This JeeQ Data Online Subscription Agreement is between the entity you represent, or, if you do not designate an entity in connection with a Subscription purchase or renewal, you individually ("you" or "your"), and JeeQ Data LLC ("JeeQ Data", "we", "us", or "our"). It consists of the terms and conditions below, as well as the Online Services Terms, the limit warranties, and the Offer Details for your Subscription. It is effective on the date we provide you with confirmation of your Subscription.
a. Right to use. We grant you the right to access and use the JeeQ Data Online Services to track and monitor the retail product or category with your Subscription, as further described in this agreement. We reserve all other rights.
b. Acceptable use. You may use the service only in accordance with this Agreement. You may not reverse engineer, decompile, disassemble, or work around technical limitations in the Service, except to the extent applicable law permits it despite these limitations. You may not disable, tamper with, or otherwise attempt to circumvent any billing mechanism that meters your use of the Online Services. You may not rent, lease, lend, resell, transfer, or host the Service, or any portion thereof, to or for third parties except as expressly permitted in the Online Services Terms.
c. End Users. You control access by End Users, and you are responsible for their use of the Service in accordance with this agreement. For example, you will ensure End Users comply with the Acceptable Use Policy.
d. Responsibility for your accounts. You are responsible for maintaining the confidentiality of any non-public authentication credentials associated with your use of the Online Services. You must promptly notify our customer support team about any possible misuse of your accounts or authentication credentials or any security incident related to the Online Services.
JeeQ Data reserves the right to verify eligibility at any time and suspend the Online Service if the eligibility requirements are not met.
e. Re-use or re-publishing JeeQ Data reports and data JeeQ Data grants all users to re-use our free reports and data in their own format or re-publishing on the condition that the data source (aka, "from JeeQ Data") is mentioned. Paid users doesn't need to mention the data source for the data countent they have subscribed.
a. Available Subscription offers. JeeQ Data LLC provides Offer Details for available Subscription offers, which generally can be categorized as one or a combination of the following:
c. Pricing and payment. Payments are due and must be made according to the Offer Details for your Subscription.
Prices are exclusive of any taxes. You must pay any applicable value added, goods and services, sales, or like taxes that are owed with respect to any order placed under this agreement and which we are permitted to collect from you under applicable law. You will be responsible for any applicable stamp taxes and for all other taxes that you are legally obligated to pay including any taxes that arise on the distribution or provision of Products to your Affiliates. We will be responsible for all taxes based on our net income or on our property ownership. If any taxes are required to be withheld on payments you make to us, you may deduct such taxes from the amount owed to us and pay them to the appropriate taxing authority; provided, however, that you promptly secure and deliver an official receipt for those withholdings and other documents we reasonably request to claim a foreign tax credit or refund. You must make certain that any taxes withheld are minimized to the extent possible under applicable law.
a. Agreement term and termination. This agreement will remain in effect until the expiration, termination, or renewal of your Subscription, whichever is earliest.
b. Subscription termination. You may terminate a Subscription at any time during its Term; however, you must pay all amounts due and owing before the termination is effective.
c. Refund Upon your request of terminating service with JeeQ Data LLC, we will refund your remaining balance to your payment account less than the current month service charge and the processing fee such as the service charge by PayPal gateway. Please notice your promption credit got from JeeQ Data LLC and our affliate partners are not refundable.
JeeQ Data subscripton service is monthly based service term. If you terminate a Subscription to JeeQ Data Services at any time during the term, you must pay for the remainder of the month, and no refunds will be provided.
c. Suspension. We may suspend your use of the Online Services if: (1) it is reasonably needed to prevent unauthorized access to Customer Data; (2) you fail to respond to a claim of alleged infringement under Section 5 within a reasonable time; (3) you do not pay amounts due under this agreement; or (4) you do not abide by the Acceptable Use Policy or you violate other terms of this Agreement. If one or more of these conditions occurs, we may suspend your use of the Online Services or terminate your Subscription and your account immediately without notice. However, for non-payment violation, except where we reasonably believe we need to suspend immediately. We will give at least 30 days' notice before suspending for non-payment. If you do not fully address the reasons for the suspension within 60 days after we suspend, we may terminate your Subscription and delete your Customer Data without any retention period.
a. Limited warranty.
b. Limited warranty exclusions. This limited warranty is subject to the following limitations:
c. Data Storag.e We warrant that user subscribed sales data being avaiable to reporting or downloading for 2 years from the time they were collected. After 2 years, the sales data may be archived or deleted in order to improve the system performance and reporting speed, with or without notification to our users.
d. DISCLAIMER. Other than this warranty, we provide no warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability or fitness for a particular purpose. These disclaimers will apply except to the extent applicable law does not permit them.
a. Limitation. The aggregate liability of each party for all claims under this agreement is limited to direct damages up to the amount paid under this agreement for the Online Service during the 12 months before the cause of action arose; provided, that in no event will a party's aggregate liability for any Online Service exceed the amount paid for that Online Service during the Subscription.
b. EXCLUSION. Neither party will be liable for loss of revenue or indirect, special, incidental, consequential, punitive, or exemplary damages, or damages for lost profits, revenues, business interruption, or loss of business information, even if the party knew they were possible or reasonably foreseeable.
a. Notices. You agree to receive electronic notices from us, which will be sent by email to the account you specify in the JeeQ Data account. You are responsible for ensuring that the email address that you specify in the JeeQ Data account is accurate and current.
Any email notice that we send to that email address will be effective when sent, whether or not you actually receive the email.
b. Assignment. You may not assign this agreement either in whole or in part.
c. Severability. If any part of this agreement is held unenforceable, the rest remains in full force and effect.
d. Waiver. Failure to enforce any provision of this agreement will not constitute a waiver.
e. No third-party beneficiaries. There are no third-party beneficiaries to this agreement.
f. Applicable law and venue. This agreement is governed by Washington law, without regard to its conflict of laws principles, except that (i) if you are a U.S. Government entity, this agreement is governed by the laws of the United States, and (ii) if you are a state or local government entity in the United States, this agreement is governed by the laws of that state. Any action to enforce this agreement must be brought in the State of Washington. This choice of jurisdiction does not prevent either party from seeking injunctive relief in any appropriate jurisdiction with respect to violation of intellectual property rights.
g. Entire agreement. This agreement is the entire agreement concerning its subject matter and supersedes any prior or concurrent communications. In the case of a conflict between any documents in this agreement that is not expressly resolved in those documents, their terms will control in the following order of descending priority: (1) this JeeQ Data Online Subscription Agreement, (2) the Online Services Terms, (3) the applicable Offer Details, and (4) any other documents in this agreement.
h. Contracting authority. If you are an individual accepting these terms on behalf of an entity, you represent that you have the legal authority to enter into this agreement on that entity's behalf.