This End-User License Agreement ("EULA") is a legal agreement between you and OppZonePortal.com ("OppZonePortal") for the OppZonePortal 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.
OppZonePortal grants you the following limited rights during the term of this EULA, provided that you comply with all terms of this EULA:Grant. OppZonePortal hereby grants you a non-exclusive, non-transferable, revocable, limited license, to use and display the Software, provided such use is in accordance with the permitted uses of the Software as set forth in this EULA and the purpose for which the Software was designed as set forth in any documentation and instructions provided for the Software. The license provided to you in this EULA does not include the right to make, or have made, derivative works of the Software, the right to sublicense, or any other rights not expressly granted in this EULA.
Copies. You may print and download materials and information in the Software:
on an occasional and irregular basis solely for personal and non-commercial use;
solely to the extent specifically permitted by a separate written agreement between you and OppZonePortal ("Other Agreement"); or
for internal business use where you have purchased the appropriate commercial license from OppZonePortal, provided in all such cases that you do not obscure, alter, remove or delete any copyright or other proprietary notices contained in such materials and information.
With the exception of the foregoing and except as otherwise expressly permitted herein, you may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, 'deep link', 'scrape', data mine, or otherwise use any information or material obtained from or through use of the Software.
If you wish to quote from or make excerpts from any report, research, analysis, periodical and/or other editorial material created and published by, or otherwise made available by, OppZonePortal for use by its subscribers and/or clients generally ("Publications") that are furnished to you on or through the Software (if any), or otherwise reuse or republish any portion of any Publication, you shall (a) do so only to the extent that any such action may be taken without violation of the Copyright Act or any other applicable laws (without regard to any permission or authorization granted by OppZonePortal), or is expressly authorized in writing by OppZonePortal, (b) provide an appropriate citation to the Publication containing the matter quoted, excerpted or reused, and (c) not use any portion of any Publication in connection with a prospectus or other document prepared in connection with the offering of securities.
Installation and Use. OppZonePortal grants you the right to install and use copies of the Software on such computers and devices located on your premises running a validly licensed copy of the operating system for which the Software was designed.
Restrictions on Use. You may not post any content from this Software to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior written consent of OppZonePortal. You warrant to OppZonePortal that you will not use this Software for any purpose that is unlawful or prohibited by this EULA, including but not limited to attempting or actually (a) disrupting, impairing or interfering with this Software, (b) collecting any information about other users of this Software, including passwords, accounts or other information, or (c) systematically extracting data contained in this Software to populate databases for internal or external business use. Additionally, you acknowledge and agree that you (and not OppZonePortal) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Software, and paying all charges related thereto.
Evaluation. If you have been granted temporary access to the Software in order to evaluate the materials and information available through the Software for possible procurement of a paid license or subscription, you acknowledge and agree that you will use the Software only internally and solely for the purpose of evaluating the Software during the Evaluation Period. The "Evaluation Period" shall commence on the first day you are granted access to the Software for evaluation purposes and continue for 30 days thereafter (or such different period as agreed to by OppZonePortal). You agree to discontinue all access and use of the Software at the end of the Evaluation Period, unless you have obtained a paid license or subscription from OppZonePortal for the continuing access and use of the Software. In the event you decide not to obtain a license to access and use the Software at the end of the Evaluation Period, you agree that you will promptly purge all materials and information furnished to you through the Software that has been stored in your computer systems, databases, or any data storage facilities owned or under your control, delete any passwords that allowed you to access the Software for evaluation purposes, and cease using all materials and information obtained as part of the evaluation.
System Changes. By installing this Software, you grant OppZonePortal the right to make changes to your computer system. Changes mayinclude, but are not limited to: adding files required for the Softwareâ€™s operation to your machine, modification of configuration files related to the Softwareâ€™s operation, addition of shortcut/link files to certain locations of your system to facilitate starting or launching the Software (typically your "Desktop" and/or "Start Menu"), and other changes that may impact your computer system.
YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE AND INFORMATION AND MATERIAL IN THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITH RESPECT TO THE SOFTWARE AND INFORMATION AND MATERIAL IN THE SOFTWARE, OPPZONEPORTAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SOFTWARE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SOFTWARE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE OPPZONEPORTAL EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SOFTWARE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS. OPPZONEPORTAL OBTAINS THE INFORMATION FURNISHED IN THE SOFTWARE FROM SOURCES BELIEVED BY IT TO BE REASONABLY ACCURATE AND RELIABLE. YOU EXPRESSLY AGREE THAT (i) ESTIMATES, FORECASTS, AND OTHER DATA AND INFORMATION PROVIDED VIA THE SITE OR SOFTWARE ARE, AND WILL BE CONSTRUED SOLELY AS, STATEMENTS OF OPINION AND NOT STATEMENTS OF CURRENT OR HISTORICAL FACT, INVESTMENT, FINANCIAL OR BUSINESS ADVICE, RECOMMENDATIONS REGARDING CREDIT DECISIONS OR DECISIONS TO PURCHASE, HOLD OR SELL ANY SECURITIES OR OTHER ASSETS, ENDORSEMENTS OF THE ACCURACY OF ANY OF THE DATA OR CONCLUSIONS, OR ATTEMPTS TO INDEPENDENTLY ASSESS OR VOUCH FOR THE FINANCIAL CONDITION OF ANY COMPANY OR THE ECONOMIC CONDITION OF ANY MARKET, INDUSTRY SEGMENT OR OTHER CATEGORY OR GROUP; (ii) ESTIMATES, FORECASTS, AND OTHER INFORMATION PROVIDED VIA THE SOFTWARE DO NOT ADDRESS ANY RISK OF ENTITIES, CREDIT COMMITMENTS OR DEBT OR DEBT-LIKE SECURITIES, INCLUDING BUT NOT LIMITED TO LIQUIDITY RISK, MARKET VALUE RISK OR PRICE VOLATILITY; (iii) ESTIMATES, FORECASTS, AND INFORMATION PROVIDED VIA THE SOFTWARE DO NOT TAKE INTO ACCOUNT YOUR PERSONAL OBJECTIVES, FINANCIAL SITUATIONS OR NEEDS; (iv) EACH ESTIMATE, FORECAST OR/AND INFORMATION SET WILL BE WEIGHED, IF AT ALL, SOLELY AS ONE FACTOR IN ANY DECISION MADE BY OR ON BEHALF OF YOU; AND (v) YOU WILL ACCORDINGLY MAKE YOUR OWN STUDY AND EVALUATION OF EACH CREDIT, MARKET, INVESTMENT AND/OR OTHER BUSINESS DECISION. FURTHER, YOU EXPRESSLY AGREE THAT ANY TOOLS, FUNCTIONALITY OR INFORMATION MADE AVAILABLE ON THE SOFTWARE ARE NOT A SUBSTITUTE FOR THE EXERCISE OF INDEPENDENT JUDGMENT AND EXPERTISE. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR ADVICE ON DUE DILIGENCE OF ANY KIND AND OTHER PROFESSIONAL MATTERS. OPPZONEPORTAL ADOPTS COMMERCIALLY REASONABLE MEASURES SO THAT THE INFORMATION FURNISHED IN THE SOFTWARE IS FROM SOURCES OPPZONEPORTAL CONSIDERS TO BE REASONABLY RELIABLE, INCLUDING, WHEN APPROPRIATE, INDEPENDENT THIRD-PARTY SOURCES. HOWEVER, OPPZONEPORTAL IS NOT AN AUDITOR AND DOES NOT INDEPENDENTLY VERIFY OR VALIDATE INFORMATION AND DATA IT RECEIVES AND/OR PROVIDES THROUGH THE SOFTWARE. OPPZONEPORTAL MAKES NO WARRANTY THAT (i) THE SOFTWARE, OR THE INFORMATION AND MATERIAL THEREIN, WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE, OR THE INFORMATION AND MATERIALS THEREIN, WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SOFTWARE, OR THE INFORMATION OR MATERIALS THEREIN, WILL BE CORRECTED, AND (v) THE SOFTWARE AND THE CONTENTS AND SERVER THAT MAKES THE SOFTWARE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OPPZONEPORTAL OR THROUGH OR FROM THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS EULA. OPPZONEPORTAL MAKES NO WARRANTY, TAKES NO RESPONSIBILITY FOR, AND EXCLUDES ANY AND ALL FORMS OF LIABILITY WHATSOEVER, FOR YOUR RELIANCE ON THE SOFTWARE OR ITS FUNCTIONALITY. 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.
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 OppZonePortal 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 OppZonePortal 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 OppZonePortal or its affiliates, but not actually affiliated with, controlled, owned, or operated by OppZonePortal; 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.
6385 S. Rainbow Boulevard, Suite 105
Las Vegas, Nevada 89118
MyResearcher also may disclose an individual's personal information:
MyResearcher may be required to use or disclose your information in connection with a legal action or other proceeding, including without limitation, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request. Through the Site and Software, MyResearcher may make available areas that allow for user interaction, including blogs, forums, bulletin board services, chat areas, or other message and communications features. Some of these forums may require registration. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information.
MyResearcher does not knowingly solicit or collect personal information on the Site and Software from children under the age of 13 without prior verifiable parental consent. If MyResearcher learns that, despite these measures, a child under the age of 13 has submitted personally identifiable information to MyResearcher through the Site or Software, it will take reasonable measures to delete such information from its records and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required by law).
MyResearcher is committed to protecting the security of any personal information you provide to us. We maintain commercially reasonable safeguards to maintain the security and privacy of personal information that you provide to us. After you have submitted your information online to MyResearcher, we recommend that you end your browser session before leaving your computer. In spite of these protections, MyResearcher cannot guarantee the security of any data submitted over the Internet. After your information reaches MyResearcher, however, it is stored on servers (or in the case of information received from you in person, in writing or over the phone, in physical storage areas) protected by procedures and technology designed to block reasonably foreseeable intrusions by unauthorized third parties.
Actual or attempted unauthorized use of the Site or Software may result in criminal and/or civil prosecution. For your protection, MyResearcher reserves the right to view, monitor, and record activity on the Site and Software without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site and Software. MyResearcher will also comply with all court orders involving requests for such information.
From time to time, you may receive periodic mailings, telephone calls or e-mails from MyResearcher with news or other information on events, products, services, discounts, special promotions, upcoming events or other offers from or on behalf of MyResearcher. If at any time you wish to stop receiving emails or mailings from MyResearcher please send us an email to firstname.lastname@example.org with the phrase "Privacy Opt-out: MyResearcher Mailings" in the subject line, or write to us at the address provided below, and we will remove you from MyResearcher's mailing list. Alternatively, for e-mail communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth at the bottom of most promotional e-mail messages from MyResearcher.
Your browser and other mechanisms may permit you to send do-not-track signals or other similar signals to express your preferences regarding online tracking. As MyResearcher does not track users across time or over multiple websites, MyResearcher does not receive, or respond to, browser do-not-track signals or other similar mechanisms. As noted above, third parties, such as our advertising partners, may collect data that relates to you. We cannot control third parties′ responses to do-not-track signals or other such mechanisms. Third parties′ use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.
If you are a California resident, you have the right to request information from us regarding the manner in which MyResearcher shares certain categories of personal information with third parties for their direct marketing purposes, in addition to the rights set forth above. Under California law, you have the right to send us a request at the designated address listed below to receive the following information:
This information may be provided in a standardized format that is not specific to you. The designated email address for submitting these requests can be found at: email@example.com.
firstname.lastname@example.org by writing to us at: MyResearcher.com 6385 S. Rainbow Boulevard, Suite 105 Las Vegas, Nevada 89118