USER AGREEMENT
By accessing, viewing, downloading or otherwise using any user webpage or feature available through DemandIncrease, or any information provided as part of DemandIncrease’s services, (hereinafter collectively the “Services”), purchasing any DemandIncrease service, or completing the User Profile registration process, you conclude a legally binding agreement with Demand Increase LLC, 9072 Chardon Road, Kirtland, OH 44094, USA (“DemandIncrease”, “we” or “us”) based on the terms of this DemandIncrease User Agreement (“Agreement”) and become a DemandIncrease user (“User”).
If you are using DemandIncrease on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not complete the User Profile registration process or access, view, download or otherwise use any DemandIncrease User webpage, information or Services.
We encourage you to read this Agreement with care in order to participate with us in the development of a first-rate, Internet based, demand generator business. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.
You should also carefully read our Privacy Policy before deciding to become a User of DemandIncrease.
User Rights — What You May Do
On the condition that you comply with all User obligations under the Agreement, we grant you a limited, revocable, nonexclusive, non-assignable, right of access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data), to view information that we provide on DemandIncrease User web pages, as we intend such information to be used, and only in accordance with the Agreement and any specific terms of use that we make available to you.
Users may submit information to us to gain further insight into our data. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. DemandIncrease has no obligation to store, maintain or provide you a copy of any content that you provide when using the Services and reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice.
We grant you no other rights, implied or otherwise; and any use of DemandIncrease inconsistent with the foregoing is strictly prohibited and a violation of this Agreement.
Our Rights and Obligations — What We Must and May Do
The purpose of DemandIncrease is to provide Services to facilitate the understanding and development of business demand for its Users. For as long as DemandIncrease continues to offer services, DemandIncrease will provide (and seek to update, improve and expand, in similar and different new ways) the DemandIncrease platform and our Services to provide Users with valuable data and demand generation opportunities, through DemandIncrease’s proprietary tools and protocols which DemandIncrease may update, improve, discontinue and change at any time, at DemandIncrease’s sole discretion.
We allow you to access DemandIncrease as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue DemandIncrease, partially or entirely, or to charge and modify prices for DemandIncrease. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in DemandIncrease and all related items.
User Obligations — What You Must Do
You must comply with all applicable laws and all terms of this Agreement, including our list of User DOs and DON’Ts (see below), and our Privacy Policy, as they may be amended.
You must pay the applicable fees for all DemandIncrease Services to which you subscribe, as they become due plus all related taxes, if any, and reimburse us for any collection costs and interest for any overdue amounts.
You must inform DemandIncrease in the event that any information in your User Profile or Company Info changes and, if appropriate, you agree to make such modifications yourself in your account.
You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from DemandIncrease; (c) are not a direct competitor of DemandIncrease; (d) do not have more than one DemandIncrease account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.
Keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach (info@DemandIncrease.com), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your DemandIncrease account or any information therein to another party or charging anyone for access to any portion of DemandIncrease, or any information therein.
You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, or (b) any activity in which you engage on or through the DemandIncrease website.
You acknowledge and agree that we may send you important information and notices regarding our Services by email or through other means. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
You acknowledge, consent and agree that we may disclose your purchase and any information you provide if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of DemandIncrease, its Users or the public.
You agree that DemandIncrease, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, refuse, move or remove any material that you submit our site, black your email or IP address, or otherwise terminate your access to or use of the Services (or any part thereof) immediately and without notice if DemandIncrease believes that you have acted inconsistently with the requirements of this Agreement.
Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
DEMANDINCREASE DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. DEMANDINCREASE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, DEMANDINCREASE DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE DEMANDINCREASE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO DEMANDINCREASE.
Limitation of Liability
Neither DemandIncrease nor any of its affiliates, employees, shareholders, or directors shall be liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your access to or use of or any termination of your access to or use of the Services. This limitation of liability shall apply regardless of whether: you base your claim on contract, tort, statute or any other legal theory; we knew or should have known about the possibility of such damages; or the limited remedies provided herein fail of their essential purpose.
General Terms
Choice of Law: This Agreement and any disputes arising out of or relating to the Agreement or DemandIncrease (“Disputes”) shall be governed by Ohio law, excluding conflicts of law principles.
Arbitration and Legal Fees: Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Cleveland, Ohio, with a written decision stating legal reasoning issued by the arbitrator(s), and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses.
Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
No Informal Waivers, Agreements or Representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially.
Notices: We may notify you via postings on www.DemandIncrease.com, via email or by any other means of communication based on the contact information you’ve provided to us. You may notify us via email at info@DemandIncrease.com or via U.S. mail, Attn: Demand Increase, 9072 Chardon Rd., Kirtland, Ohio 44094.
Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
DemandIncrease User DOs & DON’Ts
As a condition to access DemandIncrease’s Services, you agree to strictly observe the following:
DO
provide us with complete and accurate information about you and your company and update it as necessary;
review our Privacy Policy and any notices we send concerning our Services; and
comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
DON’T
duplicate, license, sublicense, publish, broadcast, transmit, distribute, display, sell, rebrand, otherwise transfer or commercially exploit the Services or any information included on DemandIncrease’s User web pages (excluding content posted by you) except as permitted in the User Agreement;
reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide DemandIncrease, or any part thereof;
utilize information, content or any data you view on and/or obtain from DemandIncrease to provide any service that is competitive with DemandIncrease;
imply or state, directly or indirectly, that you are affiliated with or endorsed by DemandIncrease unless you have entered in to a written agreement with DemandIncrease;
adapt, modify or create derivative works based on information included on DemandIncrease’s User web pages or within its underlying technology, in whole or part;
rent, lease, loan, trade, sell/re-sell access to DemandIncrease Services or any information therein, or the equivalent, in whole or part;
deep-link to the site for any purpose, (i.e. including a link to a DemandIncrease web page other than DemandIncrease’s home page) unless expressly authorized in writing by DemandIncrease
use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any DemandIncrease User web pages;
access, via automated or manual means or processes, DemandIncrease for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of DemandIncrease’s website;
attempt to or actually access DemandIncrease by any means other than through the interface
provided by DemandIncrease;
attempt to or actually override any security component included in or underlying DemandIncrease;
engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
remove any copyright, trademark or other proprietary rights notices contained in or on DemandIncrease;
use any information obtained from DemandIncrease to harass, abuse or harm another person;
collect, use or transfer any information obtained from DemandIncrease except as expressly permitted in the User Agreement or as DemandIncrease may otherwise expressly permit;
interfere with or disrupt DemandIncrease, including but not limited to any servers or networks
connected to DemandIncrease, or disobey any requirements, procedures, policies or regulations of networks connected to the DemandIncrease;
use or attempt to use another's account without authorization, or create a false identity on DemandIncrease;
infringe or use DemandIncrease’s brand, logos and/or trademarks, including, without limitation, using the word “DemandIncrease” in any business name, email, or URL or including DemandIncrease’s trademarks and logos on any website without authorization; or
upload any information that you do not have the right to disclose or make available under any law or contractual or fiduciary relationship.
