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THESE TERMS AND CONDITIONS ARE A BINDING CONTRACT. PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS.
BY ACCESSING AND USING THE SERVICE (AS DEFINED BELOW), YOU INDICATE AND SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS INCLUDING WITHOUT LIMITATION THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN PARAGRAPH 25. Class Action Waiver, BELOW.
These Terms and Conditions govern your access to and use of Resintel Market Information Service and any other online and/or mobile interactive service or application operated by Resintel, LLC. (“Service”) (unless a different policy is provided on a particular website, service, or application). “We”, “our”, “TPE”, and “Resintel” means the Resintel, LLC. entity or entities providing the Service. “You” and “your” mean the individual subscriber accepting these terms. Your acceptance of these terms and conditions creates a contract between you and Resintel, LLC. (the “Agreement”).
Your use of the Service is subject to our Privacy Policy, which is made a part of this Agreement by reference.
Our Service uses cookies. By using the Service and entering into this Agreement with us, you consent to our use of cookies in accordance with our Privacy Policy.
You represent that you are at least eighteen (18) years old and that you have the authority to enter into these Terms of Service.
You represent that you have read these Terms of Service and agree to be bound by them.
In order to access and use the Service, you will be required to create an account (“User Account”) and select a username and password. You must provide us with certain registration information, which must be accurate and truthful. You shall not use a username or password that we, in our sole discretion, consider to be offensive or inappropriate. We reserve the right to refuse to create your account base on our inability to verify the authenticity of your registration information. You agree to maintain only one (1) User Account for use of the Service at any time and represent that currently have no other account(s) with the Service. You are responsible for all use of and activity on your User Account. You agree that you will not sell, transfer, or assign your subscription or any subscription rights. Notwithstanding anything else contained in this Agreement, we reserve the right to pursue any and all claims against you and any other user of your User Account. We reserve the right to terminate your User Account, in our sole discretion, at any time without notice.
You shall not create a User Account for another person without their permission, use another person’s User Account (even with their permission) or allow another person to use your User Account including without limitation an individual under age eighteen (18). You are solely responsible for maintaining the confidentiality and security of your username and password. If you know of or suspect any breach of security, including loss, theft, or unauthorized disclosure of your password or payment information, you shall immediately notify us by using the Customer Service link available on the Service. We are not responsible for any losses arising from the unauthorized use of your User Account.
We offer the Service on a subscription basis. We provide two (2) Service options: 1) a Trial, which is provided free of charge or at a reduced rate; and 2) a Paid Subscription, which requires payment by our designated payment methods before the Service can be accessed and used. We may also offer special promotional plans, subscriptions, memberships, products or services, including offerings of third-party products and services. If we offer third-party products and services, we will not be responsible for the products and services provided by the third parties. From time to time, we or others on our behalf may offer Trials. By using the Service as a Trial, you agree to the terms of this Agreement as if you had a Paid Subscription. If you start a Trial and cancel it before it ends, you cannot reactivate the Trial.
If you have a Paid Subscription, we will charge your selected payment method for the amount of the subscription fee (and any additional charges owed), including any applicable taxes. Tax rates are determined by our payment processors, Stripe and Quickbooks. Tax rates are based on the rates applicable at the time of your subscription charge. These amounts can change over time with local tax requirements in your country, state, or territory. Any change in tax rate may be automatically applied based on the account information you provide. If your payment method cannot be charged for any reason (such as expiration or insufficient funds), you will remain responsible for any uncollected amounts. All transactions are final, unless otherwise clearly indicated. We may suspend or cancel payment or refuse to provide additional time on your subscription if we find evidence of fraud, abuse, or unlawful or other manipulative conduct with respect to access to or use of the Service.
We may increase or adjust the basis for calculating the fees and charges for the Service, upon providing you with thirty (30) days’ written notice. If you are paying for the Service on a monthly basis (a “Monthly Plan”), the fee change will be effective from the start of the next calendar month. If you are paying for the Service on an annual basis (an “Annual Plan”), the fee change will take effect from the start of the plan’s renewal term, if any. By continuing to use the Service on a Paid Subscription after the price change takes effect you will have accepted the new price. If you do not agree to a price change, you can reject the change by cancelling the applicable Paid Subscription prior to the price change going into effect.
If you have a Monthly Plan, you may cancel your User Account at any time. If you do so, you will receive an automated confirmation via email that your request was received, and we will terminate your account. If you have an Annual Plan, we will terminate your account at the end of the annual period. You will be responsible for all fees and charges that apply to up to the time that your User Account is terminated. We do not provide refunds or credits for any partial subscription periods, unless stated in this Agreement.
Your use of the Service is subject to our Privacy Policy, which is available at https://www.resintel.com/privacy.
If you fail, or we suspect that you have failed, to comply with any of the terms of this Agreement, we may, without notice to you: 1) Terminate this Agreement and/or your User Account and you will remain liable for all amounts due under your User Account up to and including the date of termination; and/or 2) Terminate your limited license to use the Service; and/or 3) Prevent your access to the Service.
You hereby consent to receive electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information related to the Service.
Subject to the terms and conditions of this Agreement, we grant you the non-exclusive, non-sublicensable, non-transferable right to access and use the Service solely for your own personal or internal business purposes.
We may provide you with manuals, handbooks, guides, user instructions, or other materials regarding the capabilities, operation, and use of the Service (“Documentation”). Subject to the terms and conditions of this Agreement, where and to the extent that we provide Documentation, we hereby grant you a non-exclusive, non-sublicensable, non-transferable license to use the Documentation solely for your personal or internal business purposes in connection with your use of the Service.
We may provide some content in on or as part of the Service that can be downloaded. If you choose to download such content from the Service, you must do so in compliance with this Agreement. Any such download is licensed to you by us and only for your own personal or internal business use and does not transfer or convey any other rights to you. We may limit the amount of content that you may download and some downloaded content may expire after a period of time after it is first used. Certain content may not be available for download at all. We may remove content from the Service, after which it cannot be downloaded, redownloaded or otherwise accessed from us.
The Service may include content, intellectual property, data and software from third parties that require us to pass additional terms through to you. From time to time these third-party providers may change their terms. We may add new third-party providers from time to time. The current additional third-party terms for your use of our Service are available at the following URLs:
You agree to comply with all applicable third-party terms available at those URLs.
You shall not use the Service for any purposes beyond the limited scope of this Agreement. You shall not use the Service for any unlawful purpose, for the facilitation of the violation of any law or regulation, or in any manner contrary to this Agreement. You agree to use the Service only for your own personal or internal business purpose and not for resale or other transfer or disposition to or use by or for the benefit of any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in or available from the Service in any way that competes or could compete with our business or the business of any of our third-party providers.
Except as we may expressly permit in writing, you shall not or permit a third party to:
(1) Transfer, sell, license, sublicense, distribute, publish, display, store, copy, modify, merge, perform, transmit, edit, post to, upload to, frame, link to, translate, create derivative works from, decompile, decode or disassemble, reverse engineer, remove any proprietary notices from, or in any way exploit the Service, or any content accessed or downloaded from the Service, in whole or in part, or use the same as a component of any other product, service or material;
(2) Use or provide the Service on a white-labeled or re-branded basis, or otherwise, for the benefit of any third party;
(3) Run or install any software or hardware on the Service or our network;
(4) Mine, scrape, index, or automatically download any content, information, data, or other materials available on the Service;
(5) Automatically connect (whether through APIs or otherwise) any content, information, data, or other materials available on the Service to other data, software, services or networks;
(6) Introduce malicious code, software or technologies into the Service;
(7) Use the Service or any content, information, or intellectual property available on the Service, including without limitation any third-party’s content, information or intellectual property to train any artificial intelligence (AI) or machine learning models, algorithms, software, device, system or service.
You must follow and adhere to the terms of this Agreement. Any other access to or use of the Service is a material breach of this Agreement. We may monitor your use of the Service to confirm that you are complying with the terms of this Agreement.
We may collect any information, data or other content related to or derived from your access to and use of the Service (“Usage Information”). We may also collect information, data or other content (other than Usage Information) in any form or medium that is submitted, posted or otherwise transmitted by you or on your behalf through the Service (“Your Data”). You hereby grant us a non-exclusive license and right to use, copy, host, store, display, transmit and process Your Data solely as necessary for us, our employees and contractors to provide the Service pursuant to this Agreement and in accordance with applicable law. We may delete Your Data if required under applicable law, in which case we will use reasonable efforts to notify you of the deletion.
You agree that the Service, including without limitation the content, graphics, user interface, audio and video clips or programs, information, articles, editorial content, Documentation, and the software and scripts used to implement and provide the Service contain proprietary and material that is owned by us, our licensors, Third-Party Providers, and/or other content providers, and is protected by applicable intellectual property and other laws, including without limitation copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service for personal or internal business purposes in compliance with this Agreement. All Resintel trademarks, service marks, trade names, logos, and domain names (“Protected Marks”) that belong to us, our Third-Party Providers, or any other parties that appear on or are used in connection with the Service are and will remain the sole property or Resintel or their respective owners. This Agreement does not grant you the right to use the Protected Marks whether for commercial or non-commercial use.
We use reasonable efforts to keep the Service operating. Nonetheless, we reserve the right to change the Service, its features, and its availability from time to time, without notice or liability to you. The Service may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to comply with changes in relevant laws and regulatory requirements.
We may modify the terms and conditions of this Agreement at any time. For any changes that we deem material, we will provide notice to you through your User Account, sending you an email message, or other reasonable methods. Any modified terms become effective immediately. By using the Service after the date that we notify you of any change, you agree to be bound by and comply with the updated Agreement. You are responsible for reviewing and becoming familiar with any such modifications.
YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING WITHOUT LIMITATION CONTENT, SERVICES, GOODS OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOU AGREE THAT WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE AVAILABILITY OR FUNCTIONS CONTAINED IN THE SERVICE OR THE SERVICE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE DOES NOT VIOLATE ANY PATENT, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTS REGARDING THE USE OF THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You acknowledge that: 1) The Service is provided for information purposes only and is not intended for trading purposes; 2) The Service may contain certain information taken from commodity exchanges and other sources from around the world; 3) We do not guarantee the accuracy, sequence, completeness or timeliness of the Service or any information, facts, views, opinions, statement or recommendations contained in or provided by the Service; 4) The provision of certain parts of the Service is subject to the terms and conditions of other agreements to which we are a party; and 5) None of the information contained in or provided by the Service constitutes a solicitation, offer, opinion, endorsement or recommendation by us to buy or sell any commodity or security or to provide investment advice or services regarding the profitability or suitability of any commodity, security, or investment.
Resintel its third-party providers, agents, directors, officers, employees, representatives, successors, and assigns will not, directly or indirectly, be liable to you or any other person or entity for any: 1) Inaccuracies or errors in or omissions from the Service including without limitation price quotes and financial data; 2) delays, errors or interruptions in the transmission or delivery of the Service; or 3) Loss or damage arising therefrom or caused thereby, or by any reason of nonperformance.
You agree to indemnify, defend, and hold harmless Resintel, its third-party providers, directors, officers, employees, agents, representatives, successors, and assigns (the “Indemnified Parties”) from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorney’s fees and expert’s fees) arising out of or in connection with the Service or any links on the Service, including without limitation: 1) Any breach of any promise, covenant, or obligation that you are to perform or fulfill under this Agreement; 2) Your misrepresentation or breach of any representation or warranty you made under this Agreement; 3) Any deletions, additions, insertions or alterations to, or any unauthorized use of the Service by anyone using your computer, device and/or User Account; 4) A claim that any use of the Service by anyone using your computer, device and/or User Account infringes any intellectual property right of a third party, or any right of publicity or privacy, is defamatory or libelous, or otherwise results in injury or damage to a third party; 5) A violation of this Agreement by anyone using your computer, device and/or User Account; 6) Anyone’s use of your computer, device, and/or User Account to access and/or use the Service.
With respect to claims against the Indemnified Parties, you agree to pay all costs, damages, and expenses, including without limitation reasonable attorney’s fees and costs awarded against or otherwise incurred by the Indemnified Parties arising from or in connection with any such claim, suit, action, or proceeding related to such claim. Resintel reserves, at its own expense, to assume the exclusive defense any control of any matter subject to subject to your indemnification obligation under this Agreement. In such event, you will fully cooperate with Resintel in asserting any available defense. You agree to pay Resintel’s reasonable attorney’s fees and expert’s fees incurred in connection with any lawsuits that Resintel brings against you under this Agreement and any other terms and conditions of service for the Service, including without limitation lawsuits arising from your refusal or failure to indemnify an Indemnified Party pursuant to this Agreement.
Under no circumstances shall Resintel, its parents, affiliates, subsidiaries, third-party providers, directors, officers, employees, representatives, agents, licensors, successors, and assigns be liable to you or any third party for damages of any kind, whether based in tort, contract, strict liability or otherwise, including without limitation any direct, indirect, incidental, consequential, special, punitive, or exemplary damages even if Resintel has been advised specifically of the possibility of such damages, arising in any way from or in connection with the Service, use of or inability to use the Service or any links or items on the Service or any term or condition of this Agreement, without limitation loss of revenue or anticipated profits or lost business. Applicable law may not permit the limitation or exclusion or liability or incidental or consequential damages. In no event shall Resintel’s total liability to you for all damages, losses, and causes of action, whether in contract or tort, exceed the amount paid by you, if any, for accessing the Service. By accessing the Service, you acknowledge that you may be waiving rights with respect to claims that currently unknown to you or unsuspected, and accordingly you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the California Civil Code (and any similar law of any state or territory), which states as follows:
“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.”
You hereby waive any rights you have or may have under California Civil Code Section 1542 and/or any similar provision of law or successor statute to it, with respect to any claims you may have in connection with the Service or this Agreement.
In connection with this waiver and release, you understand and acknowledge that you may hereafter discover claims currently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend to release fully, finally, and forever all such matters under this Agreement.
We operate and control the Service in the United States. We make no representation that the Service, including anything material or items offered for sale on the Service and their respective copyrights, trademarks, patents, and licensing arrangements, are available or appropriate for use outside the United States. If you access the Service from outside of the United States you do so at your own risk, and you are solely responsible for complying with local laws, to the extent they may be applicable.
You may only resolve any dispute between you and us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action.
This Agreement and any dispute, claim, and/or controversy that in any way relates to or arises in connection with this Agreement or your relationship with us as a user of the Service (“Covered Dispute”) will be governed by and will be construed in accordance with the laws of the United States and the State of Arizona, excluding any jurisdictions conflicts of laws provisions. Your hereby irrevocably submit to the exclusive personal jurisdiction of the federal and state courts located in the city of Scottsdale and waive any jurisdictional, venue or inconvenient forum objections to such courts. To the fullest extent permitted by applicable law, you agree to waive any right to a jury trial.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
The term of this Agreement shall begin when we create your User Account and shall continue until terminated by either party. For Paid Subscribers, this Agreement will renew annually.
Or Third-Party Providers benefit from our rights and remedies under this Agreement. Except for our Third-Party Providers, no other third parties have any rights or remedies under this Agreement.
Except as otherwise provided in this Section, neither party to this Agreement may assign or transfer (by operation of law or otherwise) any right or obligation under this Agreement. We may assign all or any part of this Agreement and may assign or delegate, in whole or in part, any of our rights or obligations under this Agreement. We may subcontract any portion of the Service in our sole discretion. You shall not assign this Agreement, in whole or in part, nor sublicense your rights under this Agreement to any third party, and any purported assignment will be void and of no effect.
If either party delays or fails to exercise any right or remedy under this Agreement, it will not have waived that right or remedy.
If any portion of this Agreement is held invalid or unenforceable for any reason or to any extent, the remaining provisions of this Agreement will not be affected, and the application of that provision will be enforced to the extent permitted by law.
We may notify you regarding the Service by sending an email message to your email address or by sending a letter by postal mail to your mailing address, or by a posting on the Service. Our notices will be effective upon sending or posting. We may also contact you by email address or posting to send you additional information about the Service.
Except as expressly agreed upon in writing signed by you and Resintel, this Agreement constitutes all the terms and conditions agreed upon by you and Resintel and supersedes and replaces any prior agreements in relation to the Service and any other subject matter of this Agreement, whether written or oral. You acknowledge that in entering to this Agreement you have not relied on any representations made that are not expressed in the Agreement.