Welcome to the website for MyResearcher.com LLC ("MyResearcher"). Your use of our website at www.myresearcher.com (the "Site"), the Site content, including (without limitation) the ratings, estimates, forecasts, and other opinions displayed on the Site,the MyResearcher Data Tracking and Information Reporting Web Application, which may include associated software components, media, printed materials, and online or electronic documentation, and any amendments or updates to any of the foregoing (the "Software"), is subject to these Terms of Use (the "Termsof Use"). Your use of the Site and Software constitutes your binding acceptance of these Terms of Use, including any modifications made to the Terms of Use. Read these terms carefully and completely as they set forth your rights and obligations with respect to your use of the Site and Software.
Binding Agreement. These Terms of Use constitute a binding agreement between you and MyResearcher. If you do not wish to be bound by the Terms of Use, you may not access or use the Site or Software, register with MyResearcher or access a user account.
Acceptance of the Terms. MyResearcher is pleased to provide the Site and Software conditioned upon your acceptance, without modification, of the terms, conditions and notices comprising the Terms of Use. The Terms of Use may be updated and modified by us from time to time without notice to you by posting revised Terms of Use on the Site or Software. It is your sole responsibility to review these Terms of Use and its amendments each time you use the Site or Software. You can review the most current version of the Terms of Use at any time by clicking on the link from any page on the Site or Software.
MyResearcher has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:
Access to the Site and Software. MyResearcher is providing you with the information and functionality in the Site and Software. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access.
Eligibility to Use the Site and Software. The Site and Softwareare available only to individuals and entities who can form legally-binding contracts under applicable law. Without limiting the foregoing, you must be eighteen (18) years of age or older to register for and use the Site and Software. If you do not qualify, please do not use the Site or Software. MyResearcher reserves the right to deny access and/or registration to the Site or Software to anyone at any time in its sole and absolute discretion.
User Obligations. In consideration of your use of the Site andSoftware, you agree to be subject to certain obligations. For any personal information that you provide to us through the Siteor Software, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Site or Software for any purpose that is unlawful or prohibited by these Terms of Use. If you provide any information that is untrue, inaccurate, incomplete or not current, or if MyResearcher has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, MyResearcher has the right to refuse any and all current or future use of the Site and Software (or any portion thereof).
Use of Interactive Areas. The Site and Software may allow you to submit, post or upload data, videos, images, files, information, postings, tags, comments, messages, and other text ("Content").The Site and Software also may contain areas that allow for user interaction, including dashboards, blogs, forums, bulletin board services, chat areas or other message and communications features ("Interactive Areas"). You are entirely responsible for all content that you upload, post, email or otherwise transmit via the Site. You agree to post only messages, comments or other information that are proper, lawful, and related to the particular Interactive Area. In addition, but without limitation, you may not post content or engage in any other activity on the Site that:
MyResearcher reserves the right (but not the obligation) to review, edit, or delete any Content you post to this Site and Software and to terminate your access to the Site and Software or to any Interactive Area at any time without notice for any reason whatsoever.
Submissions to Interactive Areas and Licensing of Content. You acknowledge that all Interactive Areas are public and not private communications; therefore, any information or content you post to an Interactive Area may be read by others. MyResearcher recommends that you avoid posting or otherwise disseminating any personally identifiable information in the Interactive Area.
MyResearcher does not endorse or control the content, messages or information found in any Interactive Area and, therefore, MyResearcher specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them. You acknowledge and agree that MyResearcher may preserve any submissions to the Site and Software and may also disclose submissions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any submission violates the rights of third parties; or (iv) protect the rights, property, or personal safety of MyResearcher, the Site, Software, its users and the public.
By submitting Content to the Interactive Areas, or otherwise to the Site or Software,MyResearcher or its affiliates (including, without limitation, via email), you agree that such Content and any geographical identification metadata (geotags) or other metadata, attributes, features or characteristics relating to the Content ("Metadata") is non-confidential for all purposes. If you submit, post or upload any Content to the Site or Software or if you submit any business information, idea, concept or invention to MyResearcher or the Siteor Software, you automatically grant, or warrant that the owner of such Content or intellectual property has expressly granted, MyResearcher a royalty-free, fully paid-up, perpetual, irrevocable, world-wide, nonexclusive license to use, copy, process, adapt, transmit, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display and sublicense the Content and Metadata relating to the Content in any media or medium, or any form, format, or forum now known or hereafter developed (the "License"). You agree that this License includes the right for MyResearcher to make such Content available to other companies, organizations or individuals who partner with MyResearcher for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to these Terms of Use regarding Content use. If you wish to keep any Content, information, Metadata, ideas, concepts or inventions private or proprietary, do not post or submit them to the Interactive Areas, MyResearcher or the Site or Software. You agree that in the event MyResearcher receives any royalties, compensation or other payments associated with exercising the rights granted to it under the License, you shall not claim any right to any portion of such royalties, compensation or other payments. You further agree that MyResearcher may, in its sole discretion, use any Content for which it has a License in a manner that may link to, refer to or reference your name, such as use of your Content on the Site or Software or an affiliated or partner website.
You acknowledge and agree that MyResearcher may archive, preserve, store or use any Content and Metadata you submit, post or upload to the Site or Software and may also disclose that Content and Metadata if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to claims that any Content or Metadata violates the rights of third-parties; or (4) protect the rights, property, or personal safety of MyResearcher, the Site, Software, its users and the public.
Limits on Liability. MyResearcher will not be liable for:
Content. All offers, invitations, and promotions are subject to change at any time. The information on the Site or Software may contain inaccuracies and typographical errors. MyResearcher shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor transactions or information affected by such inaccuracies. MyResearcher reserves the right to make changes, corrections, cancellations and/or improvements to the information on the Site or Software, at any time without notice, including after confirmation of a transaction.
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all data, opinions, advice, statements, representations, services, and other information provided through the Site and Software. You acknowledge that you may not rely on any content on the Siteor Software. MyResearcher does not endorse or represent the reliability, accuracy or quality of any information, or non- MyResearcher goods, services or products displayed or advertised on the Site or Software. We make no representations or warranties, express or implied, with respect to the information provided on this Site or Software.
MyResearcher may make available products and services for purchase through the Site and Software, and may use third-party suppliers and service providers to enable e-commerce functionality on the Site and Software, as permitted by our Privacy Policy. If you wish to purchase any product or service made available by us through the Site and Software (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, other credit-card-related information, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to MyResearcher the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf, or otherwise associated with your account. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Current rates for the services offered by MyResearcher through the Site may be obtained by calling our Customer Service Department at 866.275.3266. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time.
Third-Party Websites. Although we hope that you will find the material on the Site and Software informative, the material and links to third-party websites and resources that may be included on the Site and Software are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by MyResearcher of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or Software or any third-party website which may be accessed by a link from the Siteor Software, including any representations or warranties as to accuracy or completeness. Because MyResearcher has no control over third-party websites and resources, you acknowledge and agree that MyResearcher is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any data, information, content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that MyResearcher shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such data, content, information, goods, or services available on or through any such site or resource.
Proprietary Rights. You acknowledge and agree that content contained in the Site and Software or information presented to you through the Site and Software may be protected by copyright, trademark, patent or trade secret law, or other proprietary rights and laws. Except as expressly authorized by MyResearcher or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site and Software, in whole or in part. You may not reverse engineer, decompile, or disassemble the Site or Software or their underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. Those portions of the Site and Software owned by MyResearcher are the copyright of MyResearcher.All rights reserved. You agree that all of MyResearcher 's trademarks, trade names, service marks, logos and service names are trademarks and are property of MyResearcher (the " MyResearcher Marks"). You agree not to display or use in any manner the MyResearcher Marks, without the express prior permission of MyResearcher.
No Reproduction or Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site and Software, use of the Site and Software, or access to the Site and Software.
Indemnification. You agree to indemnify, defend and hold MyResearcher, its affiliates and its and their respective directors, officers, employees, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Siteor Software, your connection to the Siteor Software, your violation of the Terms of Use or your infringement of any intellectual property or other right of any other person or entity.
Enforcement. MyResearcher does not assume responsibility to you or others for any failure by MyResearcher to enforce the provisions contained in the Terms of Use.
Termination. You agree that MyResearcher, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if MyResearcher believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. MyResearcher may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Terms of Use or EULA may be effected without prior notice, and acknowledge and agree that MyResearcher may immediately bar any further access to the Site. Further, you agree that MyResearcher shall not be liable to you or any third party for any termination of your access to the Site.
General Acknowledgments. You acknowledge that MyResearcher may establish general practices and limits concerning your use of the Siteor Software. You agree that MyResearcher has no responsibility or liability for the failure of the Site or Software and the deletion of other content maintained or transmitted by the Siteor Software. MyResearcher reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that MyResearcher shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You further acknowledge that MyResearcher reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Privacy. The terms and conditions of MyResearcher's Privacy Policy are located at http://myresearcher.com/content/privacypolicy and are incorporated herein by reference. In the event of a conflict between the terms of this document and those in the Privacy Policy, the terms of the Privacy Policy shall govern.
End-User License Agreement. The terms and conditions of MyResearcher's End-User License Agreement for use of the Software ("EULA") are located at https://lvrdata.com/content/eula and are incorporated herein by reference. In the event of a conflict between the Terms of Use and those in the EULA, the terms of the EULA shall govern.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
EXCLUSIONS AND LIMITATIONSSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notice and Procedure for Copyright Infringement Claim. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send MyResearcher a notice requesting that MyResearcher remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send MyResearcher a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed below with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. See http://www.copyright.gov/ for further details. Notices and counter-notices should be sent to:
by email:
support@myresearcher.com
by writing to us at:
MyResearcher.com
6385 S. Rainbow Boulevard, Suite 105
Las Vegas, Nevada 89118
Dispute Resolution. Any dispute, controversy or claim arising out of or relating to these Terms of Use, including any disputes relating to the content of the Site or Software, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. The arbitration shall be conducted by one arbitrator in English and in accordance with the International Rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be Las Vegas, Nevada. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys' fees to the prevailing party) shall be paid as the arbitrators determine. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts in Nevada for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, MyResearcher may seek preliminary injunctive relief from a court of law in the event of a breach by you.
Governing Law. You and MyResearcher agree that the Terms of Use and the relationship between you and MyResearcher shall be governed by and construed in accordance with the laws of the State of Nevada without regard to its conflict of laws analysis. You and MyResearcher hereby irrevocably and unconditionally submit to the jurisdiction of courts located within the County of Clark, Nevada, or the United States District Court for the District of Nevada for purposes of all legal proceedings arising out of or relating to the Terms of Use and agree not to commence any legal proceedings related thereto except in such court. You and MyResearcher irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
Waiver. MyResearcher 's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MyResearcher in writing.
Severability. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable, and the remaining provisions shall constitute the parties' agreement.
Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms of Use or use of the Site or Software must be filed within two (2) years after such claim or cause of action arose or be forever barred.
Headings. The section headings and sub-headings contained in the Terms of Use are for convenience only and have no legal or contractual effect.
Support. If you have any questions or concerns about this Site, Software, the Terms of Use, EULA or the Privacy Policy, please contact:
by email:
support@myresearcher.com
by writing to us at:
MyResearcher.com
6385 S. Rainbow Boulevard, Suite 105
Las Vegas, Nevada 89118