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Web Site Terms of Use

IMPORTANT - PLEASE READ THESE TERMS OF USE CAREFULLY AS YOUR USE OF THIS WEB SITE IS GOVERNED BY THESE TERMS OF USE.

Adkodas LLC ("Adkodas") provides information including copies of archived and donated public data sets and analysis results based upon submitted data (collectively, the "Materials") and data analysis, including but not limited to machine learning and rule extraction services, Internet links, technical support, training and other services (collectively, the "Services") on this web site for your use, subject to the following terms ("Terms of Use"). By accessing this web site you are agreeing to the Terms of Use.

If you breach the Terms of Use, your authorization to use this web site, the Materials, and the Services is automatically terminated and you must destroy all Materials that you have obtained from this web site, whether copied, downloaded, printed or otherwise.

Adkodas reserves the right to refuse its Materials and Services to anyone at its own discretion.

Adkodas reserves the right to amend these Terms of Use at any time. Your use of this web site and all Materials and Services accessed through this web site are governed by the Terms of Use as posted at the time you access this web site.

Copyright

The contents of this site, including, but not limited to, all text, HTML code, CSS code, PHP code, images, graphics, icons, software and all other Materials on this web site are, except where specifically noted, protected by copyright, trademark and other intellectual property laws of the United States, and international treaties. Adkodas either owns or has obtained the rights to use such content on the web site, or in the case of specifically marked exceptions noted above, uses and/or provides material which has been explicitly placed into the public domain.

Trademarks

Trademarks on this web site may not be used except with the express written permission of the owner.

Adkodas, the Adkodas logo, Dynamic Relational Learning, and the Adkodas logo with the text "a different kind of data analysis" are trademarks or registered trademarks of Adkodas, LLC.

Use of Website

Adkodas grants you a non-assignable and non-transferable limited license to access and use (display, print, download) the Materials and Services either for your personal and non-commercial use or your commercial use, depending on your Subscription Type or Service Agreement. You must retain all copyright notices (such as, "2018 Adkodas LLC. All Rights Reserved."), trademark notices and other proprietary notices that are contained in the original Materials. You are not permitted to copy, modify, reproduce, sell, rent, lease, loan, distribute, or otherwise dispose of or deal with the applicable Materials or Services for any purpose whatsoever; provided, however, that you may use internally, without disclosure to any third parties, such part of the Materials and Services that constitute specific analysis results provided by Adkodas with respect to data that you have submitted (your “Analysis Results”), subject to terms and conditions included with such Results.

Parts of this web site are available only to registered users and subject to payment and other agreements. You agree not to attempt access to these parts of the web site without complying with all terms of such agreements. If you are authorized to access a part of this web site for a certain time period, then the license to use the Materials and Services (other than your Analysis Results) will terminate upon the expiration of the applicable time period.

You agree not to attempt to access unauthorized areas of this site, not to attempt to obtain without authorization or reverse engineer Adkodas software (“Software”), and not to make malicious attacks upon the web site (including but not restricted to denial of service attacks, cross-scripting attacks, and malicious file uploads). Attempts to access unauthorized areas of this site, including attempts to obtain without authorization or reverse engineer Software, as well as malicious attacks upon the web site including but not restricted to denial of service attacks, cross-scripting attacks, and malicious file uploads are a breach of these Terms of Use. Adkodas reserves the right to suspend or terminate accounts from and/or block access from Internet sites through which such attacks occur. Adkodas is not liable for the refund of any subscription costs associated with an account found to be in breach of these Terms of Use.

User ID and Password

Some parts of this web site, such as the Adkodas User Directory may be User ID- and password-controlled. You agree to register using accurate, complete and current information. You further agree that you will not allow any other person or entity to use your User ID and password to gain access to any access-controlled parts of the web site and you will notify Adkodas if you become aware of any unauthorized use of your User ID and password.

Furthermore, if you register a User ID with Adkodas using an educational subscription package, you must use and have a verifiable educational email address (one supplied via a university-level educational institution). If you register for educational access but your educational email address cannot be verified, or if you use the Materials or Services for a non-educational purpose or access the web site from a non-educational server, you will be deemed in breach of these Terms of Use, and your subscription and access may be revoked by Adkodas at any time and without refund.

Software License Agreements Incorporated in Terms of Use

All Software that are accessed from this web site are governed by written or electronic software license agreements ("SLAs"). The terms of such SLAs supplement these Terms of Use and are incorporated in these Terms of Use by reference. In the event of a conflict between these Terms of Use and the terms and conditions of the applicable SLA, the terms and conditions of the applicable SLA will prevail. All Software applications that are not governed by a specific software license agreement are governed by these Terms of Use.

Use of Adkodas Software is provided on a subscription use basis only; access to this web site does not grant access to a copy of the Software's binary executable, source code, or any other form. If you wish to use the Software on your own machine, please contact Adkodas for a special license.

By agreeing to these Terms of Use you agree to obtain approval from Adkodas before publishing any benchmarks regarding the Software.

Disclaimer

The Materials and Services are provided for educational or informational purposes only. It is not intended to provide legal, accounting or other professional advice and should not be relied on as such.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A) EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND ADKODAS, THE MATERIALS AND SERVICES ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, MERCHANTABILITY, QUALITY, DURABILITY OR ITS NON-INFRINGEMENT;

B) ADKODAS DOES NOT REPRESENT OR WARRANT THAT THE MATERIALS OR SERVICES ON THIS WEB SITE WILL BE FREE FROM ERRORS, VIRUSES OR OTHER DEFECTS;

C) THAT THE RELEVANCE AND RELIABILITY OF ANY ANALYSIS RESULTS IS A FUNCTION OF THE ACCURACY, RELEVANCE, RELIABILITY AND COMPREHENSIVENESS OF THE DATA YOU SUBMIT; AND

D) YOU ASSUME ALL RISKS IN THE TRANSMISSION OF ANY DATA OR INFORMATION TO AND FROM ADKODAS, INCLUDING ANY INTERCEPTION BY THIRD PARTIES.

Limitation of Liability

ADKODAS WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES (SUCH AS DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE WEB SITE MATERIALS AND SERVICES, LOSS OF PROFITS OR LOSS OF DATA), EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ADKODAS' AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT IS LIMITED TO THE AMOUNT OF THE FEES PAID BY YOU TO ADKODAS FOR USE OF THE WEB SITE MATERIALS OR SERVICES THAT IS THE SUBJECT OF THE CLAIM.

Waiver and Indemnification

IN CONSIDERATION OF PERMITTING YOU ACCESS TO THE WEB SITE AND TO THE MATERIALS AND SERVICES , YOU HEREBY AGREE AS FOLLOWS:

(1) YOU HEREBY WAIVE, RELEASE AND DISCHARGE ADKODAS LLC AND EACH OF ITS AGENTS, INCORPORATORS, FOUNDERS, OFFICERS, DIRECTORS AND EMPLOYEES (THE “RELEASEES”) FROM ALL LIABILITY FROM AND LOSS OF ANY KIND THAT YOU MAY SUFFER AS A RESULT OF USE OF THE WEB SITE, MATERIALS OR SERVICES.

(2) YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS RELEASEES FOR ALL CLAIMS, LOSSES, JUDGMENTS, LIABILITIES, DAMAGES AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEB SITE OR FROM YOUR ACCESS TO OR USE OF THE MATERIALS OR SERVICES.

BY ACCESSING THE WEB SITE, THE MATERIALS AND SERVICES, YOU UNDERSTAND AND ACKNOWLEDGE THAT THIS WAIVER AND INDEMNITY WILL BE USED AND RELIED UPON BY THE RELEASEES IN MAKING THE WEB SITE, THE MATERIALS AND THE SERVICES AVAILABLE TO YOU.

Disclaimer - GoDaddy.com Server Digital ID Certificate

Adkodas has acquired a Secure Sockets Layer (SSL) certificate ("Certificate") from GoDaddy.com, Inc. ("GoDaddy") for use pursuant to the terms of GoDaddy's Server Certificate Agreement (the "Agreement"). The Certificate is a computer-based record that contains, among other things, Adkodas' public key for use in connection with the encryption and decryption of electronic messages transmitted from selected portions of this web site.

Under the Agreement, GoDaddy disclaims any warranty with respect to the services provided by it and makes no assurances of the results of the cryptographic methods implemented in connection with the Certificate.

By transmitting any data or information to Adkodas from this web site, you acknowledge and agree that Adkodas does not make any representation or warranty, express or implied, concerning the Certificate or the results of the cryptographic methods implemented in connection with the Certificate, including any representation or warranty as to the functionality, performance, operation or non-infringement of the Certificate or the cryptography technology or any implied warranties of merchantability or fitness for a particular purpose.

Links to Other Web Sites

THE LINKS ON THIS WEB SITE TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE ONLY. ADKODAS IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE, CONTROL OR MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONTENTS, PRODUCTS AND SERVICES OFFERED FROM THIRD PARTY WEB SITES. YOU ARE RESPONSIBLE FOR VERIFYING THE ACCURACY OF THE INFORMATION CONTAINED IN THIRD PARTY WEB SITES, FOR COMPLYING WITH THE TERMS OF USE FOR SUCH THIRD PARTY WEB SITES, AND FOR REVIEWING AND UNDERSTANDING THE PRIVACY POLICIES OF SUCH WEB SITES.

Jurisdiction

This web site is controlled by Adkodas from its offices in the State of California, USA. By accessing this web site, you agree that all matters relating to your access of this web site will be governed by the laws of the State of California and of the United States. You also agree to submit to the exclusive jurisdiction of the courts of the State of California.

Adkodas makes no representation that the Materials and Services on this web site are appropriate or comply with the laws of jurisdictions outside of the United States. If you access this web site outside of the United States, you are responsible for ensuring that you comply with local laws.


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