Terms of Service

Effective: May, 2018

Please read carefully the following Terms of Service ("Terms") which constitute a binding agreement between you (“Customer”) and Data Record Science, Inc. (“Data Record Science”, “DRS”, “we” or “us”).

By accessing or using any part of our website at www.datarecordscience.com (the “Site”) and services you indicate that you have read and agreed to be bound by these Terms. These Terms together with any additional agreements you may enter into with Company and concerning the Service, shall constitute the entire agreement between you and the Company and remain in full force and effect while you use the Services. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. If you do not agree to these Terms, then you have no right to access or use the site, services and site content, whether as a guest or as a registered user.

1. Definitions

“Data” refers to any product information and product images that are stored, displayed, processed, analyzed or otherwise used together with the Services.

"Store data" refers to any product information and product images owned by an online store.

"Manufacturer data" refers to any product information and product images owned by a manufacturer.

“Derivables” means any data or other content that is prepared and delivered to you while using our Services.

“Derived data” means any data or other content that is created by processing and analyzing third party data.

“Services” refers to database of product information, data and other content, features, services and resources provided and made available to you by the Company.

2. Your account

To use certain services or features on the Site you may be required to create an account. Any information provided by you during the registration process must be truthful and accurate. If your information changes at any time, please update your account to reflect those changes.

You are solely responsible for keeping your password confidential. If you believe your account has been compromised, please notify us immediately. We reserve the right, at our discretion, to reject your application for an account, or to terminate an account, with or without a notice. If you believe your account has been wrongfully rejected or terminated, please contact us at support@datarecordscience.com. Please review our Privacy Policy so you understand which personal information we collect and how we use it.

3. Subscriptions and termination

Some parts of the Service are billed on a subscription basis (“Subscription”). You will be billed in advance on a recurring, periodic monthly billing cycle, unless otherwise agreed to in writing between the Company and you. Your subscription is automatically renewed at the end of each billing cycle. If you wish to cancel your subscription, you must do that at least five (5) business days before the billing cycle is renewed. To cancel your subscription, please contact us at support@datarecordscience.com.

We reserve the right to use a third party service provider to process these payments and you may be bind to the terms and conditions of such payment processor.

We may terminate or suspend your subscription to the Services if we are unable to charge the due fees for any reason through no fault of ours. Your subscription will be renewed automatically after you pay all the outstanding fees, after such a payment is processed by the Company or a third party payment processor.

We reserve the right to change your subscription fees, at our discretion, at any time. You will be notified of such changes, i.e. the fees will be disclosed to you before they take effect. If you continue to use the Services after the fees take effect you have agreed to the changes.

4. License restrictions

The Site, the Services and technology and underlying software are property of the Company and are protected by U.S. and international conventions and copyright laws. You agree not to copy, modify, transfer, and reverse engineer, decompile, disassemble or otherwise attempt to gain access to the source code of the Services.

You may not use any manual or automated system, included but not limited to “robots”, “spiders”, “crawlers”, “scrapers”, site search/retrieval applications to obtain any data and content provided to you, unless explicitly allowed by the Company.

You shall not upload any content that is illegal, threatening, defamatory, obscene or offensive. You shall not upload any content that may interfere with the normal operation, or disable or circumvent any security feature of the Services or subject any portion of the Services to the terms of any “open source” or “creative commons” license.

You shall not sell, redistribute or sublicense any portion of the Services or your access to the Services in case of a merger, reorganization, consolidation or the sale of all or substantially all your assets or equity. We reserve the right to terminate the Services if such a transfer presents a conflict of interest for the Company.

5. Intellectual Property Rights

All Data Record Science trademarks, brand name or logo, content and services are owned solely by Data Record Science, Inc. All third-party trademarks, brand names or logos are the property of their respective owners.

If you own an online store or affiliate network and you do not want us to use your data in any form whatsoever, please contact us at support@datarecordscience.com

All copyrights, trademarks, designs and patents embodied in the Services including the methods by which the services are performed are solely owned by Data Record Science, Inc. and you shall have no rights whatsoever in any of the above.

6. Third party copyrights

We do not claim any right, title and ownership in third party copyrights of product information and product images that may be displayed to you or you may obtain through the Services.

By using our Site and Services you hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable permission to use your product information and product images for derivative works, i.e. analyzing data, creating reports and offering features of the Services.

Please send us any questions, concerns or comments you have regarding to the way we use third-party product information and product images to support@datarecordscience.com.

7. Disclaimers, no warranty

THE SERVICES, THE SITE AND SITE CONTENT ARE PROVIDED ON "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITING THE FOREGOING, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT. COMPANY SHALL NOT BE LIABLE FOR THE DELETION, MISDELIVERY AND/OR FAILURE TO STORE ANY INFORMATION AND CONTENT.

8. Limitations of liability

UNDER NOT CIRCUMSTANCES shall COMPANY OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU FOR ANY LOST DATA, LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL DAMAGES ARISING FROM OR RELATED TO THE SERVICES OR YOUR USE OF THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORT, UNDER STATUE, IN EQUITY, AT LAW OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE. IN NO EVENT shall COMPANY BE LIABLE WITH RESPECT TO THESE TERMS, THE SITE AND SERVICE FOR ANY AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100).

9. Indemnification

You agree to indemnify and hold Company and its affiliates, officers, employees, directors harmless from any claim, demand, action, suit and other proceedings (including all damages, settlements, costs and fees) of third parties arising out of or incurred in your access to the Services and Content, or any violation of these Terms by you.

10. Force majeure

Except for payments, neither party will be responsible for any delay or failure to perform attributable in whole or in part to any cause beyond its reasonable control, including but not limited to fire, flood, government actions, war, civil disturbance, strike, etc. In the event of any such delay we will provide you with a notification and the date of delivery of the Services will be deferred for a period equal to the time lost by reason of the delay.

11. Governing law, jurisdiction and venue

These Terms are governed by and construed in accordance with the laws of the State of California.

You agree to, in case of any dispute arising from or relating to the subject of these Terms with the Company, first contact us at support@datarecordscience.com and try to resolve the dispute informally. You accept that any claim or dispute shall be finally settled by arbitration in the State of California.

12. Privacy

Please review our Privacy Policy so you understand which personal information we collect and how we use it. By using the Site and Services you consent to this Privacy Policy and to our Terms.

13. Entire agreement

These Terms together with any additional agreements you may enter into with Company and concerning the Service, shall constitute the entire agreement between you and the Company and remain in full force and effect while you use the Services. Any waiver of any provision of these Terms will be effective only if in writing and signed by Company representative.

14. Changes and updates

We reserve the right, at our discretion, to alter these Terms, at any time and without prior notice, effective immediately upon publishing modified Terms on the Site. You shall be responsible for reviewing these Terms from time to time. If you continue accessing or using our site after changes to Terms are posted you indicate that you have accepted new Terms.

15. Contact

The Services hereunder are offered by Data Record Science, Inc.

Please send us any questions, concerns or comments you have regarding to these Terms to support@datarecordscience.com.