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Terms and Conditions

ACCESS AGREEMENT

By accessing this SITE and the applications thereon, you are hereby covenanting and representing that you have read the SITE’s Privacy Statement and are aware of and agree to comply by all the rules and regulations of this SITE, as same may be modified in accordance with the Terms of Service section listed below (the “Terms”). As used herein, you may be referred to as “you”, “Customer” or “Licensee”, all of which shall have and carry the same meaning regardless of the term used. Furthermore, by accessing this SITE you represent that you are aware and, if necessary, consent to have all your activities on this SITE monitored and recorded. By accessing this SITE, you are irrevocably and unconditionally consenting to the acceptance of the Terms.

I: Terms of Service

Notwithstanding anything to the contrary contained herein, subject to change and amendment by this SITE, this Access Agreement governs your use of this SITE. This SITE expressly reserves for itself, its successors and assigns, the right, in its sole discretion, to change, modify, or otherwise alter these Terms at any time effective upon posting of the modified Terms on the SITE. Customers are advised and encouraged to, from time to time, review the Terms of use of the SITE. Failure to periodically review the Terms of use shall in no circumstance relieve you from your requirement to confirm to the Terms of use of the SITE. By accessing this SITE, you agree to hold the SITE (its successors and assigns) harmless from any possible impairment or loss suffered by Customer as a result of Customer’s failure to review the Terms of the SITE. Additionally, access by you of any content or services accessible through the SITE may be subject to your acceptance of separate agreements with SITE, its affiliates or third parties, as the case may be.

II: Limited License and SITE Access

Notwithstanding anything to the contrary contained herein, SITE hereby grants Licensee a limited and revocable license to access this SITE for personal use (as used herein, the term “personal use” shall be read to exclude use of this SITE by non-authorized Customers and shall not be read to preclude the use of the SITE for commercial purposes). Customer shall neither download (other than page caching), nor permit any user accessing the SITE from a mechanism under your ownership, control or supervision, to download or modify any portion of this SITE, except with the express written or e-mailed consent of the SITE’s administrator in each instance. The license to use the SITE is person use only, and, accordingly, does not include any commercial use of the SITE or its contents or resale thereof; or any derivative use of this SITE or its contents, images or the like; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store information gathered from this SITE in any form; nor to distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on this SITE for any commercial purpose, or to knowingly allow any user accessing the SITE from a mechanism under your ownership, control or supervision (notwithstanding the foregoing, nothing contained herein shall prevent the Customer from saving exported files and sharing same at the reasonable discretion of the Customer subject to the rules and regulations of this Agreement) . By using the SITE, you represent and warrant to SITE that you will not use the SITE, or any of the content obtained from the SITE, for any purpose that is unlawful in any jurisdiction or prohibited by these Terms, as may be amended from time to time by SITE. You hereby acknowledge that this SITE does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this SITE. Violation of any of the Terms shall result in an automatic termination of your rights to use the SITE.

III: Customer must promptly update its information

As a condition precedent of your license to use of this SITE, you agree to always and promptly: (a) provide complete, true, accurate, and up-to-date information about yourself as prompted by the registration form, if applicable, and (b) to maintain and update this information to keep it true, accurate, up-to-date and complete. If any information provided by you is untrue (or becomes untrue at a future date), inaccurate, not up-to-date or incomplete, the SITE hereby reserves for itself, its successors and assigns, the right to terminate your account and refuse any and all current or future use of the SITE.

IV: Electronic Communications

You hereby acknowledge that you are aware of and agree to the fact that each act of visiting the SITE or sending e-mail to SITE, as the case may be, shall be deemed an “electronic communication.” Accordingly, you hereby irrevocably consent to receive communications from SITE electronically. The SITE will communicate with you by e-mail or by posting notices on the SITE. By accessing the SITE, you agree that all agreements, notices, disclosures and other communications that the SITE provides you by electronic communication shall be deemed to satisfy any legal requirement that such communication be in “writing” and shall be deemed written in ink. You are responsible for providing, at your expense, any access to the Internet and any required equipment.

V: Conduct

As a continuing condition precedent to accessing this SITE, you hereby irrevocably and unconditionally agree that each time you access this SITE, neither you nor any user accessing the SITE from a mechanism under your ownership, control or supervision, shall perform any the following:

a. Restrict or inhibit any other user from using and enjoying the SITE; or

b. Upload (whether from your personal computer, smartphone or the like), post, publish, transmit, reproduce, or distribute in any way (shape or form), information, software or other material obtained through the SITE which is or may be protected by copyright, patent, or other proprietary or intellectual right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder in each instance; or

c. Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind whatsoever, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or

d. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by this SITE) or engage in “spamming” or “flooding” (within the definition of said terms in the internet industry); or

e. Post or transmit any information or software which may contain a virus, Trojan horse, worm or other harmful component(s); or

f. Post, publish, convey, replicate, distribute or in any way exploit any information (whether accurate or not), software or other material obtained through the SITE for commercial purposes (other than as expressly permitted by the provider of such information, software or other material, on a case by case basis); or

g. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the SITE which is or may be protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder, including that of the derivative works right holder, in each instance.

VI: Monitoring

Each and every time you access this SITE, you hereby acknowledge that although the SITE has no obligation to monitor the SITE, the SITE hereby reserves the unconditional right (though not obligation) to monitor the SITE electronically, from time to time, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself (including its affiliates) or its subscribers from any liabilities, civil or criminal. Notwithstanding the foregoing, the SITE will not intentionally monitor or disclose any private electronic-mail message unless required by law, or any governmental body or tribunal. The SITE reserves the unconditional right to refuse to post or to remove any information or materials, in whole or in part, that, in the SITE’s sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.

VII: Feedback

In order to improve and best serve the interests of its users, the SITE may provide you with a mechanism to provide suggestions, proposals, feedback, responses and ideas, if you choose, about its software and services ("Feedback"). You will not be required to give Feedback, nor will you receive any pecuniary gain from same. You agree that this SITE may, in its sole and absolute discretion, use the Feedback you provide in any way, shape or form, including, without limitation, in future modifications of the SITE, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant SITE an irrevocable and perpetual, worldwide, fully transferable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose whatsoever. The SITE reserves the right to correct, in its sole and absolute discretion, any spelling, grammatical or factual errors in the Feedback.

VIII: Third Party Services & WebSITEs

Integration with Google Sheets

Authorization and Access: By using our service, you may authorize us to access your Google Sheets data on your behalf. Access is facilitated through Google's OAuth authentication, ensuring that your login credentials remain secure and are not shared with us. This access is necessary for SITE to provide the functionality of data export as per your request. You may revoke this access at any time through your Google account settings, understanding that doing so may impact the functionality of our service.

Data Handling: We commit to maintaining the confidentiality and security of the data accessed from your Google Sheets. The data will be used solely for the purpose of providing the services requested by you and improving your user experience. We will not share, sell, or disclose your data to third parties without your explicit consent, except as required by law.

Compliance with Google API Services User Data Policy: SITE use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

Limited Use Disclosure

SITE use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Third Party Services: During the course of your use of the SITE, you may be made aware of services, products, offers and promotions provided by third parties, whether or not affiliates of this SITE (collectively hereinafter “Third Party Services”). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party, and not this SITE, is responsible for the performance of the Third Party Services. In no circumstances shall this SITE be responsible for any damage or losses suffered by Licensees from any Third Party Services and by accessing this SITE you agree to hold this SITE, its successors and assigns, harmless from any and all damage or losses suffered by you from any Third Party Services.

THIRD PARTY WEBSITES: During the course of your use of the SITE, you may, from time to time, see reference links to web SITEs operated by third parties (collectively hereinafter the "Third Party WebSITEs"). Said links to Third Party WebSITEs are provided as a convenience only and shall in circumstance be deemed as under the control or supervision of this SITE. You acknowledge that such Third Party WebSITEs are not under the control of SITE and, therefore, this SITE, is not responsible for the content of any Third Party WebSITE or any link contained in a Third Party WebSITE and you irrevocably and unconditionally agree to hold this SITE harmless in the event of any damage or loss caused by a Third Party WebSITE. Furthermore, you hereby acknowledge that you are aware that this SITE does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party WebSITEs, and the inclusion of any link in the Service is not and shall not imply an affiliation, sponsorship, endorsement, approval, investigation, inquiry, analysis, verification or monitoring by this SITE of any information or content contained in any Third Party WebSITE. In no event shall this SITE be responsible or liable for the information contained in such Third Party WebSITE or for your use of or inability to use such webSITE. Access to any Third Party WebSITE is at your, the Licensee's own risk, and you, as the Licensee, acknowledges and understands that linked Third Party WebSITEs may contain terms and privacy policies that are different from those of this SITE and this SITE is thus not responsible for such provisions, and expressly disclaims any liability for them.

IX: Disclaimer of Warranties

your/Licensee’s use of this SITE, including any applications, applets, software, and content contained therein, is entirely at Licensees own and absolute risk. THE SERVICE IS PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, ITS AFFILIATES, ASSIGNEES, LICENSORS, SUBSIDIARIES,  THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY HEREINAFTER REFERRED TO AS "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SITE AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. SITE DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. THE SITE DOES NOT WARRANT THAT THE SITE IS SECURE, FREE FROM COMPUTER VIRUSES, “BUGS”, INTERRUPTION(S), ERRORS, THEFT OR DESTRUCTION OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. THE SITE IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.

THE ENTIRE CUMULATIVE LIABILITY OF THE SITEA ND ITS SUPPLIERS FOR ALL MATTERS ARISING FROM OR RELATING TO THESE TERMS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE LINCENSEE / CUSTOMER FOR THE RELATED SERVICES OR CONTENT PURCHASED FROM THIS SITE, ITS AUTHORIZED RESELLERS OR ITS SERVICE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THIS SITE NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THIS SITE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THIS SITE AND YOU/CUSTOMER ACKNOWLEDGES THAT ABSENT THE FOREGOING LIMITATIONS THE SITE WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICES LISTED HEREIN AND WOULD NOT HAVE GRANTED YOU ACCESS TO THIS SITE.

During the term of this Agreement, The customer’s data will AT all times be kept confidential and The site shall, to the best of its ability, hold such confidential information and secure it with the same security that it holds and protects its own confidential information.

If there is a breach or possible breach of confidential information the site will promptly notify customer and work with customer to either recover or destroy any remaining confidential information.

X: Amendment and Termination

Notwithstanding anything to the contrary contained herein, your use/access of this SITE may be terminated, temporarily or permanently, by this SITE at any time, immediately and/or without notice if you fail to comply with any term (material or not) or condition of the Terms. Upon such termination, you are agree and covenant to immediately cease and desist from accessing or using the SITE and agree not to re-register or otherwise make use of the SITE. Furthermore, you acknowledge that this SITE reserves for itself, its assignees and successors in interest, the right to take action, including, without limitation, legal or otherwise, to, in this SITE’s sole and absolute discretion, to terminate or withhold your access to this SITE. Additionally, this SITE reserves the right for itself and its affiliates, in its/their sole discretion, at any time and from time to time to change, modify or discontinue, temporarily or permanently, the SITE (or any part thereof). Under no circumstances shall this SITE shall not be liable to you or any other third party for any such modification, suspension or discontinuance except as expressly provided herein. 

In consideration for the grant of license to use the SITE, you agree and covenant to defend, indemnify and hold this SITE (including, without limitation, its affiliates, assigns and successors in interest) harmless from any and all claims (whether based on breach of contract, tort, product liabilities) costs, liabilities and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the placement or transmission of any electronic message (including, without limitation, unauthorized electronic messages transmitted by the SITE to an incorrect or unintended recipient(s)) , information, software or other materials through the Service by you or users of your account or related to any violation of these Terms by you or users of your account.

Upon termination of this Agreement, Customer will have no rights to use the SITE nor shall the Customer have any rights or remedies to request any information stored on the SITE.

XII: Miscellaneous

Except as expressly set forth in these Terms, these Terms of Service are a complete statement of the agreement between you and this SITE, and set forth the entire obligations of this SITE and its Suppliers and your exclusive remedy with respect to your access and use of this SITE. It is understood by Customer that the Suppliers, agents, distributors, dealers, and employees of this SITE are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on this SITE and any such actions shall be deemed null and void per se against SITE in each instance.

Any waiver of the terms herein by this SITE must be in a writing signed by an authorized officer of this SITE and expressly referencing the applicable provisions of the Terms.

If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

The Terms will be governed by the laws of the State of New York as applied to agreements entered into and to be performed entirely within the State of New York, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law.

The parties hereby consent to the exclusive jurisdiction and venue in the state courts in New York County, New York or federal court for the Southern District of New York. Headings are included for convenience only, and shall not be considered in interpreting these Terms.

All pronouns shall be deemed to be the masculine, feminine, neuter, singular or plural as the identity of the person or persons may require. References to a person or persons shall include partnerships, corporations, limited liability companies, unincorporated associations, trusts, estates and other types of entities.