MARKETview Terms and Conditions
Welcome to https://marketview.farrellday.com/ (“MARKETview”). MARKETview has been established for use by college and university administrators, employees and trustees for analytical and data visualization purposes. Only registered users may access MARKETview.
Use by anyone else for any purpose other than as articulated above is strictly prohibited.
By accessing, viewing, or otherwise using MARKETview, you agree to the following terms and conditions, without limitation or qualification. You further acknowledge that you are of the age of legal majority and are capable of forming legally binding agreement(s) under applicable law.
We provide MARKETview subject to the terms and conditions of this Agreement. We reserve the right, at our sole discretion, to modify or amend these terms and conditions at any time and without prior notice to you. Any modification to this Agreement will become effective at the time and in the manner as set forth in the amendment or when posted.
This Agreement shall take effect immediately upon your first use of MARKETview. If you do not agree to these terms and conditions, you are not authorized to access, view or otherwise use MARKETview.
3. PROVISION OF MARKETview
MARKETview is provided by Farrell Day LLC, located in Richmond, Virginia. Personal references, such as "we", "us", and "our", refer to both MARKETview and Farrell Day. MARKETview is a trademark of Farrell Day.
You acknowledge and agree that the form and nature of MARKETview may change from time to time without prior notice to you. You also acknowledge that we may discontinue providing the Services (or any feature within the Services) to you or to other users at our sole discretion, without prior notice to you. Lastly, you acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Services or any files or other content which you have transmitted using the Services.
4. USE OF MARKETview
In order to access MARKETview, you may be required to provide information about yourself (e.g., identification and/or contact details) as part of the registration process or as part of your continued use ("Registration Information"). You agree that you will provide true, accurate, current and complete Registration Information. You will maintain and promptly update your Registration Information to ensure that it is true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and/or refuse any future use of MARKETview.
You agree to use MARKETview only for purposes that are permitted by (a) this Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to access (or attempt to access) MARKETview by any means other than through the interface that is provided. Lastly, you agree that you will not engage in any activity that interferes with or disrupts MARKETview (including, but not limited to, any servers and/or networks used to implement MARKETview).
5. PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with the account you use to access MARKETview. Accordingly, you agree that you will be solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately at [email protected]
We will not use any of the Registration information which you provide about yourself as part of the registration process for any purpose other than to establish your account for use of MARKETview and to secure access to your account, unless we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce terms and conditions of this Agreement, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of our users or the public as required or permitted by law.
We do not sell, share or rent your Registration Information or use your email address for unsolicited mail. Any email sent by us will only be in connection with MARKETview and you consent to receive such email.
We use appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data, including internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data, such as your Registration Information.
We also restrict access to Registration Information to employees and subcontractors who need to know that information in order to process and secure it. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
7. PROPRIETARY RIGHTS
You acknowledge and agree that we own all legal right, title and interest in and to MARKETview including any intellectual property rights. You further acknowledge that MARKETview may contain information which is designated confidential by us ("Confidential Information"), and that you shall not disclose such Confidential Information without our prior written consent.
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion or use of, or access to MARKETview.
Nothing in this Agreement gives you the right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices).
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees, directors, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by you or any third party due to or arising out of: (a) any false or fraudulent claims made by you; (b) your violation of this Agreement or law; or (c) your violation of any rights of another.
9. GENERAL LEGAL TERMS
This Agreement constitutes the whole legal agreement between you and us and governs your use of MARKETview.
You agree that if we do not exercise or enforce any legal right or remedy which is contained in this Agreement, this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of the terms and conditions contained herein. The remaining provisions of this Agreement will continue to be valid and enforceable.
This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of laws provisions. You agree with us to submit to the exclusive jurisdiction of the courts located within the City of Richmond, Virginia to resolve any legal matter arising from this Agreement. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.