Terms of Service

The following terms and conditions govern all use of the dataZoa.com website and all services, content, software, data, information and products available on or through the website including but not limited to dataZoa.com, DataZephyr, DataZephyr-Pro, dZ-Dot, dZBoards and DataZither and any of their successor or derivative products or services, as well as any pre- or post-sales supports services provided to you, all of the foregoing referred to collectively as the "Services". The Services are owned and operated by Leading Market Technologies, Inc. ("LMT"), and may only be used subject to your acceptance of all of the terms and conditions contained herein and any other policies, rules and procedures which may be published from time to time on this site by LMT including without limitation, LMT's Privacy Policy. All of the foregoing collectively constitute the "Agreement".

Please read this Agreement carefully before accessing or using dataZoa. By visiting this site or utilizing dataZoa or any part of dataZoa in any way you agree to be bound by the terms and conditions set forth in this Agreement. This is a legal agreement between you and Leading Market Technologies, Inc. ("LMT"). If you do not accept and agree to abide by all of the terms and conditions of this agreement then you may not access dataZoa or use any part of it or any of the Services. The Services are available only to individuals who are at least 13 years of age. The terms of this Agreement, including without limitation LMT's Privacy Policy may be updated by us from time to time without notice to you. You may view the most current of these terms at any time at http://www.dataZoa.com/about/dZ_terms.asp

Payment, Service Term and Renewal

By selecting or otherwise contracting for a paid service offered on or through the dataZoa website you agree to pay LMT the annual or monthly subscription fees corresponding to the service you select or otherwise contract for with LMT. Unless otherwise specified in written terms between you and LMT, you agree that payments will be charged on a pre-paid basis at the time you sign up for such service and will cover your use of that service for the contracted annual or monthly subscription term corresponding to your purchase. Paid service fees are non-refundable. Your subscription will renew automatically at the end of the contracted service term unless you notify LMT 60 days prior to the end of a then current annual subscription term, or 5 days prior to the end of a then current monthly subscription term. In the event of an automatic renewal you authorize LMT to collect the then-applicable monthly or annual subscription fee plus applicable taxes for the then currently contracted services and you authorize LMT to utilize any credit card or other payment mechanism we have on record for you. Paid services may be cancelled via written email notice to LMT at SUPPORT@LMTECH.COM or via FAX to +1 617-494-4788.

Registration

As a condition to using certain of the Services, you may be required to provide an email address and/or create an account (hereinafter "Account") and select a password and user name, as well as providing other optional registration information such as your name, organization name, the URL of your web site or blog, and your favicon. You agree to provide accurate, complete, and current registration information, including your email address, and acknowledge and agree that failure to do so may result in suspension of your Account at any time without notice. You agree not to provide any information for the purposes or with the intent to deceive others, or to impersonate another individual or organization or deceive anyone as to your identity or the source of any information in your account. You agree to keep your Account password confidential and take full responsibility for maintaining the confidentiality of your Account password and for protecting the security of your Account. You agree to notify LMT immediately of any unauthorized access by others of your account, as well as any suspected or actual loss or theft of your Account access information or password.
Proprietary Rights

LMT and/or its suppliers as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services.

Prohibited Uses

Except as clearly anticipated by the design of the offered services (shareable embeds, shareable dZBoards, sharing of data from your dataZoa account, free downloads of the dZ-Viewer, etc.), you agree not to reproduce, duplicate, copy, sell, or resell, any portion of the Services, use of the Services or any portion thereof, or access to the Services or any portion thereof, except to the extent that you or your organization has secured a "Commercial/Institutional Publishing" license and is using the Services commercially under that agreement. You and your organization may utilize the Services internally for your personal and business purposes including for information access, sharing and analytic use. Additionally, you may not, without written permission from us:

(A) Use, copy, modify, merge, create derivative works of, or transfer copies of the Services or any component of the Services except in forms and ways expressly provided by the features of the Services;

(B) Use any backup or archival copies of the the Services, its software or any information included as part of the Services (or allow someone else to use such copies) except as provided for by the services;

(C) Disassemble, decompile or "unlock", reverse translate, reverse engineer, reverse compile, or in any manner decode the Services software or any aspect of the Services for any reason, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

In addition to the foregoing, you acknowledge that LMT may establish general practices and limits concerning use and features of the Services, including without limitation the maximum number of concurrent sessions you may have or utilize with your account, the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time, the amount of data or number of data items or series or topics you may receive or store or transmit information on at any time or during any time period, and the frequency with which information is updated. You acknowledge that LMT reserves the right to log off users that are inactive for an extended period of time, however LMT wishes to define "inactive" or "extended" in its sole discretion. You further acknowledge that LMT reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

You agree not remove, deface or obscure any of LMT's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services.

Third Party Web Sites

This web site and others included within the Serivces may enable you to link to other web sites on the Internet, and other web sites may offer links to web sites included within the Services. Such other web sites are not under LMT's control, and you agree and acknowledge that LMT is not responsible for any aspect of such other web sites, including their accuracy, legality, appropriateness or any information, data, content of functional operations of such web sites. The inclusion of any link to or from web sites included within the Services does not imply endorsement by LMT or any business or other association with the operators or owners of any such web sites. You acknowledge that data and other content appearing on such other web sites may be subject to copyright and other use restrictions and you agree that you bear the sole responsibility and risk from and arising out of your own use of such data or other content on such web sites.
WARRANTY DISCLAIMER.

WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". LMT, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LMT, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION CONTAINED WITHIN THE SERVICES OR ANY RESULTS WHICH MAY BE OBTAINED THROUGH USE OF THE SERVICES, REGARDING ANY INFORMATION, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY DATA, INFORMATION OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR IN ANY WAY USED OR RELIED UPON BY YOU IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. You agree to indemnify and hold LMT, and its subsidiaries, affiliates, officers, agents, co-branders, suppliers, resellers or other partners, and employees, harmless from any claim or demand, including but not limited to attorneys' fees, made by any third party due to or arising out of your use, or the use by any person of your dataZoa account or access to the services, which is in any way a violation of the terms of this Agreement or a violation of any rights of another. Without limiting the foregoing, the services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, ground traffic control systems and life support or weapons control systems. Without limiting the generality of the foregoing, LMT, its subsidiaries, affiliates, officers, agents, co-branders, suppliers, resellers, other partners, and employees, specifically disclaim any express or implied warranty of fitness for such purposes. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other legal rights, which vary from state to state.

Limitation of Liability

OUR LIABILITY TO YOU FOR ANY LOSSES SHALL BE LIMITED TO DIRECT DAMAGES, AND IN NO CASE SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR PRECEEDING THE CIRCUMSTANCES GIVING RSIE TO SUCH CLAIM, OR ONE DOLLAR ($1.00), WHICHEVER IS GREATER. . THIS REMEDY IS CUMULATIVE AND NOT PER INCIDENT. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING TORT, CONTRACT OR OTHERWISE, SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, INCLUDING LOSS OF REVENUES OR PROFITS, LOST OR DAMAGED DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR ANY OTHER PECUNIARY LOSS OR DAMAGE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF LITIGATION IN VOLVING dataZoa, YOU AGREE THAT AFTER FINAL JUDGEMENT AND EXHAUSTION OF APPEALS THE NONPREVAILING PARTY SHALL PAY ALL REASONABLE COSTS OF LITIGATION OF THE PREVAILING PARTY, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES. You acknowledge that LMT has set its prices and entered into this Agreement with you in reliance upon the disclaimers of warranty and the limitations of liability set forth in the foregoing, that these terms reflect an allocation of risk between the parties (including a risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that these terms form an essential basis of the bargain between the parties. Some jurisdictions do not allow these limitations or exclusions, so they may not apply to you.

Agreement Provisions which Survive Termination

The following provisions will survive termination of this Agreement: (i) the sections relating to registration, proprietary rights, prohibited uses, third party web sites, warranty disclaimer, limitation of liabililty and copyright; and (ii) any other provision of this Agreement that must survive termination to fulfill its essential purpose.

Copyright Policy and Procedures for Making a Claim of Copyright Infringement

LMT respects the intellectual property of others and accordingly has adopted the policy set forth below, consistent with the Digital Millennium Copyright Act located here: http://www.copyright.gov/legislation/dmca.pdf.

To Report a Claim of Copyright Infringement
If you believe that content residing or accessible through dataZoa constitutes copyright infringement, please send a notice of your claim of copyright infringement to our Designated Agent set forth below, and include this information:

- A description of the copyrighted work that you believe has been infringed.
- A description of and the location of the material that is claimed to be infringing, including if applicable, its location on the dataZoa Site or a site served by The Services with sufficient location information to enable us to find and verify the presence of the described material.
- Your contact information, including your name, address, email address and telephone number.
- A statement by you confirming your good faith belief that the material is not authorized by the copyright owner, its agent or law.
- Your statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to make your a complaint on behalf of the copyright owner.
- Your electronic or physical signature as the copyright owner or the person authorized to act on behalf of the owner of the copyright.

LMT's Designated Agent for notice of claims of copyright infringement can be reached as follows:

Copyright Agent/dataZoa
Leading Market Technologies, Inc.
58 Winter Street
Boston, MA 02108
Phone: (617) 494-4747
Fax: (617) 494-4788
Email: LMT@LMTECH.com