These terms and conditions between you and Compendious, LLC, a Massachusetts limited liability company, govern your use of Scatterplotnews.com (“Website”) and the Scatterplot email newsletter (“Newsletter”); by using the Website and/or Newsletter, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Website or Newsletter.
You may use the Service only if you can form a binding contract with Compendious, LLC, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use of or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Compendious, LLC.
License to use Newsletter and Website
Unless otherwise stated, Compendious, LLC owns the intellectual property rights in the Newsletter and Website and material in the Newsletter and Website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the Newsletter and Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- sell, rent or sub-license material from the Newsletter or Website;
- reproduce, duplicate, copy, or otherwise exploit material on this Newsletter or Website for a commercial purpose;
- republish material from the Website or Newsletter (including republication on another website or app);
- show any material from the Newsletter or Website in public;
- edit or otherwise modify any material in the Newsletter or Website; or redistribute material from the Newsletter or Website without permission from Compendious, LLC;
- use a group inbox to subscribe to the Newsletter, or;
- share Newsletters designated as “Premium” or for paying subscribers only.
You must not use the Newsletter or Website in any way that causes, or may cause, damage to the Newsletter or Website or impairment of the availability or accessibility of the Newsletter or Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Website or Newsletter. You must not use the Newsletter or Website for any purposes related to marketing without Compendious, LLC’s express written consent.
Access to certain areas of the Website is restricted. Compendious, LLC reserves the right to restrict access to other areas of this website, or indeed this entire website, at Compendious, LLC’s discretion. If Compendious, LLC provides you with a user ID and password to enable you to access the Newsletter or restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential. Compendious, LLC may disable your user ID and password in Compendious, LLC’s sole discretion without notice or explanation.
Nothing in the Newsletter and/or on the Website constitutes or is meant to constitute, financial advice of any kind. If you require advice in relation to any financial matter you should consult an appropriate professional. You are aware of and agree that Compendious, LLC shall not be responsible for any loss that you suffer as a result of any financial transaction, regardless of whether or not you enter such transaction based in any way upon anything you learn from the Website and/or Newsletter. The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. The service is provided without warranties of any kind, whether express or implied. Without limiting the foregoing, Compendious, LLC, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable, or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service. Compendious, LLC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered through the Compendious, LLC service or any hyperlinked Website or service.
Limitations of Liability
To the maximum extent permitted by applicable law, in no event shall Compendious, LLC, its managers, members, affiliates, agents, directors, employees, suppliers, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from information contained in the Website and/or Newsletter. To the maximum extent permitted by applicable law, Compendious, LLC assumes no liability or responsibility for (I) any errors, mistakes, or inaccuracies of content; (II) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service or any information contained in the Website and/or Newsletter; (III) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (IV) any interruption or cessation of transmission to or from the service; (V) any bugs, viruses, trojan horses, or the like that may be transmitted to or from the service by any third party; (VI) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; (VII) violation of any person or entities’ intellectual property rights with respect to any content or goods. In no event shall Compendious, LLC, its affiliates, agents, directors, employees, suppliers, or licensors by liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to Compendious, LLC. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Compendious, LLC has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusion may not apply to you. This agreement gives your specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
The Website and Newsletter are controlled and operated from facilities in the United States. Compendious, LLC makes no representations that the service is appropriate or available for use in other locations. Those who access or use the service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
You hereby indemnify to the fullest extent Compendious, LLC from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms or any claim that you have breached any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Compendious, LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
Compendious, LLC may assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. You may not assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between Compendious, LLC and you in relation to your use of this Website and/or Newsletter, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Massachusetts, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Massachusetts for the resolution of any disputes.