Terms of Use

PLAYFAIR DATA
TERMS OF USE

Last updated: June 25, 2020

Playfair Data, LLC, on behalf of itself and its subsidiaries and affiliates (collectively referred to as “Playfair”, “us”, “our”, or “we”) delivers consulting, training, Content and other services (collectively the “Services”) at both live events and from our websites, playfairdata.com and playfairdata.tv (the “Site”). This Terms of Use agreement (this “Agreement”) governs your access to and use of the Services, whether at a live event or through the Site.

By accessing and using the Services, you agree to be bound by the terms and conditions of THIS AGREEMENT. ACCORDINGLY, DO NOT ACCESS THE SERVICES IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT.

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. Please carefully review Section 10 of this Agreement for more information.

  1. Your Right to the Services.
    1. Intellectual Property Ownership. Playfair or its Third Party Licensors (as defined below) own and hold all right, title and interest in and to the Services, including all intellectual property rights contained in the images, text, graphics, illustrations, photographs, data, charts, PowerPoint Slides, audio, videos, music and other material (including the arrangement thereof) made available via the Services (collectively, “Content”), as well as all intellectual property rights contained in the software, algorithms, methods and processes comprising the Services. This includes all right, title and interest in and to the rights granted or applied for, registered or unregistered, now or hereafter existing, under any patent, copyright, trademark, trade secret or other intellectual property laws, as well as all forms of protection, in any part of the world. Playfair reserves all rights not expressly granted herein in and to the Service, including the Content.
    2. Right to Use. On the condition that you comply with all of the terms of this Agreement, Playfair grants you a personal, limited, revocable, non-exclusive, non-transferable right to access and use the Services for purposes internal to you or your business. If you use the Services in a manner not permitted by this Agreement, we may terminate your right to access and use the Services.
    3. Additional Terms. Depending on what Services you access, additional terms and conditions may apply.
  2. Your Responsibilities. You agree that that you will not:
    1. Download, copy, reproduce, publish or create derivate works of the Services, create online links to the Services, charge others for access to or use of the Services, build a business using the Services, or attempt to use the Services for any commercial purpose.
    2. Use any tool to disable or otherwise interfere with features of the Site intended to prevent the copying or modification of Services;
    3. Delete, modify, hack, or attempt to change or alter any portion of the Services;
    4. Use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Services, servers, or networks connected to the Services or take any other action that interferes with any other person’s use of Services;
    5. Use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Services for any reason;
    6. Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Services are based;
    7. Introduce into the Services any virus, rogue program, Trojan horse, worm or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to disable, erase, or otherwise harm the Services or perform any such actions;
    8. Introduce into the Services any back door, time bomb, drop dead device, or other software routine designed to disable a computer program automatically with the passage of time or under the positive control of an unauthorized person;
    9. Use the Services in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
    10. Access or attempt to access any other person’s information or content;
    11. Encourage any illegal activities, or post anything that is obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
    12. Decrypt, transfer, frame, display, or translate any part of the Services;
    13. Connect to or access any Playfair computer system or network without authorization; or
    14. Use the information in the Services to create or sell a similar service or similar information.
  3. Covid-19 and Live Trainings. COVID-19 is a contagious disease that can spread via person-to-person contact. If you are concerned about potential exposure to COVID-19 while attending a live training offered by us, we strongly encourage you to postpone attending such a training. If you elect to attend such a training, you voluntarily assume the risk of exposure to or infection with COVID-19, and you hereby waive any and all claims against us for injury or death to you or any other person arising in connection with COVID-19. Moreover, if you elect to attend such a training, you hereby consent: (a) to submitting to a health assessment, which may include a temperature check and a requirement that you complete an attestation form regarding any symptoms you have experienced, or exposure you have had, to COVID-19; (b) wearing a mask that covers your nose and mouth at all times while in shared spaces; (c) adhering to social distancing requirements by maintaining at least six-feet of separation between yourself and others; and (d) complying with any other measures recommended by the Centers for Disease Control and Prevention to prevent the spread of COVID-19. If you are unable or unwilling to comply with this Section 3, please do not register to attend a live training as you will not be permitted to enter the training site, and you will not receive a refund of fees. References to COVID-19 in this Agreement will be deemed to include any variations or mutations of the same as well as any other communicable disease.
  4. Third Party Providers and Material. The Services may include material that is owned by or licensed to a third party (“Third Party Provider”), and they may include links and other references to third-party material (collectively, “Third-Party Material”). We do not control or endorse any Third-Party Material, we are not responsible or liable in any manner for Third-Party Material or Third Party Providers, and we undertake no responsibility to update or review Third-Party Material. You access and use Third-Party Material at your own risk.
  5. Unavailability. We will make reasonable efforts to ensure that access to the Site is available at all times. However there will be times when the Site is unavailable due to technical errors or for maintenance and support activities, including planned and emergency downtime.
  6. Compatibility. You, at your own expense, must provide the equipment and Internet connections necessary to access the Services. We do not guarantee that the Services will operate with your computer, tablet, mobile device, network, installed software, internet or mobile carrier service plans, or with any particular computer or other piece of hardware, software, equipment, or device you install on or use with your computer.
  7. No Guarantees. The Services are provided to you strictly on an “AS-IS” basis. All representations and warranties, whether express or implied, statutorily or otherwise (including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights) are hereby disclaimed to the maximum extent permitted by applicable law. Without limiting the foregoing, Playfair explicitly disclaims any representation or warranty:
    1. that completing any program or course available as part of the Services will satisfy any legal obligation or will result in achieving any particular outcome or goal;
    2. that the Content will be free of typographical mistakes, inaccuracies, or omissions and or will consist of complete and current information;
    3. that the site will be uninterrupted or error-free or that defects will be corrected;
    4. that Playfair will continue to support any particular feature of Services;
    5. that the Site and the files available through Site are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics;
    6. regarding the CORRECTNESS, USEFULNESS, ACCURACY, OR RELIABILITY OF THE SERVICES, INCLUDING ANY CONTENT, PRODUCTS OR OTHER SERVICES MADE AVAILABLE THROUGH THE SERVICE;
    7. regarding ANY ADVICE YOU GLEAN FROM THE SERVICES; AND
    8. regarding the failure to store any communication or other data you provide to us in connection with the Services.

NO STATEMENTS MADE OUTSIDE THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING THE SERVICES’ SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY PLAYFAIR, AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS.

  1. Limitations on Liability.
    1. Waiver of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PLAYFAIR NOR ITS SUPPLIERS LICENSORS, AND PARENTS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNEES OR SUCCESSORS-IN-INTEREST (COLLECTIVELY “PLAYFAIR PARTIES”) BE LIABLE TO YOU FOR SPECIAL, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA, OR OTHER LOST INFORMATION YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES WILL BE TO STOP USING THE SERVICES. COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE), REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGE AND REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
    2. MAXIMUM LIABILITY. THE MAXIMUM LIABILITY OF THE PLAYFAIR PARTIES TO YOU UNDER ALL CIRCUMSTANCES WILL BE LIMITED TO THE FEES PAID OR PAYABLE BY YOU TO PLAYFAIR.
    3. BASIS OF BARGAIN. YOU AGREE THAT THE LIMITS ON LIABILITY IN THIS AGREEMENT REPRESENT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PLAYFAIR AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
  2. Indemnification.
    1. Obligation. You will hold harmless, indemnify, and defend the Playfair Parties from and against any and all claims (including any and all liabilities, damages, losses, costs, expenses, and reasonable attorneys’ fees arising therefrom) relating to any action or proceeding brought by a third party against Playfair (i) alleging injury, damage, or loss resulting from your use of the Services; (ii) related to any act or omission by you which is a breach of your obligations under this Agreement; (iii) your use of the Content, information or results obtained through the Services; or (iv) your violation of this Agreement.
    2. Procedures. You will have the right to defend and settle such claim at your expense for the benefit of Playfair; provided, however, you will not have the right to obligate Playfair in any respect in connection with any such settlement without the written consent of Playfair. Notwithstanding the foregoing, Playfair may, but is not required to, assume your obligation to defend, in which case you will reimburse all costs incurred by Playfair in connection with such defense.
  3. Disputes.
    1. Choice of Law. The interpretation of this Agreement and the resolution of any disputes relating to this Agreement will be governed by the laws of the State of Missouri without regard to any conflicts of laws provisions.
    2. Agreement to Arbitrate. Except as provided in Section 10(c), all disputes arising out of, or relating to, this Agreement (including formation, performance, breach, enforceability, and validity of this Agreement) or our operation of the Services shall be resolved by final and binding arbitration to be held in the English language in Kansas City, Missouri pursuant to the rules of the American Arbitration Association. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part, of this Agreement is void or voidable. Further, if you are located outside of the United States, we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other appropriate country. If this agreement to arbitrate is for any reason found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Kansas City, Missouri to resolve your claim.
    3. Equitable Relief. Without engaging in the arbitration process described in Section 10(b), Playfair may bring a lawsuit for specific performance, including injunctive relief, to stop your alleged unauthorized use or abuse of the Services, including to stop your alleged infringement of our intellectual property rights. Such unauthorized use or infringement will cause irreparable harm to Playfair, the exact amount of which is difficult or impossible to ascertain, and for which the remedies at law will be inadequate. You consent to the jurisdiction of the state and federal courts in Kansas City, Missouri in connection with such a lawsuit.
    4. No Class Actions. You and Playfair agree that each of you may only bring disputes against the other in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including any federal or state class action or class arbitration. Class arbitrations, class actions, and similar collective proceedings are not allowed.
  4. Fees; Payment/Refund. Tickets for Services are sold up front, and the fees for such tickets must be paid upfront.
    1. Cancellations By Us. If a training event is cancelled without rescheduling by us for any reason, you will receive a full refund automatically. If a training event is cancelled and rescheduled, then you will be given the option to receive a full refund of ticket fees or to attend the rescheduled training. If you do not notify us of your decision within 30 days after the date the training event is cancelled, you will receive a full refund automatically.
    2. Cancellations by You. If you are unable to attend a training, you may: (i) transfer your ticket to someone else, provided that this person may not further transfer the ticket; (ii) notify Playfair at least 30 days from the date of the training, in which case Playfair will refund the price of the training (minus a 25% payment processing fee); or (iii) notify Playfair at least 14 days from the date of the training, in which case Playfair will refund the price of the training (minus a 50% payment processing fee). No refunds will be given if you have not notified Playfair that you are unable to attend at least 13 days before the date of the training event.
  5. Feedback. You may provide suggestions, enhancement requests, recommendations and other feedback to improve the Services, including the Content (“Feedback”). We may, but we have no obligation to, incorporate your Feedback into the Services. You hereby disclaim any ownership in any Feedback you provide to us, and you hereby assign all right, title, and interest in and to any Feedback provided to us.
  6. Term and Termination. The term of this Agreement shall commence on the date you first access or use the Services and shall continue for so long as you are accessing the Services, subject to earlier termination by us. We reserve the right, in our sole discretion, to terminate your license to the Services, delete any user account you have created on the Site, or block your future access to the Services (or take any combination of the foregoing actions) if we reasonably believe you have violated this Agreement or for any other lawful business reason in our discretion.
  7. General Terms. If any part of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of this Agreement will remain fully in force. Our failure to enforce or exercise any provision of this Agreement or related right will not constitute a waiver of that right or provision. No rights or obligations under this Agreement may be assigned or transferred by you, either voluntarily or by operation of law, without our express written consent and in its sole discretion.
  8. Modifications to the Agreement, Services or Site.
    1. Modifications to Agreement. This Agreement governs your use of the Site and access to the Services. We may modify this Agreement at any time and in our sole discretion by posting a revised Agreement on the Site or distributing a revised Agreement with the Services. Your continued use of any of the Services following any such modification will constitute acceptance of the modification.
    2. Modifications to Services. We reserve the right, at any time and from time to time, to modify, suspend, or discontinue the Services and to modify the fees charged in connection with the use of the Services. We will not be liable to you for any modification, suspension or discontinuance of the Services, in whole or in part.
    3. Modification to Site. We reserve the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof (including the Content) without prior notice. We will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.

END OF AGREEMENT