1 - User’s Acknowledgment and Acceptance of Terms
2 - Use of Site and Services
This 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.
3 - Privacy
By creating a DataEarn account, you also consent to receive electronic communications from DataEarn (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that We send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from Us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information We think will be of interest to you. You may opt-out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
If you provide your mobile phone number to Us through the Sites or in connection with your order, receipt, or use of our Service(s), you consent to receive calls or text messages at any such phone number sent by or on behalf of DataEarn, including auto-dialed calls and/or text messages, for marketing, promotional, operational or transactional purposes. You may opt-out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you.
Following such opt-out, you may continue to receive calls or messages for a short period of time while DataEarn processes your request. It is your responsibility to keep your account information, including your phone number, updated. Standard message and data rates applied by your mobile phone carrier may apply to the text messages We send you. Please contact your mobile phone carrier for details.
4 – Data Access and Analysis
As the holder of a DataEarn account, you may use our Services to gain access to personal data about you (“Your Data”) that is held by third parties, such as social media companies, streaming services, shopping, and ride-sharing companies. See here https://dataearn.com/faq for a list of the third parties for which DataEarn can provide you with a direct link to access Your Data. When you access Your Data through DataEarn, Your Data will be sent directly to you by the third party from whom you requested it, and DataEarn will not receive a copy.
5 – Data Store
A. Opting In
As 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 Policy
YOU MAY CANCEL YOUR PARTICIPATION IN THE DATA STORE AT ANY TIME BY FOLLOWING THE INSTRUCTIONS ON OUR SITE
We 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 Warranties
YOU 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 Liability
TO 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.
7 - Intellectual Property Information
8 - Security and Password
You 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.
9 - Dispute Resolution
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial District in which DataEarn’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of either party seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract, and this contract does not provide such authorization. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section 12 is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section 9 or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.
10 - Governing Law
This 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 - Notices
All 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 firstname.lastname@example.org 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.
12 - Entire Agreement
13 - Miscellaneous
You 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.