These Terms & Conditions (this “Agreement”) is made between SmartEcoCity Partners, (“SEC”) and you, or, if you have stated in connection with entering into this Agreement that you represent an entity or other organization, that entity or organization (in either case “You”).
SEC provides market research and business intelligence reports and products (“Reports”) as well as other types of content and services (“Services”) through the web site located at www.smartecocity.com and through other sites operated by SEC (collectively, the “Site”). All access to and use of the Site and all Reports and Services is subject to the terms of this Agreement.
Please carefully read this agreement. By accessing the Site or by accessing, reproducing, distributing, accessing, or using any Report or Service, You acknowledge that You have read, understand, and agree to be bound by this Agreement as of the date on which you first access the Site or reproduce, distribute, access, or use any Report or Service (the “Effective Date”).
If You do not agree to this Agreement, or do not meet the qualifications included in this Agreement, SEC is unwilling to allow You to access the Site or to reproduce, distribute, access, or use any Report or Service. If You access the Site or reproduce, distribute, access, or use any Report or Service, You acknowledge that You meet the qualifications included in this Agreement and agree to be bound by this Agreement.
Definitions. Terms used in this Agreement will have the definitions given in this Agreement or, if not defined in this Agreement, will have their plain English meaning as commonly interpreted in Europe.
Eligibility. The Site and all Reports, and Services are available only to individuals 18 years of age and older who meet all of the qualifications included in this Agreement. By accessing or using the Site or any Reports or Services, You represent that You are at least 18 and meet all such qualifications. You may access and use the Site and the Reports, and Services solely for lawful purposes and only in accordance with the terms of this Agreement and any other agreement You are required to agree to before being given access to any specific areas of the Site or to any Reports or Services (any such additional agreements are in addition to this Agreement and will govern your use of the portions of the Site or any Reports or Services to which those additional agreements apply in the event of a conflict between the terms of this Agreement and those additional agreements).
Modifications. SEC reserves the right, at any time, to modify, suspend, or discontinue access to the Site or any Reports or Services (or any portion thereof). SEC may modify the terms of this Agreement by making such modifications available on the Site or by providing other notice to You. Any modification will be effective immediately upon posting on the Site or such other notice. As applicable, You will be deemed to have agreed to such modification through Your continued use of the Site or Reports or Services through the Site.
Access. SEC provides You with the limited right to access and use the Site and Services subject to the Confirmations provided by SEC under this Agreement. All such access and use will be solely for Your own use in connection with your own business purposes and at all times in accordance with the terms of this Agreement. Your rights to access and use the Site and Services are personal, non-exclusive, non-transferable and non-sublicensable.
Accounts and Users. In addition to the publicly accessible portions of the Site, following issuance of a Confirmation by SEC, You will be permitted to access the Site and Services through an account on the Site (Your “Account”). If You are an organization, you may allow designated employees within Your organization to access the Site and Services through Your Account (each such individual, as applicable, a “User” of Your Account). If You are an individual, then you may access the Site and Services through Your Account as the sole User of that Account. You (and if you are an organization, each User) will be provided with a user identification and will select a password (each such user identification and password, a “User ID”). Each User ID is personal in nature and may be used only by You or, if You are an organization, by the applicable User. You will not allow any access to or use of Your Account by anyone other than Your authorized Users, and any such use will be consistent with the terms, conditions and restrictions set forth in this Agreement.
Responsibility for User Actions. You are solely responsible for all use of the Site and Services through Your Account, for the actions of each User of Your Account, and for compliance by each User with the applicable terms of this Agreement. You will notify SEC immediately if any User ID is lost, stolen or otherwise compromised. You acknowledge that You are fully responsible for all costs, fees, liabilities or damages incurred, and material transferred, stored, modified or shared through use of each User ID (whether lawful or unlawful). Any Services or Reports ordered or transactions completed through Your Account under any User ID will be deemed to have been lawfully completed by You.
Reports. You may not access or utilize any Reports, or any data, information, or other content (“Content”) included in any Report, except as expressly permitted in this Agreement. All rights in or to any Reports, or any Content, not expressly stated in this Agreement are reserved by SEC.
Services. As may be set forth in any Confirmation under this Agreement, or upon Your written request and agreement by SEC, SEC will provide You with additional advisory, support, consulting, or other professional services or service packages relating to any Report. All such additional services will be charged to (and payable by) You at the applicable fees or rates set forth in the Confirmation applicable to those services (or the other agreement by SEC to perform those services). If not set forth in the applicable Confirmation, or otherwise in the agreement to perform those services, all such services will be performed at SEC’s then-current rates for such services. Any such additional services will become part of the “Services” for purposes of this Agreement.
Restrictions. You acknowledge that the Site and all Services and Reports, the systems, algorithms, methodologies, databases, software, and other technology used by SEC to operate the Site and provide the Reports and Services, and the structure, organization, selection, coordination and arrangement of any Content included therein (collectively, the “Technology”), constitute valuable trade secrets of SEC. You will not, and will not allow any third party to: (1) access or use the Site or any Report or Services, in whole or in part, except as expressly provided in this Agreement; (2) use the Site or any Report or Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or Services; (3) use automated scripts to collect information from or otherwise interact with the Site or Services; (4) modify, translate, reproduce, publically display, or create derivative or collective works comprising the Site or any Reports or Content in any form or format, except for the copies and excerpts expressly permitted by this Agreement; (5) combine or merge any Report or Content with any other data, information, or content not provided by SEC, provided that excerpts of Reports may be displayed with Your data, information, or content solely for Your own internal business purposes; (6) reverse engineer or otherwise attempt to derive the nature of the Technology or the operation of the Site or any Services; (7) publish, transmit, distribute, disclose, sublicense, rent, lease, loan or otherwise provide any Report or Service, or Content to any third party; (8) alter, obscure or remove any copyright, trademark, or other notice provided on the Site or in connection with any Report or Service; or (9) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Site or any Report or Service; or (10) interfere in any manner with the operation or hosting of, or attempt to gain unauthorized access to, the Site or any Report or Service.. If You would like to publish, cite to, or distribute any Report, You must contact SEC and obtain express permission for such action from SEC.
Confidentiality. All Reports and Content, all Technology, and any information disclosed or made available by SEC under this Agreement that relates to SEC or to the preparation, provision or receipt of any Reports or Content, are and will remain the “Confidential Information” of SEC. You will not use or disclose any Confidential Information for any purpose not expressly permitted by this Agreement. You will protect the Confidential Information from unauthorized use, access or disclosure in the same manner as You protect Your own most confidential or proprietary information but with no less than reasonable care. You will ensure that all individuals receiving any Confidential Information are under a duty of confidentiality no less restrictive than Your obligations under this Agreement. As a limited exception to the foregoing, Your obligations with respect to any Confidential Information will terminate if such Confidential Information is, or through no fault of Your own becomes, generally available and known to the public. In addition, You may disclose Confidential Information as strictly required by law or by the order of a court of similar judicial or administrative body having jurisdiction over You, provided that You notify SEC in advance of such required disclosure and cooperates with SEC in contesting or limiting the scope of such required disclosure.
Ownership. SEC retains all right, title and interest, including, without limitation, all IPR (as defined below), in and to the Site, all Services and Reports, all Content and Technology therein, and any additions, improvements, updates or modifications thereto. You acknowledge that You are not receiving any ownership interest in or to any of the foregoing. The SEC name, logo, and the names associated with the Site and all Services and Reports are trademarks of SEC or third parties, and no right or license is granted to You to use them separate from the rights expressly granted to you under this Agreement. For purposes of this Agreement, “IPR” means any and all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting Content, information or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in data and databases, and contract rights.
Disclaimer. SEC PROVIDES ALL REPORTS, SERVICES, AND CONTENT SOLELY FOR INFORMATIONAL PURPOSES AND DOES NOT WARRANT THAT THE REPORTS, SERVICES OR CONTENT WILL BE ERROR-FREE OR WILL MEET ANY OF YOUR REQUIREMENTS. ALL REPORTS, SERVICES, AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF ANY REPORTS, SERVICES, AND CONTENT IS AT YOUR OWN RISK. SEC DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS OR COVENANTS RELATING TO THIS AGREEMENT, OR TO THE REPORTS, SERVICES, OR CONTENT PROVIDED UNDER THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SEC DOES NOT GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY REPORTS, SERVICES, OR CONTENT. SEC WILL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS, INTERRUPTIONS, OR DELAYS IN ANY REPORTS, SERVICES, OR CONTENT.
Limitation of Liability. IN NO EVENT WILL SEC BE LIABLE UNDER THIS AGREEMENT OR IN CONNECTION WITH ANY REPORT, SERVICES, OR CONTENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF SEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, REVENUE, TIME OPPORTUNITY, OR GOODWILL. THE MAXIMUM CUMULATIVE LIABILITY OF SEC IN CONNECTION WITH THIS AGREEMENT OR ANY REPORT, SERVICES, OR CONTENT WILL NOT EXCEED THE FEES (IF ANY) ACTUALLY PAID BY YOU TO SEC FOR THE REPORT OR SERVICES TO WHICH SUCH LIABILITY RELATES IN THE 1 MONTH PERIOD PROCEEDING THE DATE SUCH LIABILITY IS ALLEGED TO HAVE ARISEN. YOU MAY NOT BRING ANY ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THIS AGREEMENT OR ANY REPORT OR CONTENT MORE THAN 1 YEAR AFTER SUCH ACTION HAS ACCRUED.
We remain reachable for further information on the Terms & Conditions.