STORAGE AND DESTRUCTION OF DATA; OWNERSHIP; USE OF EMAIL
The data you submit to the Source Intelligence website shall be stored and maintained on Source Intelligence’s servers. PLEASE NOTE THAT SOURCE Intelligence WILL NOT STORE YOUR DATA INDEFINITELY. In the event you do not log in to your account for a period of at least six consecutive months, Source Intelligence reserves the right, with or without notice or compensation to You, to delete any or all of your data on the Source Intelligence servers. Your data will only be accessible to you and those individuals you provide a username and password to in your organization. You are solely responsible for maintaining the security of such usernames and passwords and in no event shall Source Intelligence and/or any of its affiliates be liable for the unauthorized use of misplaced, lost or stolen usernames and passwords. You must notify Source Intelligence immediately in writing in the event you become aware of lost, stolen or misplaced usernames and passwords. You shall, at all times, retain all right, title and interest in and to the data you submit to the Source Intelligence website. Source Intelligence will not use the data you submit or disclose the data you submit to any third party without your prior written consent. You are solely responsible for the accuracy and completeness of the data you submit to the Source Intelligence website through the use of the Source Intelligence Tools or otherwise.
CAN-SPAM; CONSENT TO RECEIPT OF NOTICES AND PROMOTIONS
As conditions to your use of the Source Intelligence Tools, you: (i) represent and warrant that You will not engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email or otherwise fail to comply with the CAN-SPAM Act of 2003 (Public Law 108-187 or any successor legislation) and any other laws or regulations which govern marketing through the use of email; and (ii) you agree and consent to Source Intelligence sending you notices, announcements, promotions and offers for Source 44 products and services. Failure to satisfy either of these conditions may result in an immediate termination of your access to the Source Intelligence Tools.
ACCESS TO THE SOURCE INTELLIGENCE TOOLS; INTERRUPTIONS TO SERVICE
You acknowledge and agree that Source Intelligence is providing you access to the Source Intelligence Tools free of any additional charge. As a result, Source 44 shall not be liable to you due to any interruption in service due to scheduled or unscheduled maintenance, bug fixes, repairs, server outages or similar interruptions to the Source Intelligence Tools or Source Intelligence website which may limit or prohibit your access to your data. In the event of such an occurrence, Source Intelligence will use commercially reasonable efforts to restore access to the Source Intelligence website and Source Intelligence Tools, but cannot guarantee that such access will be restored in a timely manner, if at all.
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
THE SOURCE INTELLIGENCE WEBSITE AND SOURCE 44 TOOLS ARE PROVIDED BY SOURCE INTELLIGENCE “AS IS” AND “WITH ALL FAULTS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL SOURCE INTELLIGENCE AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOURCE 44 AND/OR ITS OWNERS, OPERATORS, EMPLOYEES, CONSULTANTS AND OTHER AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, COSTS, DAMAGE OF EXPENSE (INCLUDING REASONABLE ATTORNEY’S FEES) INCURRED BY YOU AS A RESULT OF ANY SERVICES PROVIDED BY SOURCE 44 AND/OR ITS AFFILIATES INCLUDING, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR, LOSS OF DATA, DELAY IN OPERATION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURE, DESTRUCTION OR UNAUTHORIZED USE OR ACCESS TO ANY WEBSITES OR RECORDS, OR OTHER INJURY, DAMAGE OR DISRUPTION. SOURCE 44 MAKES NO REPRESENTATIONS THAT THE OPERATION OF THE SOURCE INTELLIGENCE WEBSITE OR THE SOURCE 44 TOOLS WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. SOURCE INTELLIGENCE MAKES NO REPRESENTATIONS THAT THE OPERATION OF ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. YOU FURTHER AGREE THAT YOU WILL NOT HOLD SOURCE INTELLIGENCE AND/OR ITS AFFILIATES RESPONSIBLE FOR ANY ACTS, ERRORS, OR OMISSIONS OF ANY THIRD PARTY IN CONNECTION WITH THE SOURCE 44 WEBSITE OR THE SOURCE INTELLIGENCE TOOLS.
You agree to indemnify and hold Source Intelligence and its officers, directors, agents, affiliates and employees from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including without limitation reasonable attorneys’ fees) resulting from claims or actions arising out of or in connection with (i) your use of the Source 44 website and Source Intelligence Tools and (ii) any violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with your website(s). You agree that you are solely responsible for defending any claim, and for payment of damages or losses resulting from the foregoing to both a third party and to Source Intelligence.
OWNERSHIP AND NOTICE
The Source Intelligence website is owned by Source 44 LLC, 1921 Palomar Oaks Way Ste 205, Carlsbad CA 92008. To direct any questions concerning this Agreement, please click here. All content included on and in the Source Intelligence website and the Source Intelligence Tools, including without limitation text, graphics, logos, button icons, images, audio clips, and software, is the property of Source Intelligence or its content suppliers, and is protected by U.S. and international copyright laws. All software used in the Source Intelligence Tools is the property of Source Intelligence or its software suppliers and protected by U.S. and international copyright laws.
TRADEMARKS and USE
Source Intelligence, the Source Intelligence logo, “Footprint Data Sheet”, “Source Intelligence” and “Source Alert” are registered marks of Source Intelligence. The absence of a product or service name or logo from this list does not constitute a waiver of Source Intelligence’s trademark or other intellectual property rights concerning that name or logo”