Terms of Service
2 - Use of Site and ServicesThis Site and the Services are solely for individuals older than sixteen (16) years and may not be used by minors without the express written consent of a parent or guardian.
5 – Data StoreA. Opting InAs the holder of a DataEarn account, you may also opt-in to participate in our Data Store. If you opt-in, you can decide to share Your Data with one or more third parties (“Buyers”) who will pay you for the right to use Your Data in ways you permit. In exchange, each Buyer will make payments (each a “Payment”) to DataEarn, from which DataEarn will retain a percentage (“DataEarn Share”) and pass along the remainder of the Payment (“Your Share”) to you. By submitting Your Data to DataEarn for participation in the Data Store, you agree that DataEarn and each Buyer may store and process Your Data for this purpose, and you represent and warrant that you own all rights in all data you submit to DataEarn for this purpose. You may opt- in for participation in the Data Store at any time, whether or not any Buyers elect to access Your Data at the time you opt-in.B. Cancellation PolicyYOU MAY CANCEL YOUR PARTICIPATION IN THE DATA STORE AT ANY TIME BY FOLLOWING THE INSTRUCTIONS ON OUR SITEC. AvailabilityWe reserve the right to change our Data Store Services and other Service offerings, and to adjust Tier levels and DataEarn Shares as We may determine in our sole discretion, at any time and without notice; provided, however, that if We change the amounts or other charges associated with your then-current participation in the DataStore, We will provide advance notice of such changes via one of the means described in Section 3 above. Your continuing participation in DataStore after our delivery of such notice will confirm your acceptance of such changes unless you cancel your participation in accordance with the cancellation policy set forth in Section 4(B) above.
5 - Disclaimer of WarrantiesYOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO YOUR USE OF THE SITE AND THE SERVICES. WE ATTEMPT TO DISPLAY THE CONTENT AND INFORMATION YOU VIEW ON THE SITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH CONTENT AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SITES, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY CONTENT RELATED TO OUR SERVICES PROVIDED BY OR DISPLAYED THROUGH A THIRD-PARTY CHANNEL, INCLUDING, WITHOUT LIMITATION, REGARDING ITS ACCURACY OR COMPLETENESS.THE SITES, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, SERVICES AND CONTENT.
6 - Limitation of LiabilityTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, VENDORS OR CONTRACTORS (COLLECTIVELY “DATAEARN PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITES, SERVICES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ANY DATAEARN PARTY, OR FROM EVENTS BEYOND THE DATAEARN PARTIES’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE DATAEARN PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE DATAEARN PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO ACCESS TO OR USE OF THE SITES, SERVICES OR CONTENT EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE DATAEARN PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE DATAEARN PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH DATAEARN PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”THE LIMITATIONS SET FORTH IN THIS SECTION 6 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY SERVICES YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
8 - Security and PasswordYou are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and We reserve the right to immediately terminate your account if you do transfer or share your account.
10 - Governing LawThis site is controlled by Us from our offices within the State of New York, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of the State of New York, by accessing this site you agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Sites and the purchase of Services. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the State of New York with respect to such matters.
11 - NoticesAll notices to a party shall be in writing and shall be made either via email, postal mail or overnight courier. Notices to Us must be sent to email@example.com if by email, or at DataEarn, Inc., One Seaport Plaza, 199 Water Streeet, New York NY 10038 if by postal mail or courier. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, We may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
13 - MiscellaneousYou warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of our Services shall be subject to this Agreement unless explicitly stated otherwise in writing.