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Effective URL: https://www.sourceintelligence.com/terms-of-use
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TERMS OF USE

For The Purposes Of These Terms Of Use, The Term Source Intelligence Includes
Source 44 LLC And Its Affiliates.

These are the Terms and Conditions, which you must agree to in order to utilize
the tools, services and information made available on the Source Intelligence
website from time to time (collectively, the “Source Intelligence Tools”). As
used in this Agreement, the term “You” means you and the company or entity which
you represent.

By utilizing any of the Source Intelligence Tools on the Source Intelligence
website, you are entering into a binding and enforceable legal agreement with
Source Intelligence (and/or its owners and operators as set forth below) and you
are signifying your assent to these Terms of Use. Please read these Terms of Use
carefully before registering for and/or using any of the Source Intelligence
Tools. If you do not agree to these Terms of Use, please do not register for or
use the Source Intelligence website or any of the Source Intelligence Tools.
This Agreement, including pricing and payment terms, is subject to change by
Source Intelligence at any time with or without notice.

By registering for the Source Intelligence platform, you additionally represent
and warrant to Source Intelligence that you or the company you represent, where
applicable, are not an employee or affiliate of Assent Inc., iPoint-systems
gmbh, GreenSoft Technology Inc., and SiliconExpert Technologies, Inc. You hereby
acknowledge and agree that you will promptly notify Source Intelligence in
writing in the event you or the company you represent, where applicable, become
an employee or affiliate of any such entity.


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 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 or 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 injuries, 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.


INDEMNITY

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 the 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.


GENERAL

These Terms of Use shall be governed by and construed in accordance with the
substantive laws of the State of California and jurisdiction and venue of all
matters relating to this agreement shall be vested exclusively in San Diego
County, State of California, and you agree to the jurisdiction of such courts.
No waiver, modification or addition to these Terms of Use shall be valid. These
Terms of Use constitute the entire agreement between the parties concerning the
subject matter hereof and supersede all prior and contemporaneous agreements and
understandings. You have relied upon no representations, oral or otherwise, not
contained within these Terms of Use. The invalidity or unenforceability of any
provision of these Terms of Use will not affect the validity or enforceability
of any other provision of this policy. In receiving any dispute or construing
any provision in the policy, there shall be no presumptions made or inferences
drawn because one of the parties drafted the Agreement, from the titles of the
sections of this policy which are for convenience only. A waiver by Source
Intelligence of any term or condition of these Terms of Use in any instance will
not be deemed or construed as a waiver of such term or condition for the future
or any subsequent breach thereof. The parties are independent contractors and no
employment, agency, partnership or joint venture is created hereunder. No party
shall have the right to act as the agent for or to bind the other. These Terms
of Use are not for the benefit of any third party, and shall not be considered
to grant any right or remedy to any third party whether or not referred to in
this policy. Source Intelligence reserves the right to change the terms upon
which it offers the Source Intelligence Tools to the public and may change this
policy by posting such changes. Your continued use of the Source Intelligence
Tools following such changes shall be deemed an assent to such changes.


OWNERSHIP AND NOTICE

The Source Intelligence website is owned by Source 44 LLC, 4660 La Jolla Village
Drive, Suite 100, San Diego, CA 92122. Please direct questions concerning this
Agreement to customerservice@sourceintel.com. 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 the 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 the U.S. and international copyright laws.


TRADEMARKS AND USE

“Source Intelligence”, the Source Intelligence logo, “Footprint Data Sheet”,
“Source 44” 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.

Last updated: November 2022


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