1.4 License to Stat Zero to Use Suggestions and Modifications. You grant to StatZero a royalty-free, worldwide, sub-licensable, transferable, irrevocable, perpetual right and license to use and/or incorporate into the Services and/or the Site (or any component thereof), any modifications, enhancements, ideas or suggestions that you request, recommend, suggest or otherwise provide to Stat Zero relating in any way to the operation, features or functionality of the Services and/or the Site (including the right to copy, modify, distribute and publicly perform and display any such modifications, enhancements, ideas and/or suggestions).
1.6 Copyright Policy. Stat Zero respects the intellectual property of others and asks that its customers do the same. Stat Zero has adopted and implemented a policy respecting copyright law that provides for removal of infringing materials. If you believe that one of StatZero’s users is, through the use of the Services and/or the Site, unlawfully infringing the copyright(s) in a work, and you wish to have the allegedly infringing material removed, please contact us at firstname.lastname@example.org.
1.7 Additional Customer Duties;
Stat Zero reserves the right to perform routine system maintenance and systems updates to the Services and/or the Site at any time, without notification to you.
3.1 Definition. As used herein, "Confidential Information" means all confidentialinformation disclosed or made available by a party ("Disclosing Party") to the other party("Receiving Party") in connection with Stat Zero’s provision of the Services and/or the Site to you,whether orally or in writing, that is designated as confidential or that reasonably should beunderstood to be confidential given the nature of the information. Without limiting the foregoing,(a) each party’s Confidential Information shall include its business, marketing and sales plans,financial and technical information, and information related to its current or planned products andservices, (b) Your Confidential Information shall include Your Information and (c) Stat ZeroConfidential Information shall include all software, technology, information and other contentcontained in the Services and/or the Site, along with any Stat Zero third party information entrustedto Stat Zero and shared with you in the course of your use of the Services and/or the Site.
3.3 Disclaimer. Certain of the Your Information or other data that you provide in connection with your use of the Services and/or the Site may be stored on a cloud computing platform controlled by a third party. Stat Zero believes that third-party platform to be highly secure but can provide no assurances that Your Information or other data stored on such platform will be free from access or discovery by a third party. You acknowledge and agree that Stat Zero is not responsible for, and shall have no liability with respect to, any dissemination or discovery of your data, content, communications or other information (including Your Confidential Information) that occurs as a result of that third party platform being breached or improperly accessed or used or through the intentional misconduct or negligence of the third party’s employees, contractors or agents.
ANY DATA YOU ENTER INTO THE SERVICES AND/OR THE SITE, AND ANY CUSTOMIZATION MADE TO THE SERVICES AND/OR THE SITE BY OR FOR YOU,DURING ANY TRIAL PERIOD MAY BE LOST. YOU ACKNOWLEDGE THAT,FOLLOWING THE TERMINATION OF YOUR AGREEMENT WITH STAT ZERO, STATZERO WILL HAVE NO OBLIGATION TO RETAIN OR STORE ANY DATA OR OTHER INFORMATION THAT YOU SUBMIT TO OR THROUGH THE SERVICES AND/OR THE SITE. YOU ARE ADVISED TO BACK UP AND STORE ANY DATA OR OTHER INFORMATION THAT YOU SUBMIT TO OR USE WITH THE SERVICES AND/OR THE SITE.
The Services and/or the Site is designed to interoperate with certain third-party tools,applications and services (including, but not limited to, APIs, content delivery networks and computational tools) (“Third-Party Applications”). You acknowledge and agree that its use of,and any warranties respecting, any such Third-Party Applications are governed by a separate agreement between you and the provider of such Third-Party Application and that Stat Zero has no responsibility or liability related to the performance or your use of Third-Party Applications.If you install or enable a Third-Party Application for use with the Services or the Services and/or the Site, you hereby (a) grant Stat Zero the right to permit the provider of such Third-Party Application to access Your Information and accounts and (b) agree to grant Stat Zero access to your accounts for such Third-Party Applications, in each case as required for the interoperation of the Third-Party Applications with the Services and/or the Site. Stat Zero is not responsible for any disclosure, loss, or corruption of Your Information resulting from access by a Third-Party Application.
You acknowledge and agree that Stat Zero has the right to modify the features and functionality of the Services and/or the Site from time to time without prior notice to you, including the right to discontinue any feature or functionality. Without limiting the foregoing, Stat Zero has the right to discontinue any features of the Services and/or the Site that rely on Third Party Applications in the event that such Third-Party Applications are no longer available to Stat Zero or are no longer available on terms that Stat Zero deems to be commercially reasonable.
11.7 Equitable Remedies. You acknowledge that the Services and/or the Site contain valuable trade secrets and proprietary information, that any actual or threatened breach by you of Section 1 or 3 will constitute immediate, irreparable harm to Stat Zero for which monetary damages alone would be an inadequate remedy and that Stat Zero may seek injunctive relief for such breach.
11.8 Force Majeure. Stat Zero shall not be responsible for any failure to perform or delay attributable in whole or in part to any cause beyond Stat Zero’s reasonable control, including but not limited to Acts of God (including, without limitation, earthquakes, fires, floods, landslides,tornadoes, hurricanes and severe storms), government actions, war, terrorism, civil disturbance,insurrection, sabotage, labor shortages or disputes, delays due to customs or other requirements imposed by foreign jurisdictions (or any agency or body thereof), shortage of energy or equipment,or your fault or negligence.