.
- 19. GOVERNING LAW.You agree that this EULA and the relationship between you and MyResearcher shall be governed by and construed in accordance with the laws of the State of Nevada without regard to its conflict of laws analysis.
- 20. CONTACT.If you have any questions or concerns about this EULA or the Software, please contact MyResearcher:
by writing to us at:
6385 S. Rainbow Boulevard, Suite 105
Las Vegas, Nevada 89118