Bedrock Data reserves the right to modify these Terms at any time. Notice of changes will be posted on the Site and will become effective when posted. If you object to such changes, your sole recourse will be to cease use of the Site and Service. Continued use of the Site or Service following any such modification constitutes your agreement to follow and be bound by these Terms as modified.
Note for Children. The Site is intended for use by individuals who are at least the age of majority or older in their jurisdiction of residence. Use of the Site by a minor is prohibited. By continuing to access the Site, you warrant and represent that you are not a minor in your jurisdiction of residence.
1. Requirements and Restrictions
You may only use the Site in compliance with these Terms.
You may not attempt to gain unauthorized access to any portions of the Site that require a password for access other than as an authorized user pursuant to the End User Subscription Agreement.
You agree to provide accurate information when interacting with the Site or Content. Failure to provide accurate information may result in you not receiving access to the Site or Content. In addition to other remedies available to Bedrock Data, if you provide fraudulent, misrepresented, or otherwise untruthful information, we may terminate your access and prevent you from using the Site or Content in the future.
You agree to comply with all applicable international, federal, state, or local laws, ordinances, regulations, rules, decisions, orders, or requirements in connection with your use of the Site and Content. By using the Site, you represent and warrant that: (i) you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You may not use the Site or Content in any manner that damages, disables, overburdens, or impairs Bedrock Data or its authorized users, including, without limitation, by use of programs that contain viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
You may not copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code for the Site, or allow any third party to do so.
You may not use the Site or Content for your own commercial gain. This may or may not be limited to selling, distributing, or licensing to a third party any of the Content or aspects of the Site.
You may not offer any form of advertising or promotion without our prior written consent.
You may not deep link or mirror or frame the Site or any part of it on any other web site or web page.
3. Copyrights and Trademarks
We own the intellectual property rights to the design of and the information on and in the Site, including but not limited to the name of the Site and the look and feel of the color combinations, logo, button shapes, and other graphical elements of the Site. Such intellectual property is protected by international treaties and by copyright, trademark, patent, and trade-secret laws, as well as other proprietary rights. We reserve the all rights to pursue claims for violations of our intellectual property rights to the full extent of the law. Where permissible by law, you agree to pay the costs and expenses, including reasonable attorneys’ fees, relating to any claim or cause of action by us relating to your violation or threatened violation of our intellectual property rights.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information. This information should be sent by email to the address below:
4. Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE.
FURTHERMORE, IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE OR LIABLE FOR THE CONTENT, COMPLETENESS, ACCURACY OR LEGALITY OF INFORMATION OR MATERIAL DISPLAYED IN CONNECTION WITH OR ARISING OUT OF OUR SITE OR ANY CESSATION, INTERRUPTION OR DELAY IN THE PERFORMANCE OF OUR SITE FOR ANY REASON INCLUDING, WITHOUT LIMITATION, CAUSES BEYOND OUR REASONABLE CONTROL SUCH AS EARTHQUAKE, FLOOD, FIRE, STORM OR OTHER NATURAL DISASTER, ACT OF GOD, LABOR CONTROVERSY OR THREAT THEREOF, CIVIL DISTURBANCE OR COMMOTION, ACT OF TERRORISM, DISRUPTION OF THE PUBLIC MARKETS, WAR OR ARMED CONFLICT OR THE INABILITY TO OBTAIN SUFFICIENT MATERIAL, SUPPLIES, LABOR, TRANSPORTATION, POWER OR OTHER ESSENTIAL COMMODITY OR SERVICE REQUIRED IN THE CONDUCT OF BUSINESS INCLUDING INTERNET ACCESS, OR ANY CHANGE IN OR THE ADOPTION OF ANY LAW, ORDINANCE, RULE, REGULATION, ORDER, JUDGMENT OR DECREE. NOTWITHSTANDING ANY LEGAL PROVISION TO THE CONTRARY, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR CONNECTED TO OUR SITE SHALL IN NO EVENT EXCEED $100.
THE SITE, INFORMATION, CONTENT AND MATERIALS ON OUR SITE PROVIDED THROUGH OUR SITE, WHETHER BY US OR THIRD PARTIES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; ANY IMPLIED WARRANTY RELATING TO COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; AND ANY WARRANTY REGARDING THE SUITABILITY AND QUALITY OF OUR SITE FOR YOUR PURPOSES OR EXPECTATIONS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON OUR SITE OR THROUGH OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL ASSOCIATED SERVICING, REPAIR OR NECESSARY CORRECTION DUE TO ANY SUCH HARM. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE OR OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR THE SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM OUR SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, AVAILABILITY, RELIABILITY, SAFETY OR OTHERWISE.
WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU MAY PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM OUR SITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR SITE. WE DO NOT ENDORSE ANY OF THE CONTENT, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOUR SOLE REMEDY FOR ANY DISPUTE WITH ANY SUCH THIRD PARTY IS DIRECTLY AGAINST SUCH THIRD PARTY AND WE HAVE NO LIABILITY IN CONNECTION THEREWITH.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO (A) INFORMATION, CONTENT AND MATERIALS CONTAINED ON OUR SITE OR PROVIDED THROUGH THE SITE, AND (B) THIRD PARTY WEBSITES OR OFFERS PLACED THROUGH THE SITE IN RESPECT TO ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO SUCH THIRD PARTIES AND/OR ANY TRANSACTIONS BETWEEN YOU AND THIRD PARTIES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, as well as any respective employees, contractors, officers, directors, agents, content providers, licensors, licensees, distributors, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, successors and assignees (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of or related to: (a) any breach by you of these Terms; (b) claims arising directly or indirectly from your use or misuse of the Site; and/or (c) or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.
7. User Submissions
Any material, including but not limited to any feedback, data, answers, questions, comments, suggestions, notes, drawings, concepts or other information or ideas which you send to us or submit to the Site or any ideas, concepts, know-how or techniques contained therein (“User Submissions”) shall be treated as non-confidential and non-proprietary. Bedrock Data assumes no obligation to protect User Submissions from disclosure. By providing any User Submissions, you grant Bedrock Data a royalty-free, non-exclusive, perpetual, irrevocable, worldwide, sub-licensable right to reproduce, use, and distribute User Submissions, in whole or in part, in any manner or media without restriction and without any obligation, liability or compensation due to you.
By providing User Submissions you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to submit the material and you agree that any material you submit will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to provide the material and to grant us all of the rights granted to Bedrock Data herein.
8. Third Party Services, Information and Links
Any dealings with third parties conducted through the Site or Linked Sites, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. Bedrock Data shall not be responsible or liable for any part of any such dealings.
The Site may also include features or functionality that interoperate with online services operated by third parties such as Facebook and Twitter (such services, “Third-Party Services”), pursuant to agreements between Bedrock Data and the operators of such Third-Party Services (such agreements, “Third-Party Agreements” and such operators, “Operators”) or through application programming interfaces or other means of interoperability made generally available by the Operators (“Third-Party APIs”) which Bedrock Data does not control. Third-Party Agreements and Third-Party APIs (and the policies, terms and rules applicable to Third-Party APIs) may be modified, suspended or terminated at any time. Bedrock Data shall have no liability with respect to any such modification, suspension or termination. You are responsible for ensuring that your use of the Site in connection with any Third-Party Service complies with all agreements, policies, terms and rules applicable to such Third-Party Service.
9.1 Agreement to Arbitrate. This Section 9 is referred to herein as the “Arbitration Agreement.” The parties agree that any and all controversies, claims, or disputes between you and Bedrock Data arising out of, relating to, or resulting from these Terms, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
9.2 Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
9.3 Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures (the "AAA Rules"), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 4. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against Bedrock Data.
9.4 Venue. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Bedrock Data may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
9.5 Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Massachusetts, USA, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Site users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.
9.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA's Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
9.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
9.8 Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 9.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 9.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms will continue to apply.
YOU AND BEDROCK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SITE AND/OR ANY RELATED MOBILE APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
11. General Terms
11.1 When you communicate with Bedrock Data through the Site or send us e-mail, you are communicating with us electronically. You hereby: (a) consent to receive communications from Bedrock Data in an electronic form including but not limited to email, text, SMS, instant message, public message or any other form of electronic communication currently in existence or later devised; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The foregoing does not affect any rights you may have which cannot be waived under applicable law.
11.2. If any part of the Terms is deemed invalid or unenforceable under the law of the United States or any U.S. jurisdiction or under the law, rules or regulations of a particular country, the invalidity of such provision shall not affect the validity of the remaining provisions. The failure by either party to assert their rights hereunder shall not be deemed a waiver of those rights. Any waiver of any provision by us must be in writing and signed by Bedrock Data to have effect.
We make no representation that any content of the Site is appropriate or available for use in locations outside the United States. Accessing the Site from territories where the content is illegal is expressly prohibited. If you choose to access the Site from a location outside the United States, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transition of technical data exported from or imported to the country in which you reside. Notwithstanding the foregoing, Bedrock Data makes no representation that materials on or in the Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is expressly prohibited.
11.3 These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or the Site that is not subject to arbitration under Section 9 shall be filed only in the state or federal courts in Massachusetts, USA and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bedrock Data without restriction. This is the entire agreement between us relating to your use of the Site and shall not be modified except in a writing, signed by both parties, or by a change to these Terms made by Bedrock Data as set forth herein.
11.4. If you are a Bedrock Data customer, user, or partner, your use of the Bedrock Data Software (the “Service”) is also subject the Bedrock Data’s End User Subscription Agreement.
12. Contact Information
Attn: Legal Department
Bedrock Data, Inc.
186 South St, Suite 500
Boston, MA 02111
Phone: (877) 588-2671
Date Of Last Update: April 28, 2017