By using or visiting our
website located at www.miningdataonline.com, other affiliated websites, or using our
services, software or materials (collectively the “Servicesâ€), you
acknowledge that you accept the terms, conditions, restrictions and policies
outlined in
these Terms of Use (the “Termsâ€).
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1. ACCEPTANCE
In order to use the Services, provided by MDO Data Online Inc. (MDO) you
must first agree to the Terms.
You may not use the Services if you do not accept the Terms.
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2. USE OF THE SERVICES
You agree to use the Services
only for the purposes that are permitted by these Terms and by any
applicable law, regulation, or generally accepted practices or guidelines in
the relevant
jurisdictions (including any laws governing the export or import of data or
software to and from relevant jurisdictions).
You agree that you will not
engage in any activity that interferes with or disrupts the Services, or the
services or networks which are connected to the Services or on which the
Services are hosted.
You agree that you are solely
responsible for, and MDO has no responsibility to you or any third party
for, any breach of your obligations under the Terms (including breach of any
obligations you may have with respect to a Third Party Service) and for the
consequences (including any loss or damage which MDO may suffer) of any such
breach.
As a subscriber to the Services you may download and save content of the
Services as permitted under copyright law and use it for personal or
commercial purposes.
HOWEVER, THE CONTENT MAY NOT BE DOWNLOADED, SAVED, DUPLICATED OR MODIFIED
FOR ANY FORM OF REDISTRIBUTION WITHOUT A SPECIAL WRITTEN AGREEMENT WITH MDO.
Sharing your Data Access Credentials (i.e., User ID and Password) is
prohibited.
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3. UPDATES AND CHANGES TO THE SERVICES
You acknowledge and agree that
the form and nature of the Services which we provide may change from time to
time without prior notice to you.
You acknowledge and agree that
we may stop (whether permanently or temporarily) providing the Services (or
any features or materials within the Services, including any Third Party
Services)
to you at our sole discretion, without prior notice to you.
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4. THIRD PARTY MATERIALS AND SERVICES
The Services may also provide an
opportunity for you to discover other data, materials or products, or link
to websites (“Third Party Servicesâ€) offered or made available by third
parties
not affiliated with MDO (“Third Party Providersâ€). These Terms do not apply
to such Third Party Services, and these Terms to do not govern the practices
of
such Third Party Providers. When using Third Party Services, you should read
the relevant terms of use, including any applicable end user license
agreement
(“EULAâ€).
You acknowledge and agree that MDO
is not responsible for any Third Party Services, including content,
websites, services, or other software or products provided by Third Party
Providers.
You acknowledge and agree that MDO
does not warrant or endorse, and does not assume and will not have liability
to you or any other person for any Third Party Services, and that your use
of such
Third Party Services, is at your own risk.
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5. OWNERSHIP
You acknowledge and agree that nothing
in the Terms gives you a right to use any of our, or Third Party Services,
trade names, trademarks, service marks, logos, domain names or other
distinctive brand features.
You agree that you shall not
remove, obscure, or alter any proprietary rights notices (including
copyright and trademark notices) which may be affixed or contained within or
on the
Services.
You acknowledge and agree that you do not acquire any ownership rights by
using any part of the Services.
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6. TERMINATION
The Terms will continue to
apply until terminated by either you or MDO as set out below.
Your rights under this
Agreement will terminate automatically without notice to you if you violate
any provision of these Terms. MDO may immediately terminate these Terms and
any use
of, or access to, the Services at any time, including in the event we
determine that the Services or use thereof may result in infringement or
violation of
third party rights or claims thereof..
Any provisions of this
Agreement that, in order to fulfill the purposes of such provisions, need to
survive the termination or expiration of this Agreement, shall be deemed to
survive for as long as necessary to fulfill such purposes.
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7. ACCOUNT ACTIVATION AND REFUND POLICY
Once we receive your payment in full, your subscription will be activated
and you will be granted access to the set of data you purchased. It may take
us between 2 and 24 hours to set up your account.
All payments are completely non-refundable and whilst you may choose to
terminate or downgrade your MDO subscription during your subscription term,
you will not be refunded, in whole or in part.
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8. WARRANTY DISCLAIMER
- YOU EXPRESSLY UNDERSTAND AND
AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE
RISK AND THAT THE SERVICES AND DATA ARE PROVIDED “AS IS†AND “AS
AVAILABLE.â€
- ALL INFORMATION AND DATA MADE
AVAILABLE VIA THE MDO IS PROVIDED FOR INFORMATIONAL
PURPOSES ONLY, AND IS NOT INTENDED FOR ACTUAL TRADING PURPOSES OR MARKET
ADVICE.
- ANY SOFTWARE OR OTHER
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICES, AND THE SERVICES, ARE USED AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR
OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
SOFTWARE OR OTHER MATERIAL.
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MDO DOES NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE
OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE
SERVICES WILL BE ACCURATE OR RELIABLE, AND
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SERVICES
OR SOFTWARE PROVIDED TO YOU WILL BE CORRECTED.
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NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MDO
OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS.
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9. LIMITATION OF LIABILITY
SUBJECT TO PARAGRAPH 8.1 ABOVE,
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MDO, ITS SUBSIDIARIES AND
AFFILIATES, SHALL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED
BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL
INCLUDE, BUT
NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR
INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA
SUFFERED, COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
ANY LOSS OR DAMAGE WHICH MAY BE
INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF
ANY CHANGES WHICH MDO MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR
TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN
THE SERVICES).
THE LIMITATIONS ON MDO’S
LIABILITY TO YOU IN PARAGRAPH 8.1 ABOVE SHALL APPLY WHETHER OR NOT MDO HAS
BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH
LOSSES
ARISING.
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10. CHANGES TO THE TERMS
We may make changes to these
Terms or provide revised or additional terms from time to time. When these
changes are made, we will inform you about the changes promptly and
make an updated version of these Terms available at
https://miningdataonline.com/terms-of-use-agreement.aspx.
You understand and agree that if you continue to use the Services after the
date upon which the Terms have been revised or changed, we will treat your
use as acceptance of the updated Terms.
However, if you hold an active subscription and disagree with any changes to
the Terms, you may continue using the Services without incurring any penalty
or consequence until the expiration of your current subscription term.
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11. MISCELLANEOUS TERMS
The Terms constitute the whole
legal agreement between you and MDO and govern your use of the Services.
You agree that MDO may provide
you with notices, including those regarding changes to the Terms, by email,
regular mail, or postings on the Services.
You agree that if any court of
law, having the jurisdiction to decide on this matter, rules that any
provision of these Terms is invalid, then that provision will be removed
from the Terms
without affecting the rest of the Terms. The remaining provisions of the
Terms will continue to be valid and enforceable.
MDO does not and cannot guarantee or represent that any of the
information and data made available via the MDO Search Tools is real-time, accurate,
complete, current or appropriate for your needs. Certain information
and data made available via the MDO Search Tools is obtained from Third Party
Providers (defined above) who are generally understood to be sources of
reliable information and data. However, due to a variety of different factors,
including mechanical and human error, the timeliness, completeness and accuracy
of such information and data are not guaranteed by MDO.