Data Points LLC

INDIVIDUAL USER TERMS OF USE

LAST MODIFIED: September 1, 2021

1. TERMS GOVERNING USE. Your assent to these terms of use shall constitute a binding contractual agreement between you and Data Points LLC, a Georgia limited liability company (the “Company”). By using the Internet site located at measure.datapoints.com (the “Site”) or any services provided in connection with the Site (collectively with the Site, the “Service”), you agree to abide by these Terms of Use. It is your responsibility to review these Terms of Use before using the Service, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site and Service. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2.  NOT INVESTMENT ADVICE. The Service and all of its work-product and analytical output, including but not limited to reports that you and/or your advisor receive as a result of taking an assessment, is for psychological and behavioral consulting purposes only and do not constitute investment advice or an investment recommendation by the Company. The Company is not registered with the Securities and Exchange Commission or any other federal or state regulatory authority as an investment advisor, broker-dealer, or any other designation that would allow the Company to provide investment advice. You agree and acknowledge that the Company, including its employees, officers, and other representatives, are not financial or investment advisors, financial planners, or registered broker-dealers, and therefore cannot and do not provide you with investment advice either through the Service or any other means. 

You acknowledge and agree that the Company makes no representation as to the suitability of the Service for any purpose. You acknowledge and agree that the Company shall not be held liable for any damages or consequences that may arise as a direct or indirect result of your use of the Service. You acknowledge and agree that DataPoints cannot and does not warrant the manner in which any individual investor will react in currently unknown future conditions in securities markets. You acknowledge and agree that any investment decisions made by you and/or your financial advisor or other financial professional are made at your own risk and based on your own independent judgment (in conjunction with the professional judgment of your professional advisor). You acknowledge and agree that the Company does not hold itself out as a financial advisor, financial planner, investment advisor, asset manager, broker-dealer, or any other form of professional investment manager, and that the Company does not independently evaluate the suitability or propriety of any investment security or investment plan or policy. You acknowledge and agree that nothing provided by the Service constitutes an offer to buy, sell, or recommend any security. You acknowledge and agree that the Company is not and shall not be responsible for any investment and/or trading decisions and any resulting damages or losses resulting directly or indirectly from the use of the Service. You acknowledge and agree that you (and/or your financial professional) are solely responsible for all of your investment decisions and transactions.

3. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current Privacy Policy can be found by clicking here. Company’s Privacy Policy is expressly incorporated into this Agreement by this reference.

4. USER CONTENT AND DATA. All data and/or content that you provide to the Company through the Site or in relation to the Service (“User Data”) shall be the exclusive property of the Company and/or your advisor (if so provided in the terms of use and service agreement with your advisor). The User Data that you provide will be used to provide reports and analytical tools to your financial advisor or other consultant/professional that referred you to the Site, for use by that advisor professional as he/she determines appropriate within the context of your professional engagement. Additionally, the Company shall have the right to use the User Data as part of an aggregate and anonymous data set in the operation of its business, including but not limited to its ongoing research efforts that may result in additional products and publications. You will not be compensated for any User Data. The Company will preserve your anonymity with respect to the User Data that you provide, and will never publish or otherwise disclose or identify you individually through the use or publication of the User Data.

5. TERMINATION OF ACCESS. Company reserves the right to terminate your use of the Service and/or the Site at any time and for any reason. The Company may terminate your account or your access to the Site immediately, with or without notice to you, solely at the Company’s discretion.

6. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

7. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THE LIMITATION OF LIABILITY CONTAINED IN THE PRECEDING PARAGRAPH, WE WOULD NOT PROVIDE THE SUBSCRIPTION SERVICE TO YOU.

8. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content.

9. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

10. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

11. COPYRIGHT. All contents of the Site or Service are subject to copyright held by the Company as of the date of first publication. All rights are reserved by the Company.

12. GOVERNING LAW; DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION. This Agreement shall be governed by and construed according to the laws of the State of Georgia, USA, without regard to any conflict of law principles.  Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Atlanta, Georgia. The arbitration shall be governed by the laws of the State of Georgia.

13. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

14. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, names, service marks, or logos owned by Company or by any third party, or any copyrighted material.

15. GEORGIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of Georgia. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Georgia.

16. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and provide notice to you of the revision upon request to enter the Site. You agree that, by continuing to use or access the Site following your assent to a revised version of these Terms of Use, that you will be bound by that subsequent revision. If your assent is not given to a revised terms of use, you will be denied further access to the Site and Service, and your prior use will continue to be governed by the prior version of the Terms of Use that you previously agreed to.