Terms & Conditions

Databook Connect Terms and Conditions

Last Updated: June 28th, 2024


Welcome to Databook Connect! Use of Databook Connect’s website (located at https://community.databook.com/ and all related web sites, mobile sites, data files, visualizations and applications which link to these terms and conditions (the “Site”) and to all services offered by Databook Connect as a part of the Site (the “Program” or the “Services”), is governed by these terms and conditions (the “Terms” or the “Agreement”), so please carefully read them before using the Services.  For the purposes of these Terms, “we,” “our,” “us,” “Databook Connect,” and “Databook” refer to Databook Labs, Inc., the providers and operators of the Services. 


This Agreement for the Services is a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age or a single company, organization, or entity (“you” or, collectively with other users, “Participants”) and Databook Connect regarding your use of the Services. 


Please read carefully the following Agreement. By registering for and/or accessing, browsing, using or subscribing to the Services, or by clicking “I Agree,” or otherwise affirmatively manifesting your intent to be bound by this Agreement, you signify that you have read, understood, and agree to be bound by the following terms, including any additional guidelines and any future modifications, and to the collection and use of certain business data and other information related to you, your customers, or your business, which you may submit, store, and access via the Services, as set forth in our Privacy Policy.


If you are using Databook Connect on behalf of a company, entity, or organization (collectively, the “Subscribing Organization”) then you represent and warrant that you: (i) are an authorized representative of that entity with the authority to bind such entity to these Terms; (ii) have read these Terms; (iii) understand these Terms, and (iv) agree to these Terms on behalf of such Subscribing Organization.


NOTICE TO DATABOOK CUSTOMERS: The Program is an entirely free and optional service, offered independently of any of the paid services that Databook offers through separate written customer agreements (“Services Agreements”).  If you are using the Program as a Databook customer with an executed Services Agreement, you hereby acknowledge and agree that your use and access of the Program is not governed by your Services Agreement, and is governed solely by these Terms. Among other things, this means that any warranties, uptime or service-level guarantees contained in your Services Agreement will not apply with regards to your use of Databook Connect or any of its features (including, but not limited to, Private Groups).  This also means that any User Content or personal information that you submit, post, or otherwise transmit via Databook Connect will be handled solely pursuant to our Privacy Policy.


Please read these Terms carefully to ensure that you understand each provision. This Agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.




1. ELIGIBILITY. This Program is open to Participants who are age 18 years or older at the time of registration. It is free for anyone to join. By participating in the Program, you agree to these terms and conditions. We reserve the right to modify these terms and conditions at any time without notice. It is your responsibility to review these terms and conditions periodically to ensure that you are aware of any changes (though we will absolutely do our best to proactively keep everyone informed of any changes along the way.)

 

2. HOW TO REGISTER. To register for the Program, please visit https://community.databook.com/, accurately and truthfully complete the online registration form, agree to the terms and conditions of this Agreement, and follow the other instructions at the website listed above. In the course of registering for or using the Services, you may be required to provide us with certain information, including your name, contact information, username and password (“Credentials”), as well as whether or not you are – or work for – a Databook customer. Databook Connect handles such information with the utmost attention, care and security. Nonetheless, you, not Databook Connect, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information or other information relating to your account changes, you must notify us promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify us immediately by emailing matt.conley@trydatabook.com.  Please note that all accounts on the Program (“Accounts”) are intended to be specific to and used only by a single person.  Please do not use Accounts belonging to other individuals, and please do not create Accounts on behalf of an entire Subscribing Organization or otherwise for use by multiple individuals. 


3. ETIQUETTE. Our community is designed for the employees of current and historical Databook customers, and it is also open to revenue professionals around the world. We welcome members of all backgrounds, identities, and experiences. All Participants are required to be respectful and considerate of one another at all times, and everyone is to adhere to our policies around no solicitation, no selling, and no spam. This is a community to connect, learn, and collaborate. Please use the platform for those purposes, and those purposes alone. Interactions are meant to be constructive, ceasing to include any kind of personal attacks or harassment. Everyone is expected to follow the law, and no illegal activities will be condoned.


We reserve the right (but shall have no obligation) to monitor, flag, and remove user-generated content if it is deemed inappropriate, objectionable, harmful or violent at our sole discretion. At any point, Participants may have their accounts suspended or terminated for any reason deemed by Databook Connect team. For instructions on how to report potentially inappropriate content to Databook Connect team, please visit this page. 



4. ADDITIONAL TERMS AND GUIDELINES.  Certain features of the Program (“Individual Services”) may have their own terms and conditions that you must agree to when you sign up for or subscribe to that particular product, function, or service (each an “Individual Service Agreement”). An Individual Service Agreement supplements these Terms and is hereby incorporated by reference. If any term of these Terms expressly conflicts with any term of an Individual Service Agreement, the conflicting term in the Individual Service Agreement will control. All other terms and conditions of each agreement will remain in full force and effect. Further, you may be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms. 

 

5. REWARDS. From time to time, we may offer rewards programs, promotions, or giveaways in connection with the Program (“Rewards Programs”). For additional information regarding our currents Rewards Programs, please visit this page.   Participation in our Rewards Programs is entirely voluntary.


6. CONTRIBUTED AND SHARED CONTENT. All Participants are welcome (and encouraged) to share their thoughts, ideas, and opinions around sales and revenue generation topics within the platform. Any and all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) created, transmitted, published or displayed through use of the Services by Participants shall be referred to as “User Content.” 


You acknowledge that any User Content posted to the platform is being contributed from a variety of Participants from all over the world, with varying degrees of industry knowledge, expertise, and accuracy. Therefore, Databook Connect cannot be held responsible for the accuracy of each piece of contributed User Content to the platform. Please be advised to use discretion when referencing the User Content for personal and professional purposes.


The sharing of materials posted within the platform and collaboratively created by Participants is highly encouraged. By sharing it outside of the platform on social media, in-person, or on any third party websites, it is required to credit Databook Connect by providing written attribution to the website and including a direct link back to the website. Not adhering to this policy may result in a takedown notice being issued. 


In addition to the public space of the platform, some Participants may start or join invite-only Private Groups. The same policies regarding etiquette and content apply to these Private Groups. Information posted and shared within Private Groups should remain in there, and not make its way to the general community (unless the express written consent of the originator of such information has been granted.)


You agree that you are solely responsible for (and that Databook Connect has no responsibility to you or to any third party for) User Content, and for the consequences of your actions (including any loss or damage which Databook Connect may suffer) in connection with such User Content.  If you are registering for these Services on behalf of an organization, you also agree that you are also responsible for the actions of associated Participants and for any User Content that such associated Participants might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services.  Furthermore, you acknowledge that Databook Connect does not control or actively monitor User Content uploaded by Participants and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You acknowledge that by using the Services, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Databook Connect be liable in any way for any such materials.


In connection with User Content, you hereby represent, warrant, and agree that: (a) you have obtained the User Content lawfully, and the User Content does not and will not violate any applicable laws or any person or entity’s proprietary or intellectual property rights; (b) the User Content is free of all viruses, Trojan horses, and other elements that could interrupt or harm the systems or software used by Databook Connect or its subcontractors to provide the Services; (c) all User Content has and will be collected by you in accordance with a privacy policy that permits Databook Connect to share, collect, use, and disclose such User Content as contemplated under these Terms, and if required by applicable law, pursuant to consents obtained by you to do each of the foregoing; (d) you are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to User Content provided hereunder; (e) Databook Connect may exercise the rights in User Content granted hereunder without liability or cost to any third party; and (f) the User Content complies with the terms of these Terms. For purposes of clarity, Databook Connect takes no responsibility and assumes no liability for any User Content, and you will be solely responsible for its User Content and the consequences of sharing it hereunder. You may not submit any User Content that includes any information that can be used to identify, locate, or contact any of your employees, customers, users or potential customers or users, including: (1) first and last name; (2) home or other physical address; (3) telephone number; (4) email address or online identifier associated with an individual; (5) social security number, passport number, driver’s license number, or similar identifier; (6) credit or debit card number; (7) employment, financial or health information; or (8) any other information relating to an individual, including cookie information and usage and traffic data or profiles, that is combined with any of the foregoing (collectively, “Personal Data”) without Databook Connect’s prior written approval.


Databook Connect may refuse to store, provide, or otherwise maintain your User Content for any or no reason. Databook Connect may remove your User Content from the Services at any time if you violate these Terms or if the Services are canceled or suspended. If User Content is stored using the Services with an expiration date, Databook Connect may also delete the User Content as of that date.  User Content that is deleted may be irretrievable.  You agree that Databook Connect has no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through use of the Services.  


Databook Connect reserves the right (but shall have no obligation) to monitor and remove User Content from the Services, in its discretion. You agree to immediately take down any User Content that violates these Terms, including pursuant to a takedown request from Databook Connect. Databook Connect also reserves the right to directly take down such Content.


By submitting, posting or otherwise uploading User Content on or through the Services you give Databook Connect a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:




7. OWNERSHIP; PROPRIETARY RIGHTS.  The Services and any information and software received in connection therewith are exclusively owned and operated by Databook Connect and Databook Connect’s licensors. The visual interfaces, graphics, design, compilation, information, content, computer code, products, software, services, and all other elements of the Services provided by Databook Connect, but expressly excluding any of the foregoing owned or licensed by and posted to the Services at the direction of Participants (including without limitation User Content) (“Materials”) are protected by intellectual property and other applicable laws. Except for any technology licensed by Databook Connect, which is owned by and provided by our third-party licensors, all Materials contained in the Services, including without limitation the intellectual property rights therein and thereto, are the property of Databook Connect or its subsidiaries or affiliated companies. All trademarks, service marks, and trade names are proprietary to Databook Connect or its affiliates and/or third-party licensors. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Materials or the intellectual property rights therein or thereto, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Databook Connect under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Databook Connect does not waive any rights to use similar or related ideas previously known to Databook Connect, or developed by its employees, or obtained from sources other than you.


Except as provided in Section 6, Databook Connect acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any User Content that you create, upload, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Databook Connect, you agree that you are responsible for protecting and enforcing those rights and that Databook Connect has no obligation to do so on your behalf.

 

8. LICENSE FROM Databook Connect AND RESTRICTIONS ON USE.  TDatabook Connect gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Site and Services solely for your non-commercial or internal business purposes, in the manner permitted by these Terms.


You may not (and you may not permit anyone else to): (i) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Databook Connect, in writing; or (ii) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.


You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).


You may not rent, lease, provide access to or sublicense any elements of the Services to a third party or use the Services on behalf of or to provide services to third parties


You may not access the Services in a manner intended to avoid incurring fees or exceeding usage limits or quotas.


You may not access the Services for the purpose of bringing an intellectual property infringement claim against Databook Connect or for the purpose of creating a product or service competitive with the Services.  You may not use any robot, spider, site search/retrieval application or other manual or automatic program or device to retrieve, index, “scrape,” “data mine” or in any way gather data or information (including User Content) from the Services.


You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Databook Connect, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).


9. THIRD-PARTY SITES, THIRD-PARTY INFORMATION.  The Services may call the servers of other websites or services solely at the direction of and as a convenience to Participants (“Third Party Sites”). Databook Connect makes no express or implied warranties with regard to the information, or other material, products, or services that are contained on or accessible through Third-Party Sites. Access and use of Third Party Sites, including the information, material, products, and services on such sites or available through such sites, is solely at your own risk.


You acknowledge that Databook Connect does not manage or control the User Content that you access, store or distribute through the Services, and accepts no responsibility or liability for that information regardless of whether such User Content is transmitted to or by you in breach of these Terms. Databook Connect makes no warranty with respect to such User Content you may access, store or distribute through the Services. In particular, without limiting the generality of the foregoing, Databook Connect makes no warranty that such User Content will be free of any virus, worm, trojan horse, easter egg, time bomb, cancelbot, or other destructive or malicious code or programs. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Databook Connect with respect to third party and/or User Content that you choose to access, store or distribute, through the Services.

 

10. PRIVACY. Participant privacy is important to us. Please read our Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information.  Periodic emails from Databook Connect (in the form of newsletters, announcements, etc.) will be sent to members via the email addresses associated with their accounts. Additionally, staff members of Databook Connect may occasionally reach out to members via email by the email addresses associated with their accounts.

 

11. FORCE MAJEURE. Databook Connect shall not be liable for any delay or failure in performance whatsoever due to Acts of God, earthquakes, shortages of supplies, transportation difficulties, labor disputes, riots, war, fire, epidemics and similar occurrences. The obligations and rights of Databook Connect shall be extended on a day-to-day basis for a period of time equivalent to the period of the delay.


12.  MODIFICATION AND TERMINATION OF SERVICES. Databook Connect is constantly innovating in order to provide the best possible experience for its Participants. You acknowledge and agree that the form and nature of the Services which Databook Connect provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements.  Any new features that may be added to the website or the Services from time to time will be subject to these Terms, unless stated otherwise.


You may terminate these Terms at any time by ceasing use of the platform or issuing a formal request by messaging the Community Director via email at matt.conley@trydatabook.com. Your request will be reviewed as soon as possible. 


You agree that Databook Connect, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that Databook Connect will not be liable to you or any third party for such termination.


Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.


13. CHANGES TO THE TERMS. These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the Site or use of the Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services.  Please visit this page regularly to review these Terms for any changes.


14. DISCLAIMERS; NO WARRANTIES. 


THE SERVICES AND ANY MATERIALS OR USER CONTENT, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DATABOOK CONNECT, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.


DATABOOK CONNECT, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


DATABOOK CONNECT, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT: (I) THE SERVICES IS NOT INTENDED TO BE USED FOR INVESTMENT PURPOSES; AND (II) DATABOOK CONNECT HAS NO RESPONSIBILITY OR LIABILITY FOR ANY ISSUES OR HARM ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR ANY DATA, INCLUDING WITHOUT LIMITATION FOR INVESTMENT PURPOSES.


YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THIRD PARTY OR USER CONTENT, MATERIAL, OR DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, OR ANY OTHER HARM THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF SUCH THIRD PARTY OR USER PROVIDED INFORMATION, MATERIAL, OR DATA. DATABOOK CONNECT WILL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS, OR FAILURE TO STORE OR MAINTAIN ANY THIRD-PARTY OR USER CONTENT. NEITHER DATABOOK CONNECT NOR ANY OF ITS SUPPLIERS, LICENSORS, OR PARTNERS SHALL HAVE ANY LIABILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR SOFTWARE FURNISHED THROUGH THE SERVICES, OR FOR DELAYS, INTERRUPTIONS OR OMISSIONS THEREIN NOR FOR ANY LOST PROFITS, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.


CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


15. LIMITATION OF LIABILITY.


UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL DATABOOK CONNECT OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSSES OR LIABILITY RESULTING FROM LOSS OF DATA, LOSS OF REVENUE, ANTICIPATED PROFITS, OR LOSS OF BUSINESS OPPORTUNITY) THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE INFORMATION OR MATERIALS ON THE SERVICES, OR ANY OTHER INTERACTIONS WITH DATABOOK CONNECT, EVEN IF DATABOOK CONNECT OR A DATABOOK CONNECT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DATABOOK CONNECT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.


IN NO EVENT WILL DATABOOK CONNECT’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSOR’S, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.


YOU ACKNOWLEDGE AND AGREE THAT DATABOOK CONNECT HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS), AND THAT THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DATABOOK CONNECT.


16. INDEMNIFICATION.  You agree to defend, indemnify and hold harmless Databook Connect and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Services, including any data or work transmitted or received by you; (b) your violation of any term of these Terms, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any of your User Content or any other data that are submitted via your Account; (f) sharing or other disclosure of the Services or any component of the Services, including any data, outside of the scope of the terms of this Agreement; or (g) any other party’s access and use of the Services with your unique username, password or other appropriate security code. Databook Connect will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by Databook Connect. Databook Connect will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same.


17. COPYRIGHT POLICY

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

  2. Identification of the copyrighted work that you claim has been infringed;

  3. Identification of the material that is claimed to be infringing and where it is located on the Service;

  4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Name: Matt Conley, Copyright Manager
Attn: DMCA Notice
Company: Databook Labs Inc.
Address: 3000 El Camino Real, Palo Alto, CA 94306
Telephone: (650) 319-7346
Email: copyright@trydatabook.com

Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.


18. GOVERNING LAW; ARBITRATION; AND CLASS ACTION/JURY TRIAL WAIVER. 


Governing Law. You agree that: (a) the Services shall be deemed solely based in California; and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings if the arbitration provision below is found to be unenforceable.


Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Databook Connect. For any dispute with Databook Connect, you agree to first contact us at matt.conley@trydatabook.com and attempt to resolve the dispute with us informally. In the unlikely event that Databook Connect has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and Databook Connect agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Databook Connect from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property or other proprietary rights. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by emailing us at matt.conley@trydatabook.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration.


Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DATABOOK CONNECT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.


19. NO WAIVER. No waiver of rights under this Agreement by either party shall constitute a waiver of this or any other right under this Agreement.

 

20. SEVERABILITY. In the event that any term of this Agreement becomes or is declared illegal by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this Agreement. All remaining terms of this Agreement shall remain in full force and effect.

 

21. NO AGENCY. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.

 

22. ENTIRE AGREEMENT. This Agreement, including the agreements incorporated by reference, is the entire agreement between the parties hereto concerning the subject matter hereof and replaces any prior oral or written communications between the parties.


23. ASSIGNMENT. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Databook Connect without restriction.


24. CLAIMS. You and Databook Connect agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.


25. DISCLOSURES. The Services are offered by Databook Labs Inc., located at 350 Cambridge Ave, Suite 130, Palo Alto, CA 94306, USA and can be reached via email at matt.conley@trydatabook.com or telephone at 415-671-5436. If you are a California resident, (a) you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information; and (b) in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (650) 451-7815.