1.Acceptance of Terms
STATISTAX, LLC, a Colorado limited liability company doing business as under the divisional designation of “StatisNostics” (also utilizing “statisnostics.com”, and denoted herein alternatively as “we”, “us”, or, “our”) owns and operates the website located at StatisNostics.com and other affiliated mobile applications (collectively, the “Sites”). The sites provide an analytics platform to allow data accessibility and utility for diverse applications, compilations and presentations of data (“Services”).
These “Terms of Use” (or “Terms”) describe your responsibilities and rights when using StatisNostics sites and services. (“You”, “Your” or “Yours”) refers to the person using the sites and services. Your access to these sites and services are subject to the privacy policy, Terms of Use and all applicable laws and regulations. Our Privacy Policy outlines how we collect, use, and share your data. Please review the Privacy Policy carefully to understand our practices. To view the Privacy Policy, visit https://statisnostics.com/privacy-policy.
If you are entering into these Terms on behalf of a company, organization, or another legal entity ("Entity"), you represent and warrant that you have the authority to bind such Entity and its affiliates to these Terms. In such a case, the terms "You" and "Your" shall also refer to such Entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, you must not accept this agreement and may not use the Services.
By entering, accessing, browsing, submitting information to, or otherwise using this site, you acknowledge and agree to all following Terms and conditions and represent and warrant that you are eighteen (18) years old or older. If you do not agree to these Terms or you are younger than eighteen (18) years old, do not use this site.
2.Changes to Terms
StatisNostics reserves the exclusive right in its sold discretion to update, modify, or otherwise alter these Terms at any time to reflect changes in our services, changes in the law, or for other reasons as deemed necessary by StatisNostics. Such modifications shall become effective immediately upon their posting to the StatisNostics website. The most current version of these Terms will supersede all previous versions, and will apply all changes to our service offerings, user requirements, or legal mandates.
Your continued use of the StatisNostics website and its associated services, following the posting of any changes to these Terms, constitutes your unconditional acceptance and agreement to be bound by the revised Terms. It is your sole responsibility to regularly review these Terms to ensure you are updated on any changes. StatisNostics may but need not provide notice of significant changes to the Terms by posting a notice on our website, sending an email, or through other means, giving you the opportunity to review the changes before they become effective.
Should you find any amended term or condition unacceptable, you must cease using the services provided by StatisNostics immediately. Your continued use of StatisNostics' services after the date of any such changes become effective constitutes your express agreement to and acceptance of the amended Terms, including but not limited to all posted changes and modifications.
We understand that changes to these Terms may affect your use of our Services. Therefore, we encourage you to review the Terms periodically for any updates or changes. Your feedback on these changes is always welcome, as we strive to improve our Services to meet your needs better.
3.User Obligations
As a user of StatisNostics, you are required to adhere to certain responsibilities and obligations to ensure a safe, reliable, and respectful environment for all users. Your use of the Services is subject to the following obligations:
3.1 Account Creation and Maintenance
You must provide accurate, current, and complete information during the registration process and keep your account information updated.
You are responsible for safeguarding your account credentials. You must not share your account details with others or allow others to use your account. StatisNostics will not be liable for any loss or damage arising from your failure to protect your account information. You agree to notify StatisNostics immediately upon becoming aware of any breach of security or unauthorized use of your account.
3.2 Legal Compliance
You agree to comply with all local, state, federal, and international laws and regulations applicable to your use of the Services, including, but not limited to, data privacy laws, intellectual property laws, and export control laws. You are solely responsible for all your activities on any StatisNostics platform. You must not use the Services for any illegal or unauthorized purpose.
3.3 Fair Use of Services
You agree not to engage in any activity that interferes with or disrupts the Services or the servers and networks connected to the Services.
You must not replicate, duplicate, copy, sell, resell, reverse engineer, or exploit any portion of the Services without the express written permission from StatisNostics.
You agree not to use any automated means, including robots, crawlers, data mining tools, or the like to download or scrape data from the Services, directly or indirectly, without the express written permission from StatisNostics.
3.4 Data Integrity and Security
You must not attempt to undermine the security or integrity of the computing systems or networks of StatisNostics or any users of StatisNostics.
Engaging in any activity that interferes with or disrupts the Services, including the servers and networks through which the Services are provided, is prohibited.
3.5 Prohibited Uses
The Services must not be used in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
You must not use the Services in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
3.6 Consequences of Violation
Violations of these Terms may result in temporary or permanent suspension of access to the StatisNostics platform. StatisNostics reserves the right to take any necessary legal action against users who violate these guidelines and to cooperate with law enforcement authorities in investigating such violations.
3.7 Service Modifications and Downtime
StatisNostics reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that StatisNostics shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, including but not limited to the loss of any saved data linked to your account or activity.
You acknowledge that StatisNostics may perform maintenance leading to interruptions, delays, or errors in the Services. StatisNostics will attempt to provide timely information regarding maintenance but shall not be required to provide such notice.
4. INDEMNIFICATION
You agree to forever indemnify, defend, and hold harmless STATISTAX, LLC, and any of its affiliates, including professional entities and their offices, or any of its officers, directors, parents, contractors, employees, affiliates, suppliers, subsidiaries, shareholders, servants, agents, members, partners, attorneys, accountants, or licensors harmless from and against any claims, actions, third-party suits, damages, settlements, judgements, liabilities, injuries, obligations, risks, losses, expenses (including, without limitations, reasonable attorneys’ fees, ligation expenses, and accounting fees) related to or arising from, or alleged to arise from, your violation of these Terms.
5. Subscriptions and Payments
StatisNostics offers various subscription plans to access its comprehensive suite of data analytics and insights software. These plans range from individuals seeking basic access, to businesses requiring advanced features and data sets. Below, we detail the structure of subscriptions and payments to ensure clarity and transparency in your engagement with our Services.
5.1 Subscription Plans
Free Subscription: This tier provides limited access to our data and Services at no cost. It is designed for users who wish to explore basic features before committing to a paid plan.
Premium Subscriptions: These tiers offer expanded access to data, advanced analytical tools, and additional features. Premium plans may vary in price, data access levels, and other included Services, tailored to meet the needs of individual professionals, researchers, and businesses.
5.2 Registration and Activation
To subscribe to any StatisNostics plan, you must register for an account and provide accurate, current, and complete information during the signup process.
Subscription to a Premium plan becomes effective after completion of the registration process, and the receipt of the subscription payment. Some account upgrades may be held for manual approval before granting access.
5.3 Payment Terms
Billing Cycle: Premium Subscriptions are billed in advance on a recurring, periodic basis (e.g., daily, monthly, quarterly, or annually), as specified at the time of purchase.
Payment Methods: We accept payments through various methods, including credit cards, debit cards, and other online payment platforms. The available payment methods are subject to change.
Renewals: Subscriptions will automatically renew at the end of each billing cycle unless you cancel your subscription before the end of the current cycle.
Unless expressly agreed upon in writing prior to the renewal period, the fees for renewing the Services provided under this Agreement shall be at the then-current standard renewal rates. We reserve the right to adjust these rates and will provide you with notice of any such changes in accordance with the notification procedures outlined in this Agreement. It is your responsibility to stay informed about the current renewal rates and any changes to them.
Price Changes: StatisNostics reserves the right to adjust subscription prices. Any price changes will be communicated to you in advance, and if you do not agree to the price change, you may cancel your subscription before the new price takes effect.
5.4 Cancellations and Refunds
You have the right to cancel your Premium Subscription at any time. Cancellation requests must be submitted through your account settings or by contacting our customer support.
Upon cancellation, your subscription will remain active until the end of your current billing cycle.
Refunds for Premium Subscriptions are generally not provided, except in cases of billing errors or other exceptional circumstances, at the discretion of StatisNostics.
5.5 Account Security
You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account.
StatisNostics is not liable for any loss or damage arising from your failure to protect your account information, or for third party hacker activities that infiltrate or defeat standard industry security practices.
5.6 Changes to Subscription Plans
StatisNostics may, at its discretion, modify, add, or remove features from any subscription plan. Any significant changes that materially reduce the features or functionality of your current plan will be communicated to you in advance. StatisNostics reserves the right to discontinue any subscription plan or modify the features and services offered within any plan at our sole discretion.
5.7 Compliance and Usage Limits
Your use of the data and Services provided by StatisNostics must comply with these Terms, including any usage limits or restrictions specified in your subscription plan.
Any unauthorized use of the Services, including but not limited to data scraping, automated access, or exceeding usage limits, may result in suspension or termination of your subscription and access to any platform, stored data or functionality.
6. Intellectual Property
StatisNostics is committed to respecting intellectual property rights and expects its users to do the same. The Services provided by StatisNostics, including all materials published on the StatisNostics website—such as text, graphics, logos, button icons, images, audio clips, digital downloads, and software—are owned by or licensed to StatisNostics and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6.1 Ownership
All content included on the StatisNostics platform, unless uploaded by users, sourced from public domain, or obtained through third-party data providers such as the Census Bureau, Realtor.com, and Zillow, is the exclusive property of StatisNostics or its licensors. Such content is protected by U.S. and international copyright laws. The compilation of all content on the StatisNostics platform is the exclusive property of StatisNostics and is also protected by U.S. and international copyright laws.
The StatisNostics name, trademarks, logos, and any other product or service names, designs, patents, or slogans associated with StatisNostics are the intellectual property, trade secrets or know how of STATISTAX, LLC or its affiliates or licensors. You must not use such property without the prior written permission of StatisNostics.
6.2 Respect for Third-Party Rights
In addition to respecting the intellectual property rights of StatisNostics and other users, you must ensure that your use does not infringe upon the rights of any third parties, including those related to the third-party data sourced from entities like the Census Bureau, Realtor.com, Zillow and any other data sources. The intellectual property rights to this third-party data belong to their respective owners, and users are expected to use such data in a manner that respects these rights.
6.3 User Contributions
Users may have the opportunity to post, submit, publish, display, or transmit content or materials (collectively, "User Contributions") to or through the StatisNostics platform. By providing any User Contribution on the StatisNostics platform, you grant StatisNostics and its affiliates and service providers, and each of their respective licensees, successors, and assigns a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
6.4 Prohibited Intellectual Property Use
You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify StatisNostics trademarks, copyrights or any third-party data obtained through the StatisNostics platform in any way, including in advertising or publicity pertaining to distribution of materials on the StatisNostics platform, without StatisNostics' prior written consent and, where applicable, the consent of the respective third-party data providers.
6.5 Protection of Intellectual Property
StatisNostics respects the intellectual property rights of others, including those of third-party data providers, and expects its users to do the same. We will respond to notices of alleged copyright infringement in accordance with applicable copyright laws.
In cases of repeated infringement, including misuse of third-party data, StatisNostics may terminate the account(s) of users in accordance with these Terms.
7. Data Use and Restrictions
7.1 Permitted Data Use
Research and Analysis: You are encouraged to use StatisNostics data for research, analysis, and generating insights relevant to your personal or business objectives.
Internal Business Use: Data obtained from StatisNostics can be utilized for internal business purposes, including market analysis, strategic planning, and operational improvements.
Educational Purposes: Educators and students may use StatisNostics data for academic research, classroom instruction, and educational projects, provided such use complies with our Terms.
7.2 Data Attribution
When using or referencing StatisNostics data in your work, proper attribution to the source of the data is required. Data sources are accessible online; and if the data source is not clear, please contact us to reveal the data source of the data requested. This acknowledgment should be clear and conspicuous, ensuring viewers or readers are aware of the data's origin.
7.3 Data Modification and Integrity
While you may manipulate or modify the data for analysis, you must ensure that such modifications do not misrepresent or distort the information in a manner that could be misleading or result in erroneous conclusions.
7.4 Security Measures
You must implement appropriate security measures to prevent unauthorized access to, or use of StatisNostics services. This includes safeguarding any downloaded data and ensuring that such data is not exposed to unauthorized individuals or entities.
7.5 Reporting Unauthorized Use
If you become aware of any unauthorized use of StatisNostics data, either by an individual or an entity, you agree to report such incidents to StatisNostics promptly.
7.8 Consequences of Violations
Violations of these data use and restriction terms may result in immediate termination of your access to StatisNostics services, legal action, and/or penalties under applicable laws.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF OUR SITES OR SERVICES IS AT YOUR SOLE RISK. SITES AND SERVICES ARE PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. STATISNOSTICS, AND ANY OF ITS AFFILIATES, INCLUDING PROFESSIONAL ENTITIES, OR ANY OF ITS OFFICERS, DIRECTORS, PARENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AGENTS, MEMBERS, PARTNERS, OR LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, OPERABILITY, RELIABILITY, TITLE, CONDITION, TIMELINESS, FUNCTIONALITY, QUIET ENJOYMENT, AVAILABILITY, COMPATIBILITY, ACCURACY OF DATA, SYSTEM INTEGRATION, FREEDOM OF MALWARE, SPYWARE OR VIRUSES OR SPEED OF DELIVERY SYSTEM.
9. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL STATISNOSTICS OR ANY OF ITS OFFICERS, DIRECTORS, PARENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AGENTS, MEMBERS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, MOBILE DEVICE OR COMPUTER DAMAGE, SYSTEM FAILURE, SERVICE INTERRUPTION, OR FOR ANY DAMAGES INVOLVING BODILY OR PERSONAL INJURY, EMOTIONAL DISTRESS, INCLUDING DEATH, OR ANY OTHER LOSSES ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE , DELAY, OR INABILITY OF USE, TO THE SITES OR SERVICES PROVIDED, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT OR TORT, INCLUDING STRICT LIABILITY AND NEGLIGENCE, STATUE, WARRANTY OR OTHERWISE. THIS WILL HOLD TRUE EVEN IF STATISNOSTICS OR ANY AFFILIATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
10. Liability Limitations and Risk Acknowledgment
10.1 Financial Cap on Liability
In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, StatisNostics' liability shall be limited to the maximum extent permitted by law. In no event shall StatisNostics' total liability to you for all damages, losses, and causes of action exceed the amount paid by you for accessing or using StatisNostics' services, or $500, whichever is lesser.
10.2 Basis of the Bargain
The limitations of liability set forth in this section are fundamental elements of the basis of the agreement between StatisNostics and you. StatisNostics offers its Services with the understanding that certain risks and limitations are accepted by you.
10.3 Risk Allocation
The allocation of risk under these Terms is an essential element of the Agreement between you and StatisNostics. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed its essential purpose.
10.4 Third-Party Products and Services
StatisNostics disclaims all liability with respect to third-party data, products or services that you may use in conjunction with our Services. Our liability shall not extend to any loss or damage you might suffer due to reliance on or compatibility with third-party products or services.
10.5 Data Use and Decision Making
StatisNostics shall not be liable for any decisions, actions taken, or outcomes resulting from the use of data or insights obtained from our Services. It is your responsibility to ensure that data used from StatisNostics is applicable and suitable for your intended purposes.
10.6 Data Accuracy and Completeness
While StatisNostics strives to ensure the accuracy and completeness of the data provided, we cannot guarantee that the data is free from errors, inaccuracies, or omissions. Data may also become outdated or may not reflect the most current conditions. StatisNostics is not responsible for any decisions or implementation of any plans or specifications made based on the data or information provided through the Services.
10.7 Third-Party Content
The Services may include or provide access to content, data, information, applications, or materials from third parties ("Third-Party Content"). StatisNostics does not control, endorse, or assume responsibility for any Third-Party Content, including its accuracy, validity, legality, or decency.
10.8 Technical Errors and Unavailability
StatisNostics does not warrant that the Services will be uninterrupted or free from technical errors, bugs, viruses, or other harmful components. Furthermore, access to the Services may occasionally be unavailable due to maintenance, updates, technical issues, or network failures.
10.9 No Professional Advice
The data and information provided by StatisNostics are for informational purposes only and should not be construed as professional advice or as information provided for your guidance. Users are encouraged to consult with qualified professionals for specific advice tailored to their situation.
10.10 Limitations by Law
Some 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 disclaimers may not apply to you to the extent that they relate to implied warranties or certain damages.
11. Website Hyperlinks
Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such other site or location or its contents. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
12. DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND STATISNOSTICS TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM STATISNOSTICS.
12.1 Governing Law.
The Website is controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. These Terms will be governed by the laws of the State of Illinois without regard to conflicts of law principles.
12.2 Arbitration Agreement.
You and StatisNostics agree that all claims and disputes relating in any way to your use of our Website, or arising out of or in connection with these Terms, shall be resolved by binding arbitration, to the fullest extent permitted by applicable law, on an individual basis, except for disputes in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first agree to these Terms. You also agree that any arbitration will be sited in Illinois.
12.3 Waiver of Jury Trial.
IN THE EVENT ARBITRATION IS CONTRARY TO APPLICABLE LAW, YOU AND STATISNOSTICS WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and StatisNostics are instead electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
12.4 No Class Arbitrations, Class Actions, or Representative Actions.
YOU AND STATISNOSTICS AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND STATISNOSTICS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER STATISNOSTICS USERS.
12.5 Arbitration Rules.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and StatisNostics will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, except that each party shall pay their own arbitration fees and costs. A single arbitrator shall decide all claims based on documents only with no discovery and no expert witnesses, with arbitration limited to remote attendance limited to one day. The AAA Rules and filing forms are available at www.adr.org. The foregoing rules in this paragraph apply except to the extent otherwise set forth in these Terms.
13. No waiver
No waiver by StatisNostics of any provision or condition set forth in these Terms shall be deemed a further or continuing waiver of such provision or condition or a waiver of any other term or condition, and any failure of StatisNostics to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
14. No agency relationship
Neither these Terms or any content or features of the Services create any partnership, joint venture, employment, or other agency relationship between StatisNostics and you. You may not enter into any contract on our behalf or bind us in any way.
15. Remedies
Without limiting any other rights and remedies available to us, we reserve the right, in our sole discretion and without prior notice, to end your access to our Services, any website and/or block your future access to Services or websites for any reason.
You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate.
These remedies are in addition to any other remedies we may have at law or in equity.
16. Assignment
You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, and any attempt to do so will be null and void. StatisNostics may freely assign or transfer these Terms and any subscription plan to any third party or affiliate without notice or restriction.
17. Other
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Any rights not expressly granted herein are reserved.
18. FEES AND PAYMENT
You are responsible and agree to pay all charges, fees, and billing terms due to your account for the Services. By entering your payment information and submitting your service request, you authorize, StatisNostics, our affiliates, or our third-party payment processors to charge the total amount due for the requested Service and immediately invoice your account with no additional notice or consent with StatisNostics. StatisNostics has no obligation to provide any Services until full payment has been received and verified. Your actual use of any Services is not a precondition to your obligation to make a subscription payment.
19. CHANGES AND MODIFICATIONS
StatisNostics reserves the right to make changes, modify, or permanently or temporary suspend or discontinue, any websites or Services or any portion thereof, with or without notice. StatisNostics shall not be held liable to you for any third party for the suspension, modification, discontinuations, or termination of any websites or Services.
StatisNostics is constantly developing, including revisions to these Terms. We reserve the right to make changes to the Terms at any time without prior notice. Updated Terms will be posted on our websites.
20. Unauthorized Device Usage (Custom Rom, Jailbroken, or Hacked operating system devices)
Our mobile apps and websites may only be used on unmodified manufacturer approved operating systems. Use of our software, data or Services on modified, jailbroken, custom rom or hacked operating systems may undermine security features that are in place designed to protect your data. By using a modified operating system, you are at risk of unauthorized disclosure of your information. Use of an unauthorized device or operating system is a material breach of these Terms.
21. Inaccuracies and Errors.
The information on any of our websites, applications or Services including without limitation, information regarding pricing, may contain typographical errors or other errors or inaccuracies, and may not be complete or current. StatisNostics reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. StatisNostics will not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. StatisNostics reserves the right to refuse to fill any orders or provide Services that are based on inaccurate or erroneous information on our websites or Services, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.
After termination, StatisNostics will have no further obligation to provide the Services.
22. Survival.
Upon termination, the following provisions of these Terms will survive and continue to apply to you and to StatisNostics:
Disclaimer of Warranties
Indemnification
Limitations of Liability
Dispute Resolution
No waiver
Remedies
Assignment
23. DIGITAL MILLENNIUM COPYRIGHT ACT
StatisNostics respects the intellectual property rights of others and is compliant with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512).
If you believe your copyright-protected work was posted on a StatisNostics site without authorization, you should submit a DMCA Notice to StatisNostics’s Designated Agent at [email protected]
The submitted information must include the following:
Your full name, mailing address, telephone number, and email address. A statement by you that you have a good-faith belief that the alleged infringing use is not authorized by the copyright owner, its agent, or the law, and a signed physical or electronic statement by you, made under penalty of perjury, that the all the submitted information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The description of where the allegedly infringing material is located on the StatisNostics website, application or Service.
A description of the copyrighted work that is claimed to be infringed. Please note that this procedure is exclusively for notifying StatisNostics that copyrighted material has been posted on a StatisNostics site or facility without authorization only.
Updated 02/26/2024