Electra Data Dashboard Terms of Use

Terms of Use

Terms and Conditions
These are the terms of use ("Terms of Use") for your use of services or features on the sites owned and controlled by Electra Information Systems, Inc. ("Electra") including, without limitation, www.electrainfo.com (the "Sites"). We may add additional features, Sites or sub-Sites from time to time as we expand our offerings and these Terms of Use will govern those new features, Sites or sub-Sites when added. You may be accessing our Sites from a computer, mobile device, App or by any other means now known or hereafter devised, and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access. You may be using our interactive services and digital services ("Interactive and Digital Services") including dashboards, reports, alerts, messages, calendars, profiles, blogs, lists, groups, media, cloud, posts, Q&A, sales and other services whether currently existing or hereafter devised, and these Terms of Use govern your use of all such Interactive and Digital Services. You may be using our Sites and/or Interactive and Digital Services on behalf of a company or other legal entity. If so, these Terms of Use govern your and your company’s use of all such Sites and/or Interactive and Digital Services.

We may also provide links to and/or interact with you on third party sites ("Third Party Sites"). Our Terms of Use provide guidelines, rules and regulations in connection with our Interactive and Digital Services, including services that involve Third Party Sites, but Electra does not control the Third Party Sites, and these Terms of Use do not apply to companies that Electra does not own or control, or to the actions of people that Electra does not employ or manage. Electra has no control over, and assumes no responsibility for, the products, services, content, functionality, representations, warranties, privacy policies, or practices of any Third Party Sites. In addition, Electra will not and cannot censor or edit the content of any Third Party Sites. By using the Sites, you expressly release Electra from any and all liability arising from your use of any Third Party Sites. Accordingly, we encourage you to be aware when you leave the Sites and to read the terms and conditions and privacy policy of each other Third Party Site that you visit.

By using the Sites, you signify your agreement to these Terms of Use and our Privacy Policy, whether or not you have read them. The terms and conditions of our Privacy Policy are incorporated herein by reference. In the event of any conflict between these Terms of Use and the Privacy Policy, the terms of these Terms of Use shall control. If you do not agree with any of these, you should not use our Sites.

Electra reserves the right to change or modify any of the terms and conditions contained in these Terms of Use and/or our Privacy Policy from time to time at any time, without notice, and in its sole discretion. If Electra decides to change these Terms of Use, Electra will post a new version on the Sites and update the date set forth below. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. Your continued use of the Sites following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Sites. For this reason, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.

Site Access
Electra hereby grants you permission to use the Sites as set forth in these Terms of Use, provided that:

you are 13 years of age or older;

your use of the Sites as permitted is solely for your personal use and/or the use of your company or other legal entity;

you will not share your userid and password, if applicable, with anyone else,

you will not copy, disclose or distribute any part of the Sites or the Content (as defined below) or materials contained herein to any third party and/or in any medium without our prior written authorization;

you will not alter or modify any part of the Sites other than as may be reasonably necessary to use the Sites for its intended purpose;

you will otherwise comply with the terms and conditions of these Terms of Use;

you are not a competitor of Electra and are not using the Interactive and Digital Services for reasons that are in competition with Electra;

you comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;

you only provide accurate information and update it as necessary;

you review and comply with these Terms of Use and our Privacy Policy;

you only use the Sites and Interactive and Digital Services in a professional manner;

you do not use or attempt to use another's account without authorization, or create a false identity on the Sites;

you do not take any action that:

falsely states, impersonates or otherwise misrepresents your identity;

is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;

includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;

infringes upon any intellectual property or other proprietary rights;

includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

contains software viruses, worms, or any other computer code, files or programs that harm, interrupt, delay, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Electra or any user of Electra;

reverse engineers, decompiles, disassembles, deciphers or otherwise attempts to derive the source code for any underlying intellectual property used to provide the Interactive and Digital Services, or any part thereof;

utilizes or copies information, content or any data you view on and/or obtain from the Sites to provide any service that is competitive with the Sites, in Electra’s sole discretion;

falsely implies or states, directly or indirectly, that you are affiliated with or endorsed by Electra unless you have entered into a separate written agreement with Electra;

adapts, modifies or creates derivative works based on the Sites or technology underlying the Interactive and Digital Services, or other users’ content, in whole or part;

rents, leases, loans, trades, sells/re-sells access to the Sites or any Content therein, or the equivalent, in whole or part, unless you have entered into a separate written agreement with Electra;

sells, sponsors, or otherwise monetizes the Sites, the Interactive and Digital Services, or any other service or functionality of Electra, unless you have entered into a separate written agreement with Electra;

deep-links to the Sites for any purpose, (i.e. including a link to a Electra web page other than Electra’s home page) unless you have entered into a separate written agreement with Electra;

removes any copyright, trademark or other proprietary rights notices contained in or on the Sites, including those of Electra and/or any of its users, advertisers, suppliers, clients and/or counterparties;

removes, covers or otherwise obscures any form of advertisement included on the Sites;

collects, uses, copies, or transfers any information, including, but not limited to, personally identifiable information obtained from the Sites except as expressly permitted in these Terms of Use or as the owner of such information may expressly permit, unless you have entered into a separate written agreement with Electra;

infringes or uses Electra’s brand, logos and/or trademarks in any business name, email, or URL or including such trademarks and/or logos except as expressly permitted by Electra;

uses manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Sites;

uses bots or other automated methods to access the Sites, add or download Content, send or redirect messages, or perform other activities through the Sites, unless explicitly permitted by Electra;

accesses, via automated or manual means or processes, the Sites for purposes of monitoring their availability, performance or functionality for any competitive purpose;

engages in "framing," "mirroring," or otherwise simulating the appearance or function of the Sites and/or Interactive and Digital Services;

attempt to or actually override any security component included in or underlying the Sites;

engages in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Sites’ infrastructure, including, but not limited to, attempting to gain unauthorized access to the Sites, or transmitting or activating computer viruses on or through the Sites and/or Interactive and Digital Services; or

interferes with or disrupts or games the Sites and/or the Interactive and Digital Services, including, but not limited to, any servers or networks connected to Sites and/or the Interactive and Digital Services.

In order to access some features of the Sites, you may have to create an account. You may never use another's account without permission, or allow anyone else to use your account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep any account passwords secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to us for the losses of Electra or others due to such unauthorized use.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that access the Sites in a manner that sends more request messages to the Electra servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Electra grants the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of creating publicly available searchable indices of the Sites’ materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Sites, nor to use the communication systems provided by the Sites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Sites.

Copyright
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is owned by or licensed to Electra, or Electra believes it has a "fair use" right to use, all subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Electra and protected by U.S. and international copyright laws. All software used on the Sites is the property of Electra or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of using the Interactive and Digital Services or using the Sites as a resource. Any other use of materials on the Sites including, without limitation, reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, broadcast, display, sale, license, performance, exploitation, or any other purposes whatsoever, without the prior written permission of Electra, is strictly prohibited. Electra reserves all rights not expressly granted in and to the Sites and Sites’ materials and content. You agree not to circumvent, disable or otherwise interfere with security related features of the Sites or features that prevent or restrict use or copying of any materials or content or enforce limitations on use of the Sites or the materials or content herein.

Trademarks
Electra does not grant you any right or license to use, copy or modify any of its trademarks. All trademarks and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Electra may not be used in connection with any product or service that is not offered by Electra, in any manner that is likely to cause confusion among users or consumers, or in any manner that disparages or discredits Electra. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Responsibility for your Content
You are solely responsible for all content that you download, post or otherwise transmit to or from the Sites, through our Interactive and Digital Services or otherwise (collectively, "Content").

Your Use of Content on the Sites and Limitation of Liability
Electra provides the Sites and the Interactive and Digital Services and all other applications and services on the Sites as a forum only and on an "as is, where is" basis, with no representations whatsoever including, without limitation, of merchantability or fitness for a particular purpose. Under no circumstances will Electra be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content downloaded, posted or otherwise transmitted via or to the Sites or through the Interactive and Digital Services.

You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use of any Content or enforce limitations on use of the Sites or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. Electra reserves all rights not expressly granted in and to the Content.

Third Party Content and Third Party Sites
Electra will provide content of third parties ("Third Party Content") and links to Third Party Sites as a service to its users. Electra does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Electra and such third party. Electra does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Electra is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk.

Reservation of Rights
Electra reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Interactive and Digital Services and the Sites and to block or prevent your future access to and use of the Interactive and Digital Services and the Sites. Electra may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

comply with legal process;

enforce these Terms of Use;

respond to claims that any Content violates the rights of third parties;

respond to your requests for customer service; or

protect the rights, property or personal safety of Electra (and its employees), its users and the public.

Disclaimers
ELECTRA IS PROVIDING THE SITES, THEIR CONTENTS AND THE INTERACTIVE SERVICES ON AN "AS-IS, WHERE-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR INTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE INTERACTIVE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, ELECTRA DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, ELECTRA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT. INFORMATION IS SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR NOTICE.

ELECTRA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE INTERACTIVE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

Indemnification
You agree to defend, indemnify and hold harmless Electra (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees and expenses, arising out of:

your use of and access to the Sites and the Interactive and Digital Services;

your violation of any term of these Terms of Use;

a breach of your representations and warranties set forth above regarding Content; or

your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right).

This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites and the Interactive and Digital Services.

Ability to Accept Terms of Use
You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Sites are strictly not intended for children under 13. If you are under 13 years of age, then please do not use the Sites. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Electra without restriction including, without limitation in the event of a change of control of Electra by merger, acquisition, sale, or operation of law.

General
The Sites and Interactive and Digital Services are created and controlled by Electra in the State of New York, U.S.A. As such, the internal substantive laws of the State of New York will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Any claim or dispute arising under or related to the Sites, the Interactive and Digital Services and/or the subject matter of these Terms of Use (including, without limitation, any controversy or claim relating to the interpretation, applicability, enforceability or formation of these Terms of Use and/or the enforceability of this arbitration provision) shall be resolved by binding arbitration by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator shall be a former or retired judge. The award or decision rendered by the arbitrator (including liability for the legal costs and expenses of the party that substantially prevails in the dispute as set forth below) shall be final, binding, and conclusive and any court of competent jurisdiction may enter judgment upon such record. The award of the arbitrator shall include the payment of all costs and expenses including, without limitation, attorney fees, arbitration fees and all other legal fees, costs and expenses relating to the dispute, incurred by the party that the arbitrator determines substantially prevailed in the dispute, subject to the arbitrator’s sole determination. All proceedings connected with the arbitration, including hearings, shall be held in the City of New York, borough of Manhattan. This section does not preclude a party from seeking equitable relief from a court of competent jurisdiction.

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.

These Terms of Use, together with the Privacy Policy and any other legal notices published by Electra on the Sites or elsewhere, shall constitute the entire agreement between you and Electra concerning the Sites. If any provision of these Terms of Use is deemed invalid or unenforceable, the remaining provisions of these Terms of Use shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Electra’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Electra reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Sites following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND ELECTRA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE INTERACTIVE SERVICES MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Terms of Use Effective Date: June 21, 2019