Terms and Conditions
Intellectual Property Rights.
The content on the website or application is protected by copyright, trademark, patent, trade secret and other laws, and Fanalytical owns and retains all rights in Fanalytical content, resources, materials, and processes. Fanalytical’s copyrights, trademarks, patents and trade secrets may not be used without the prior written permission of Fanalytical. All content available through the website or application are the proprietary property of Fanalytical or its licensors. No content available through the website or application may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Fanalytical’s prior written permission. All eligible users are granted a limited license to access and use the website and to download or print a copy of information posted on the website solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause.
Fanalytical’s policy is to respond promptly to claims of intellectual property misuse and to comply with the Digital Millennium Copyright Act OF 1998 (“DMCA”). If you believe that your work has been copied and is accessible on Fanalytical in a way that constitutes copyright infringement, notify Fanalytical immediately. To alert Fanalytical of infringement send an email to admin@Fanalytical.com or send notice by mail to 1289 Fordham Boulevard, Suite 102, Chapel Hill NC 27514. The notice must include: your name; description of the original work; description of the infringing work; location (URL) of the infringing work; your address, telephone number, and e-mail; statement that you have a good faith belief that the alleged infringement was not authorized. The notice must also include a sworn statement: that the information provided is accurate and true; that you are the owner or authorized agent of the original work; a signature, actual or electronic, of the owner or authorized agent. After receiving a claim of infringement, Fanalytical will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Fanalytical will promptly remove or disable access to any material claimed to be infringing and take reasonable steps to notify you that the material has been removed.
You may submit to us on a non-confidential basis any relevant content that is owned and created by you for evaluation by Fanalytical. Unless otherwise agreed to in writing, you are granting Fanalytical an unlimited and unrestricted license to use, modify, and commercialize such content. Fanalytical is under no obligation to evaluate or use the content you submit and we may use content submitted by other third parties and we develop our own content internally that may be similar to the content that you submit to us. When submitting content to us you agree not to assert any claim against Fanalytical or our customers if other content used by Fanalytical is similar to the content you submitted to us.
Third Party Links
Our provision of a link to any other website or location is for your convenience only and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside websites or their content.
Security and Access
Fanalytical does not guarantee the security or integrity of the Fanalytical.com website or application. You are prohibited from violating or attempting to violate the security of the site. Fanalytical has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Fanalytical may suspend your access while it conducts an investigation. Fanalytical has no duty or obligation to monitor communications or access to Fanalytical servers and systems. However, Fanalytical retains the right to monitor communications and access if it deems necessary or desirable to protect the interests of Fanalytical, its employees, customers, suppliers, partners, or any third party, or if required to do so by lawful act of any government body.
Fanalytical strives to provide access to the Fanalytical Services on a continuous basis, and to that end, Fanalytical will take all commercially reasonable efforts to provide uninterrupted access. However, from time to time, access may be interrupted due to conditions within and beyond Fanalytical control, including but not limited to, force majeure, acts of God, power outages, acts of computer hackers and others acting outside the law, software issues, server downtime, increased Internet traffic, programming errors, regular maintenance, and other related reasons. In response to any unavailability, Fanalytical will take all commercially reasonable steps to ensure access is restored within a reasonable period of time.
We do not guarantee the accuracy, the integrity, or the quality of the content contained on the website, and you may not rely on any of this content. All of the content offered by or through Fanalytical is provided “as is” and Fanalytical does not represent that any of the content is reliable, accurate, complete, or otherwise valid. ACCORDINGLY, FANALYTICAL, ITS SUPPLIERS AND OTHER PARTICIPANTS CONTRIBUTING INFORMATION TO FANALYTICAL DO NOT WARRANT THAT SUCH INFORMATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION IS PROVIDED TO YOU WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Limitation of Liability
IN NO EVENT WILL FANALYTICAL, ITS SUPPLIERS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE WEBSITE OR CONTENT PROVIDED BY FANALYTICAL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST DATA, THAT MAY ARISE OUT OF YOUR USE OF THE WEBSITE, EVEN IF FANALYTICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FANALYTICAL, ITS AGENTS, LICENSORS, OR AFFILIATES SHALL NOT BE LIABLE IN ANY MANNER WHETHER FOR DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, ACCESS, OR AVAILABILITY OF THE WEBSITE. YOU AGREE THAT THE ENTIRE RISK AND RESPONSIBILITY FOR THE USE OF FANALYTICAL SERVICES, CONTENT, LINKS TO OTHER WEB SITES, OR THE INTERNET GENERALLY, ARE ASSUMED BY INDIVIDUAL WEB USERS AND THAT NO LIABILITY WILL BE CLAIMED OR WILL ATTACH TO FANALYTICAL WHETHER UNDER CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. FANALYTICAL HEREBY DISCLAIMS LIABILITY TO THE FULLEST EXTENT OF THE LAW. IN JURISDICTIONS WHERE SUCH DISCLAIMER MAY BE LIMITED, THIS DISCLAIMER IS LIMITED ACCORDINGLY ONLY TO THE AMOUNT REQUIRED BY SUCH LOCAL LAW.