The Datamyne Terms of Use Policy

This Terms of Use Policy (the "Policy"), together with the Subscription Agreement (the "Agreement") governs Subscriber's use of the services accessible through The Datamyne web site (the "Site"). The Datamyne reserves the right to change, modify or remove content from the Site and services without prior notice, including individual data fields and historical data, due to technical, regulatory or business limitations. The Datamyne may modify this Policy at any time and at its sole discretion, and such modifications shall be effective immediately upon posting of the modified policies, terms and conditions on the Site.

1. Authorization: The Datamyne shall provide Subscriber with an identification code (the "User Name") and login password (the "Password", and together with the User Name, the "Credentials") by which Subscriber may access the Site and use The Datamyne services. The Datamyne may, at its discretion, add or change the security protocols, systems or procedures to enable Subscriber to access the Site, which upon implementation shall be deemed Credentials. The Credentials may be used by no more than one individual user at any given time. Subscriber shall not, directly or indirectly, provide or disclose to any third party the Credentials, or use the Credentials to provide to third parties access to or use of the Site or The Datamyne services.

2. Limitations: Subscriber shall not use or introduce into the Site any device, software, or routine that could damage or interfere with the proper operation of the Site. Subscriber shall not directly or indirectly take any action to unduly stress the Site, including by way of example and not limitation, incurring session lengths or conducting search queries that The Datamyne reasonably determines to be abusive, or use any scraper, robot, spider or other automated mechanism to access the Site or download the Content (as defined below). The Datamyne reserves the right to monitor Subscriber's use of the Site to provide guidance and assistance in the use of the Site, and to monitor Subscriber conformance with this Policy. Subscriber acknowledges and hereby consents to such monitoring.

3. Misuse: The Datamyne reserves the right to terminate the Agreement, and Subscriber's access to and use of the Site if, in The Datamyne's reasonable belief, Subscriber has failed to maintain the confidentiality of the Credentials, allowed the Credentials to be misused or has violated the usage limitations set forth in the Agreement or this Policy.

4. Reservation of Rights: The information provided by The Datamyne in connection with the Site (the "Content") is the property of and/or proprietary to The Datamyne. The Datamyne hereby grants to Subscriber during the term of its subscription a limited, nonexclusive, nontransferable and nonsublicensable right and license, solely for Subscriber's internal business use to use the Site and the services provided thereon. Subscriber may not resell, license or otherwise redistribute the Content. Nothing contained herein shall be construed as conferring to Subscriber, by implication or otherwise, any license or right under any copyright, patent, trademark or other proprietary right of The Datamyne. The Content may be provided to The Datamyne by third parties and by governmental and/or regulatory agencies, and while The Datamyne takes commercially reasonable steps to verify the validity of such data, it makes no representation or warranty with respect to the accuracy, currency or completeness of such third party data.

5. Disclaimers: EXCEPT AS EXPRESSLY PROVIDED HEREUNDER, THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES, IS PROVIDED "AS IS", INCLUDING DATA AND ANALYSIS RECEIVED, CONDUCTED, OR PROVIDED BY THE DATAMYNE, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE DATAMYNE EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, EXPECTED RESULTS, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE DATAMYNE SHALL NOT BE LIABLE TO SUBSCRIBER FOR ANY CLAIM OR LOSS CLAIMED BY SUBSCRIBER OR ANY THIRD PARTY RELATING TO BUSINESS DECISIONS MADE BY SUBSCRIBER AS A RESULT OF ITS USE OF THE SITE AND THE CONTENT. THE DATAMYNE DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. UNDER NO CIRCUMSTANCES SHALL THE DATAMYNE BE LIABLE TO SUBSCRIBER OR ANY OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WHERE THE DATAMYNE HAS BEEN ADVISED OR HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM SUBSCRIBER'S USE OF THE SITE.

6. Restrictions; Indemnification: Subscriber warrants that the Site will not be used by Subscriber to conduct or engage in unlawful activities; to violate any law or regulation; or to violate or infringe upon the rights of The Datamyne, or any third party, including without limitation, contractual rights, intellectual property rights and privacy rights. Subscriber agrees to defend, indemnify and hold harmless The Datamyne and its officers, directors, employees, agents, assigns and licensors from any and all claims, demands, liability, judgments, costs and expenses (including reasonable attorneys' fees and costs) arising out of or related to (i) any breach of any warranty, representation, covenant or agreement made by Subscriber in this Policy or the Agreement; or (ii) the development, operation, maintenance, distribution, use, offer to sell or sale of goods or services in Subscriber's business.

7. Force Majeure: The Datamyne's failure to maintain the Site and/or provide the Content as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, natural disasters, acts of terrorism or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Policy or any related subscription agreement. I acknowledge that I have read and understood the Policy and agree to its terms.

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