Terms & Conditions
TechTrack hereby agrees to furnish the Client and the Client hereby agrees to license and utilize this online service from TechTrack (the “Service”) only in accordance with these Terms and Conditions. The Service consists of any and all information made available to the Client on TechTrack’s website.
Fees Subscription Version
Use of Service
The Client undertakes not to copy and not to modify the Service in whole or in part, nor commercially to exploit the same, and that it will not disclose any Data received by it through its use of the Service to any third party outside the Client’s organization. Usernames and passwords are personal to the individual User, and multiple Users within a single Client Organization will each require an individual username and password. The Client undertakes not to reveal the Client’s username or password to any other person (either body corporate or natural) and acknowledges that any breach of security resulting in the use of its username and/or password by any third party constitutes material breach of the terms of the Agreement. The Client further acknowledges that the Client will be liable, and TechTrack is entitled to proportionate compensation from the Client, therefor: such compensation in all cases to exceed the subscription fee that would apply to the use of the Service by such third party or third parties.
The Client hereby agrees that TechTrack may adjust the Data. Any such adjustment will have no material impact on the meaning and interpretation of the Data, but will serve as a means of uniquely identifying the Data as having been supplied to the Client. The Client accepts that this is a legitimate and lawful security precaution on the part of TechTrack, and accepts further that in the event that any third party has access to Data that can be identified as having the Client’s unique adjustments a prima facie breach of security and of these Terms and Conditions and the Agreement on the part of the Client may be assumed by TechTrack. In the event that the Client suspects that its username or password has become known to any third party, it is the responsibility of the Client to, and the Client undertakes that it will, promptly inform TechTrack, and change its password, and take all reasonable steps to preserve the secrecy of its new password. Except as expressly permitted hereunder, the Client may not and hereby agrees that it will not: (i) use the Service in any manner; (ii) alter, reverse engineer, decompose, disassemble or otherwise seek to duplicate the performance characteristics of the Service; (iii) rent, lease, lend, sell, sublicense, trade, assign, give or permit access to, disclose, use on behalf of, furnish or redistribute the Service or any part thereof, to any third party not expressly permitted in the Agreement, including but not limited to, any affiliate or any other department of the Client; (iv) remove or obscure TechTrack’s proprietary right notices.
Use of Data
Ownership of Service
Limitations of Liability
While TechTrack uses reasonable efforts to prepare and provide the Service to the Client, neither TechTrack nor its agent shall be liable for any failure or inability to provide the Service due to any event, condition or circumstances beyond TechTrack’s reasonable control. In providing the Data, TechTrack relies upon sources that it believes to be accurate, but Client agrees that TechTrack cannot and will not verify the accuracy, completeness or timeliness of the Data or any work or product or projections based upon such Data. The Client acknowledges that any information derived from the Service is intended only for research purposes and not investment decisions. Any investment decision made by the Client, or investment advice offered by the Client is provided at the sole risk of the Client. Nothing contained in the Service shall be construed as a solicitation or recommendation to buy, sell, or otherwise invest in any security.
TechTrack and its Suppliers provide to the Client the Service and Data hereunder on an “as is” basis and without warranty of any kind. The Client hereby waives all other warranties either expressed or implied, including but not limited to any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, compatibility, security or accuracy, non- infringement or otherwise, including time of performance. Neither TechTrack nor the Suppliers warrant that the provision of the Service or Data will be uninterrupted or error free or virus free, nor do they make any warranties (express or implied) as to any results use of the same. The Client expressly agrees that it uses the Service and Data at its own sole risk. Accordingly, neither TechTrack nor its agent nor the Suppliers will in any way be liable to the Client or any other entity for any inaccuracies, errors, omissions, delays, damages, claims, liabilities or losses, regardless of cause, in or arising from the use of the Service or Data, or for any damage or delays to the Client’s hardware, software or data caused by or incidental to the use of the Service.
Neither TechTrack nor its Suppliers shall be liable for any loss or damage resulting directly or indirectly from mistakes, omissions, interruptions, delays, errors, any act, event, or defect, whether human or mechanical, occurring in the course of furnishing the Service or Data including, but not limited to, computer virus, online failure, failure of performance by third parties, fires, explosions, floods, labor disputes or mechanical breakdown. Notwithstanding the foregoing, if TechTrack and/or its agent is deemed liable to the Client for any reason, whether arising in contract, tort, strict liability or otherwise, TechTrack’s total liability including that of its agent hereunder shall be limited to the lesser of Five Hundred Canadian Dollars (CAD $500). Neither TechTrack nor the Suppliers shall be liable for any special, consequential, exemplary or punitive damages, including, but not limited to, lost profits, whether or not it or they are aware of the possibility thereof. The Client further agrees that no action, regardless of form, arising from or pertaining to the Service or Data may be brought by the Client more than one (1) year after the event giving rise to such action has occurred.