SCILEADS Thanks for using our services (“Services”). The Services are provided by SciLeads Ltd. (“SciLeads”), of Arnott House, Third Floor, 12-16 Bridge Street, Belfast, BT1 1LU, United Kingdom. By using our Services, you are agreeing to these terms. Please read them carefully.
THE LAST SECTION CONTAINS A CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH SCILEAD. PLEASE READ IT.
USING OUR SERVICES
a. You must follow any policies made available to you regarding using the Services, including content provided by the Services.
b. Don’t misuse our Services. For example, don’t interfere with our Services, try to access them with any automated processes (unless through the API), or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. You must comply with all federal, state and local laws, rules and regulations with respect to your use of the records and other information we provide to you. Using our Services does not grant ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any of our or our affiliates’ trade names, trademarks logos or other branding used with our Services. You may not remove, obscure, or alter any legal notices displayed in or along with our Services or its content.
c. In connection with your use of the Services, we may send you service announcements, messages, and other information. You may opt out of some of those communications.
YOUR SCILEADS ACCOUNT
a. You will need to establish a SciLeads Account in order to use some of our Services. If you do we will provide directions to help you establish such account.
b. The Services, including its content, are intended exclusively for your own account and use. Except as we expressly permit in writing, you are not allowed to share with any third party the Services or any of its content, including by sharing your account password. You assume all responsibility for any claim, demand or damage resulting from another party obtaining your password. We may provide you the right to share content from us with another party, through any sharing function we may provide in the Services. If we provide such feature you must use it pursuant to any directions we provide. In no event may you use third party functions to share our Services including any content from the Services.
c. If you learn of any unauthorized use of your password, account or content you obtained, notify us immediately at [email protected].
YOUR CONTENT IN OUR SERVICES
a. Some of our Services allow you to submit content. You may retain ownership of any intellectual property rights, to the extent legally permitted, that you hold in that content. In short, what belongs to you stays yours, subject only to limited nonexclusive use rights we have.
b. When you upload or otherwise submit content using our Services, you give SciLeads a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), share, communicate, publish publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license is irrevocable and continues perpetually even if you stop using our Services or your contract for our services expires.
c. You can find more information about how SciLeads uses and stores content in the privacy policy (https://scileads.com/privacy-policy) or additional terms for particular Services. If you submit feedback about our Services, we may use your feedback without obligation to you.
ABOUT SOFTWARE IN OUR SERVICES
a. SciLeads gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by SciLeads as part of the Services. This license is for the sole purpose of enabling you to use the Services as provided by SciLeads, during the term of the license we grant (limited to a maximum of 1 year from the grant date, renewable on an annual basis, unless we expressly provide otherwise) and in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.
MODIFYING, RENEWING AND TERMINATING OUR SERVICES
a. We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. We may also add or create new limits to our Services at any time. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
b. While you’ll remain liable for any payments left for the term and any renewal terms until termination occurs pursuant to our termination policies, you can stop using our Services at any time. We’ll be sorry to see you go.
OUR WARRANTIES AND DISCLAIMERS
a. Subject to the remainder of this paragraph 6, we provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
b. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, OR IN ADDITIONAL TERMS WE PROVIDE IN A CONTRACT WITH YOU, NEITHER SCILEADS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES, REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES. FOR EXAMPLE, OTHER THAN DESCRIBING IN GENERAL THAT WE OFFER INFORMATION FROM A VARIETY OF SOURCES (BOTH PUBLICLY AVAILABLE AND FROM THIRD PARTY SUPPLIERS), WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WE PROVIDE, INCLUDING ITS ACCURACY, VALIDITY, OR THAT THE CONTENT WILL BE THE SAME EACH TIME THE SERVICES ARE USED OR USABLE OR APPROPRIATE FOR THE PURPOSE YOU INTEND.
c. NOR DO WE MAKE ANY COMMITMENT ABOUT THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
d. ADDITIONALLY, THE INFORMATION WE PROVIDE ON THIRD PARTY PURCHASES, FUNDING AND RELATED DATA IS GATHERED FROM THIRD PARTY SOURCES INCLUDING PUBLIC RECORDS. WE DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION.
e. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES.
f. LIABILITY FOR OUR SERVICES – TO THE EXTENT PERMITTED BY LAW, SCILEADS AND ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
g. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SCILEADS AND ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING UNDER ANY INDEMNITY AND FOR ANY IMPLIED OR EXPRESS WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES. WITHOUT LIMITING ANY OTHER LIMITS OR DISCLAIMERS, IN ALL CASES, SCILEADS AND ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
h. OUR SERVICES PROVIDE A UNIQUE WAY OF SEARCHING AND ACCESSING INFORMATION. WHEN USING ANY INFORMATION THAT YOU OBTAIN THROUGH OUR SERVICES, YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ANY APPLICABLE MARKETING, DATA PROTECTION AND PRIVACY, CONSUMER PROTECTION AND ANY OTHER LAWS IN ANY PART OF THE WORLD, INCLUDING (WITHOUT LIMITATION) IF YOU USE THE DATA OBTAINED FROM OUR SERVICES TO SEND ANY KIND OF DIRECT MARKETING. YOU ACKNOWLEDGE THAT, OTHER THAN WHERE WE EXPRESSLY CONFIRM IN ADDITIONAL TERMS CONTAINED ELSEWHERE THAN THESE TERMS, WE EACH WILL ACT AS INDIVIDUAL AND INDEPENDENT “CONTROLLERS” OF PERSONAL DATA FOR THE PURPOSES OF APPLICABLE DATA PROTECTION LEGISLATION IN THE EU AND UK.
i. Where you receive and use data from our Services, you must ensure that:
(A) you comply with all obligations of any applicable law in any part of the world in respect of privacy and processing of personal data, including (where required, but without limitation): (i) providing notice to individuals identified in such data of the processing of their personal data by you; (ii) obtaining a reliable basis of use of such personal data; and (iii) providing opportunities for such individuals to “opt out” or “unsubscribe” from unsolicited direct marketing contact (and actioning all such requests and informing us about such action by the individual); and
(B) such data is only used: (i) by you; (ii) for lawful, reasonable and fair business-to-business purposes; (iii) to make individual and targeted contacts, rather than on a “mass marketing” basis; and
(C) such data is not used: (i) to encourage any illegal, fraudulent, abusive, or other activities; (ii) in connection with credit granting, credit monitoring, account review, collection, insurance underwriting, employment or for any other purpose covered by the Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq (“FCRA”)), Federal Trade Commission interpretations of the FCRA, and similar federal and state statutes; (iii) for any form of debt collection; (iv) to engage in, or in connection with fraudulent activity; (v) as the sole source of data for hard background check purposes; (vi) to determine eligibility for a government license or benefit; (vii) for any purpose prohibited by applicable data privacy and security laws in any country, including the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”), the UK Data Protection Act 2018 and the UK GDPR as defined in that Act, the California Consumer Privacy Act or any similar state or national laws; (viii) for any purpose other than for business-to-business or recruitment activities (provided at all times that you have a lawful basis to process such information for these activities); (ix) for the benefit of any one political candidate, political party, political campaign or advocacy group affiliated exclusively with or formed to benefit any one political candidate, political party or political campaign; (x) to benefit any government agency operating as an intelligence agency whose purpose is to collect and analyze data on people for the purposes of, but not limited to, counter-terrorism, the creation of watchlists, individual threat assessment or mass-surveillance to support national security, military, and foreign policy objectives. Providers to intelligence agencies are also prohibited from providing our data to any governmental intelligence agency undertaking these or similar activities; (xi) in a way that constitutes impermissible marketing contact, nuisance emails and/or unlawful “spam”; (xii) for any evidentiary purpose related to law enforcement or criminal prosecution, provided that (subject to the foregoing restriction) such data may be used for investigative, analytics or validation purposes; (xiii) for any government defense or military intelligence purpose, including use by any national or state agency involved in defense, intelligence, or security; (xiv) by, for or on behalf of any government agency that is to a substantial degree engaged in any of the activities described in paragraph (xiii); (xv) in connection with establishing a consumer’s eligibility for credit or insurance to be used primarily for personal, family or household purposes, or in connection with assessing risks associated with existing credit obligations of a consumer; (xvi) for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee; (xvii) for any tenancy verification or in connection with any application to rent real property; (xviii) in connection with a determination of a consumer’s eligibility for a license or other benefit that depends on an applicant’s financial responsibility or status; (xix) as a potential investor or servicer, or current insurer, in connection with a valuation of, or assessment of credit or prepayment risks associated with, an existing credit obligation; (xx) in connection with any information, service or product sold or delivered to a “Consumer” (as that term is defined in the FCRA) that constitutes or is derived in substantial part from a Consumer Report; (xxi) in connection with eligibility for any government benefit or service; (xxii) for the preparation of a Consumer Report or in such a manner that may cause such data to be characterized as a Consumer Report; or (xxiii). for any other purpose under the FCRA.
j. WE MAKE NO REPRESENTATION OR WARRANTY IN RELATION TO DATA PROVIDED THROUGH OUR SERVICES THAT SUCH DATA MAY BE USED FOR MARKETING PURPOSES, OR THAT ANY INDIVIDUAL IDENTIFIABLE IN SUCH DATA HAS PROVIDED ANY FORM OF CONSENT OR OTHER RIGHT OR BASIS FOR SUCH INDIVIDUAL TO RECEIVING MARKETING. YOU SHALL INDEMNIFY AND HOLD HARMLESS SCILEADS AND ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, EMPLOYEES AND OTHER REPRESENTATIVES AGAINST AND IN RELATION TO ANY LIABILITY, COST, CLAIMS AND/OR DAMAGES WHATSOEVER ARISING FROM SUCH USE.
BUSINESS USES OF OUR SERVICES
a. If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify SciLeads and its affiliates, and their respective owners, officers, directors, agents, contractors, employees and other representatives from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including (without limitation) any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
ABOUT THESE TERMS
a. We may modify these terms or any additional terms that apply to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for Services or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for the Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between SciLeads and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The internal laws of the United Kingdom, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the courts of Belfast, Northern Ireland, UK, and you and SciLeads consent to personal jurisdiction in those courts. For information about how to contact SciLeads, please visit www.SciLeads.com. For information about how to contact SciLeads, please visit us at www.SciLeads.com
CLASS ACTION WAIVER
a. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis.. No party will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.