Effective Date: December 19, 2014
1.1. The website, “SettlementAnalytics.com” (the “Website”) is the property of Macro Research Associates Limited (the “Company”).
1.2. The terms You, Your, Yourself, User(s), Registered Visitor(s), shall refer to You as an individual user and/or the legal entity (the “Entity”) you represent, as applicable.
2. Compliance with Law
2.1. Use of and access to the Website is subject to all applicable local, national and international laws and regulations. Users agree not to use the Website or the Information Content in any way that violates these laws and regulations.
2.2. You warrant to the Company that You will not make use of the Website or its Information Content for any purpose that is unlawful or in violation of this Agreement.
3. Grant of Limited License
3.1. Subject to the terms of this Agreement, You are hereby granted a limited, non-exclusive, non-transferable license to use the Information Content for informational, non-commercial purposes.
3.2. You acknowledge and agree that You may not copy, transmit, display, publish or in any other way transmit any of the Information Content and are strictly prohibited from causing the public display or dissemination of the Information Content without the express written consent of the Company.
4. Non-Advisory Relationship
4.1. The Website and its Information Content and Your use of it does not constitute professional advice of a financial, legal or any other professional nature and should not be construed as such.
4.2. Use of the Website or its Information Content does not create a client or advisory relationship between You and the Company.
5. Dispute Information
5.1. The Website enables the User to submit generic information concerning legal claims, disputes, lawsuits or actions (“Disputes”) to the Website and/or the Company via the Website’s “Submit Your Case” form or other information capture mechanisms (the “Information Forms”) on the Website regarding the fact of a Dispute to which the User is a party.
5.2. As regards to the submission of any such information concerning any Dispute(s), you acknowledge and agree as follows:
5.2.1. You will not use Information Forms to send information that is proprietary, confidential or commercially sensitive
5.2.2. You will only use Information Forms to send information that is non-sensitive, non-confidential or publicly available
5.2.3. You will not use Information Forms to send information which you are not authorised to do so
5.2.4. You will not use Information Forms to send information pertaining to Disputes to which Your are not a party
5.2.5. Receipt of information from You by the Company concerning any Dispute does not bind the Company to any obligation, duty or confidentiality, nor will receipt of such information constitute any form of client relationship.
6. Intellectual Property
6.1. The Information Content provided on the Website and the design, layout, graphics, organisation and logos used on the Website are the copyrighted and/or trademarked works and property of the Company and are protected by international copyright law and may not be used, copied, duplicated or imitated without the express written permission of the Company. ALL RIGHTS ARE RESERVED WORLDWIDE.
6.3. Except for the limited rights described in Section 3 of this Agreement, You do not acquire any intellectual property rights or license in any of the property belonging to the Company by virtue of using or accessing the Website or its Information Content.
7. Technology Disclaimers
7.1. The Website and its Information Content refer to and rely upon ideas, concepts, theories, mathematical models, analytic processes, computer code and software applications that are developmental in nature (the “Developmental Technologies”).
7.2. The Developmental Technologies are, by definition, subject to change as the Company conducts further research and updates and refines its ideas, theories, models, processes, software, applications and code.
7.3. The Developmental Technologies may use, refer to or rely upon mathematical, economic, game theoretic, bargaining, statistical, financial and simulation models of litigation, settlement and settlement bargaining. Such models involve significant degrees of abstraction and assumptions that may not necessarily be realistic when applied to particular real-world contingent claims, litigations and/or settlement bargaining scenarios.
7.4. The Developmental Technologies are provided “as is”. With respect to the Developmental Technologies, the Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy or non-infringement.
8. General Disclaimers
8.1. The Website and its Information Content are provided “as is”. The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy or non-infringement.
8.2. The Company may change, restrict access to, suspend or discontinue the Website or any part of it at anytime, and makes no warranty with respect to continuity of service.
8.3. Without limiting the generality of the foregoing, the Company does not make any warranties or representations concerning the accuracy, availability, reliability, security or completeness of the Website or its Information Content. The Company does not make any warranty that the Website or its Information Content will be free from error, computer viruses or other harmful components.
9. Limitations of Liability
9.1. When Users make use of the Website, Information Content or Developmental Technologies they understand and agree that they do so at their own risk.
9.2. In no event shall the Company, its shareholders, directors, officers, employees, agents or affiliates be liable to You for any direct, indirect, incidental, exemplary, special, consequential or punitive damages, including, without limitation, damages for loss of data, revenue or profit, or due to computer failure or business interruption that arise from use of, unavailability of, or termination of your access to the Website, the Information Content or Developmental Technologies whether based on actions in contract, tort, negligence, strict liability, or otherwise, and even if the Company has been advised of the possibility of such damage.
9.3. In no event shall the Company, its shareholders, directors, officers, employees, agents or affiliates be responsible or liable for a) any mistakes, errors, omissions or inaccuracies with respect to the Website, its Information Content or Developmental Technologies, b) unauthorised access to or interference with the Website or the Company’s computer or email servers, Your information or Registered Visitor account or account information, c) telecommunications or computer failure, computer viruses or other malware which may be delivered, transmitted or communicated via the Company’s Website, computer or email servers.
9.4. You agree to expressly relieve the Company from all liability arising from Your use of the Website, the Information Content or the Developmental Technologies.
12.1. Various third party websites are linked to the Website. The Company has not reviewed all of the sites linked to its web site and is not responsible for the contents of any such linked site. These links are provided as a convenience to Users and their inclusion does not imply an endorsement of the linked website by the Company. Use of any such linked website is at the User’s own risk.
13. Additional Terms Applicable Only to Registered Visitors
- 13.1. Additional Terms
13.2. Account Information
13.2.1. To become a Registered Visitor users must complete a registration form on the Website and supply account information such as name, job title, company name, email address, a username and password. When completing the registration form you agree to supply accurate information. You further agree to update Your Registered Visitor account information in a timely manner and maintain the accuracy of this information.
13.3. Responsibility for Account Security
13.3.1. To complete registration on the Website, Registered Visitors must establish an account and select a unique username and password.
13.3.2. The Registered Visitor agrees to preserve the confidentiality of his/her account username and password and notify the Company of any loss, theft of this information or disclosure to any third party.
13.3.3. You acknowledge and agree that the Company will not be liable for any unauthorised access to the Registered Visitors account or use thereof.
13.3.4. The Registered Visitor agrees to be responsible for the security of his/her account access, username and password.
13.4. Prohibition Against Third Party Access
13.4.1. You agree that you will not under any circumstances: Permit another person or entity to use Your Registered Visitor account access permission, Impersonate another person or entity in the registration process or obtain Registered Visitor access by deception, Utilize the Registered Visitor access permissions belonging to another.
13.5. Confidential Information
13.5.1. By their registration with the Website, Registered Visitors gain additional access to webpages, and otherwise restricted content containing information of a proprietary, commercially sensitive and confidential nature (the “Confidential Information”).
13.5.2. The “Confidential Information” may include but is not limited to: information, ideas, concepts, designs, mathematical models, analytic processes, computer code, software and software designs pertaining to litigation, claim settlement, contingent claims and the statistical, economic, financial or game theoretic analysis thereof.
13.5.3. Buy using the Website as a Registered Visitor You agree as to the confidential nature of this information and agree to maintain such confidentiality to Yourself or within the Entity you represent.
13.5.4. You agree not to disclose the Confidential Information in whole or in part, to any third party without the express prior written permission of the Company.
13.5.5. The disclosure of Confidential Information to Registered Visitors and your access to same shall not constitute or be construed as a grant of any express or implied license to any of the Confidential Information, the Company’s patents or other intellectual property rights.
13.6. Termination of Registered Visitor’s Account
13.6.1. The Company may terminate a Registered Visitor’s account and access rights to such account without notice and in its absolute discretion.
14. Assignment of Rights
15. No Waiver
15.1. Failure of the Company to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedies it may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions and covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
16. Term and Termination
16.1. This Agreement will remain in full force and effect while You are using the Website or its Information Content.
18. Entire Agreement
19. Choice of Law
19.1. This Agreement shall be governed by and construed in accordance with the laws of England, without any reference to conflict-of-laws principles.
20. Choice of Jurisdiction
21. Severability of Terms
21.1. In the event that any provision or portion of this Agreement is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of the terms of this Agreement shall remain valid and will continue in full force and effect.
Effective Date: December 19, 2014
Macro Research Associates Limited