Terms Of Use
 

Last revised: March 15, 2012

By using the ProjectStat.us website (the “Site”), a website of Contrarian Solutions, LLC (“Contrarian,” “us” or “we”), you agree to be bound by the following terms of use (the “Terms”). “You” and “your” refer to visitors to the Site and registered users of the services offered through the Site. These Terms constitute the entire agreement between you and Contrarian and govern your use of the Site, superceding any prior agreements between you and Contrarian (including, but not limited to, any prior versions of the Terms).

Violation of any of these Terms may result in the termination of your registration on the Site. While Contrarian prohibits certain conduct and content on the Site, you understand and agree that Contrarian has no obligation to monitor and is not responsible for the content posted on the Site by users and you may be exposed to offensive materials. You acknowledge that you use the Site at your own risk. Contrarian reserves the right (but not the obligation) in its sole discretion to review content on the Site and to refuse or remove any content that it determines may be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

User Requirements and Responsibilities:

  • You must be 13 years or older to use this Site.
  • Registration by “bots” or other automated methods is prohibited.
  • You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process. You represent and warrant that all information you provide for registration is accurate and complete.
  • You are responsible for keeping your payment information current.
  • Only you may use your login; you are not permitted to share your login with others for their use. Each person or legal entity may not maintain more than one free account.
  • You are responsible for maintaining the security of your account and password. Contrarian cannot and will not be liable for any loss or damage from your failure to comply with this safekeeping obligation.
  • You are responsible for all content posted and activity that occurs under your account.
  • You may not use the Site for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment; Changes to Your Registration; Cancellation:

  • A valid credit card is required to register for a paying account. A credit card number is not needed for a free trial.
  • If you initially sign up for a trial period with Standard or Pro accounts, and you don’t cancel that account within 14 days, you will be billed monthly starting on the 14th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 14th day, you will not be charged.
  • You will be billed and payment accepted automatically in advance on a monthly basis (or annually if you select that payment option) and your payment is non-refundable. There will be no refunds or credits for partial months of use of the Site, upgrade/downgrade refunds, or refunds for months unused with an open account.
  • For any upgrade or downgrade in plan level, your credit card will automatically be charged the new rate on your next billing cycle.
  • Downgrading your registration option may cause the loss of content, features, or capacity of your account. Contrarian does not accept any liability for any such loss.

You may cancel your account at any time and you are solely responsible for properly canceling it. You can cancel your account by clicking on the “Account” link at the top of the screen and then clicking on the “Cancel Subscription” link. An email or phone request to cancel your account is not considered cancellation. All of your content will be immediately deleted from the Site upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel your registration before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

Termination or Refusal of Registration:

Contrarian reserves the right to refuse use of the Site to anyone for any reason at any time. Furthermore, we, in our sole discretion, have the right to suspend or terminate your account and refuse any and all current or future use of the Site for any reason at any time. Such termination of the Site will result in the deactivation or deletion of your registration or your access to your account, and the forfeiture and relinquishment of all content in your account.

Modifications to the Site and these Terms:

Contrarian reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Monthly subscription plan fees are subject to change upon 30 days’ notice from us. We will post the notice on the Site and/or send it to you via email. Contrarian will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site.

We reserve the right to update and change the Terms from time to time without notice. The latest revision date is shown at the top of these Terms. Any new features that augment or enhance the current Site, including the release of new tools and resources, will be subject to the Terms. Check back frequently for changes. Your continued use of the Site after any changes will constitute your consent to the changes.

Copyright and Content Ownership:

All content posted on the Site must comply with U.S. copyright law. We claim no intellectual property rights over the material you provide to the Site. However, by sharing content with other users or publically, you acknowledge and agree to allow others to view and share your content.

General Conditions:

  • Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. You may not post content that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
  • You must not modify, adapt or hack the Site or modify another Web site so as to falsely imply that it is associated with the Site, Contrarian, or any other Contrarian Site.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site without the express written permission by Contrarian.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Contrarian customer, employee, member, or officer will result in immediate account termination.
  • You understand that the technical processing and transmission of the Site, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Contrarian) of other Site users, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

API Terms:

If you are able to access your account data via an API (Application Program Interface), your use of the API, including use of the API through a third-party product that accesses the Site, is subject to these Terms and the following specific terms: (1) You expressly understand and agree that Contrarian will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Contrarian has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API. (2) Abuse or excessively frequent requests to the Site via the API may result in the temporary or permanent suspension of your account’s access to the API. Contrarian, in its sole discretion, will determine abuse or excessive usage of the API. Contrarian will make a reasonable attempt via email to warn an account owner prior to suspension. (3) Contrarian reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Disclaimer of Warranties:

Contrarian does not warrant that (i) the Site will meet your specific requirements, (ii) the Site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, (iv) the quality of any products, Sites, information, or other material purchased or obtained by you through the Site will meet your expectations, and (v) any errors in the Site will be corrected.

Limitation of Liability:

You expressly understand and agree that Contrarian will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Contrarian has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; (v) or any other matter relating to the Site.

The failure of Contrarian to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.

These Terms will be governed solely by the internal laws of the State of Washington without reference to such State’s principles of conflicts of law. You consent to the personal and exclusive jurisdiction of the federal and state courts of Washington.

You may email us your questions about these Terms at sales@projectstat.us.

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