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Industry Index Terms of Service
TERMS AND CONDITIONS

RESTRICTIONS ON USE OF INDUSTRY INDEX'S INTERNET SITE
This site is owned and operated by Industry Index LLC. All materials created by Industry Index LLC on this site are the property of Industry Index LLC and subject to copyright. You may view, download for caching purposes only, and print pages from the website, provided that:
(a) you not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system;
(b) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or the material and information on our website for a commercial purpose, without the express written consent of Industry Index LLC;
YOUR AGREEMENT CONCERNING USE OF THIS SITE AND SERVICES
By using this site, you signify your assent to all the terms of use outlined above and below or at any other places on this site, including Terms of Payment if you have entered into a fee agreement with Industry Index LLC. Industry Index LLC reserves the right to discontinue your usage of the services offered by this site for any or no reason provided that, if such termination is not based on your violation of any of your obligations with respect to usage of this site, Industry Index LLC will provide you notice of discontinuance of service via email at least two (2) business days prior to such discontinuance. Industry Index LLC’s determination of whether you have violated any of your obligations shall be final. This Agreement may be modified only in writing and signed by an officer of Industry Index LLC. If you do not agree to these terms of use, please do not use the site.
ACCURACY OF SITE INFORMATION
IN GENERAL, THE DATA PROVIDED ON THIS SITE HAVE BEEN PROVIDED, DIRECTLY OR INDIRECTLY, BY THIRD PARTIES. INDUSTRY INDEX SHALL HAVE NO LIABILITY FOR ANY INACCURACY REGARDLESS OF WHETHER SUCH INACCURACY IS DUE TO THE SOURCE OR INDUSTRY INDEX LLC. Postings are made at such times as determined by Industry Index LLC in its discretion. Readers should not assume that the information contained on this site has been updated or otherwise contains current information. Industry Index does not review past postings to determine whether they remain accurate, and information contained in such postings may have been superseded. If you would like to verify that you have the current information, please contact Industry Index LLC.
BILLING
By registering (the "Registration"), you authorize Industry Index LLC to charge you the currently posted fee for the plan you have selected. The duration of your account (the "Term") and the price (the "Fee") are displayed to you during the registration process. You authorize Industry Index LLC to charge you the Monthly Fee starting on the Effective Date and recurring upon the expiration of each Term thereafter until you cancel. If your Monthly Fee cannot be processed, your account may be suspended or terminated. You authorize Industry Index LLC and its third-party billing services provider to initiate debit/credit entries to the bank deposit account or credit card you have provided for the cost of your Monthly Fee. This authority is to remain in full force and effect until you cancel.
SALES TAX
All fees are exclusive of taxes, which Industry Index LLC will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services. You shall have no liability for any taxes based upon our gross revenues or net income. If you are located in the European Union, all fees are exclusive of any VAT and you represent that you are registered for VAT purposes in your member state. Upon request by Industry Index LLC, you will provide Industry Index LLC with the VAT registration number under which you are registered in your member state. If you are subject to GST, all fees are exclusive of GST. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay Industry Index LLC an additional amount so that Industry Index LLC receives payment infull as if there exists no deduction or withholding.
CANCELLATION
You may cancel at any time by contacting Industry Index LLC via the "Contact Us" section of this website. Industry Index LLC will be developing and improving this website on an ongoing basis. If any of these changes are unacceptable to you, your sole remedy is to cancel your account. All fees are non-refundable and shall not be pro-rated if you cancel. You agree not to attempt to obtain a "chargeback" from your credit/debit card issuer for any disputed amount unless you have given us (5) business days advance written notice. If you pay by credit card or demand debit, you hereby make the following statement: "I hereby authorize Industry Index LLC and its third-party billing-services provider to initiate debit/credit entries to my bank deposit account or credit card in the amount of my Monthly Fee. This authorization applies to my initial Monthly Fee and all recurring Monthly Fees." You expressly agree to submit any and all concerns regarding Industry Index LLC services, the content of this website, or Monthly Fees in writing to:
Industry Index LLC
45 Main St, Suite 1018
Brooklyn, NY 11201
United States of America
TRADEMARK NOTICE
“Industry Index”, the Industry Index logo, and Industry Index products and services names are trademarks of Industry Index, LLC. All other company and product names may be trademarks of their respective owners. The information contained herein is subject to change without notice. Copyright © Industry Index LLC. All rights reserved.
LINKS TO OTHER MATERIALS
The linked sites, if any, are not under the control of Industry Index LLC and Industry Index LLC is not responsible for the content of any linked site or any link contained in a linked site. Industry Index LLC reserves the right to terminate any link or linking program at any time. Industry Index LLC does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this website, you do this entirely at your own risk.
INDEMNIFICATION OF INDUSTRY INDEX LLC FOR ANY CLAIM CAUSED BY YOUR USE OF THIS SITE
You will indemnify, defend and hold Industry Index LLC harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against Industry Index LLC (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with Industry Index LLC to the extent that such Action is based upon or arises out of (a) unauthorized or illegal use of the Subscription Service by you, (b) your noncompliance with or breach of this Agreement, (c) your use of Third-Party Products, or (d) the unauthorized use of the Subscription Service by any other person using your User information and or log-in credentials. Industry Index LLC will: notify you in writing within thirty (30) days of Industry Index LLC becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on Industry Index LLC; (ii) requires Industry Index LLC to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on Industry Index LLC without Industry Index LLC’s prior written consent.
APPLICABLE LAWS
This site is controlled by Industry Index LLC from its offices within the United States of America. Industry Index LLC makes no representation that materials in the site are appropriate or available for use in other locations, and/or access to them from territories where such content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of United States export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the State of New York applicable to agreements or actions wholly performed within the State of New York without reference to the rules regarding conflict of laws and any claim against Industry Index LLC may only be brought in the Courts of the State of New York.
REVISIONS
Industry Index LLC may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this website or by express written agreements with clients.
DISCLAIMER OF LIABILITY
LIMITATION OF WARRANTIES AND LIABILITY:
THIS SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THIS LIMITATION APPLIES TO THE DATA AS WELL AS TO ANY SOFTWARE APPLICATION USED TO MANIPULATE THE DATA THAT IS MADE AVAILABLE BY INDUSTRY INDEX LLC. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. INDUSTRY INDEX LLC SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF INDUSTRY INDEX LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. INDUSTRY INDEX LLC IS ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. IT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF ANY APPLICABLE JURISDICTION. THIS LIMITATION MAY NOT BE CHANGED EXCEPT IN WRITING SIGNED BY AN OFFICER OF INDUSTRY INDEX LLC.
INDUSTRY INDEX LLC BELIEVES ITS SECURITY STEPS ARE AT LEAST AS STRINGENT AS YOURS WOULD BE. AS A MATTER OF PRACTICAL BUSINESS NECESSITY, INDUSTRY INDEX LLC CANNOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED BY ANY PROBLEMS THAT MAY ARISE AS A RESULT OF YOUR OR ANYONE'S USE OF THIS WEBSITE OR THE SERVICES INDUSTRY INDEX LLC PROVIDES WHETHER OR NOT INDUSTRY INDEX LLC IS AT FAULT UNLESS SUCH PROBLEM IS CAUSED BY INDUSTRY INDEX LLC’S INTENTIONAL MISCONDUCT AS OUTLINED BY THIS DISCLAIMER WHICH IS WRITTEN BY INDUSTRY INDEX LLC LAWYERS. IF YOU ARE NOT SURE WHAT IT MEANS TO YOU, INDUSTRY INDEX LLC STRONGLY SUGGESTS THAT YOU CHECK WITH YOUR LAWYERS. ACCORDINGLY, INDUSTRY INDEX LLC URGES YOU TO BACK UP YOUR DATA TO ONE OR MORE SAFE PLACES TO MINIMIZE THE SCOPE OF ANY DAMAGE THAT COULD OCCUR IN THE UNLIKELY EVENT A PROBLEM OCCURS WITH THIS WEBSITE OR SERVICE DESPITE THE EXTENSIVE EFFORTS OUTLINED ABOVE.
LIMITATION OF REMEDY: IN NO EVENT SHALL ANY DAMAGES AGAINST INDUSTRY INDEX LLC BE RECOVERABLE IN EXCESS OF THE PRO RATA MONTHLY CHARGES FOR THE PERIOD DURING WHICH SERVICE IS NOT PROVIDED AND THE AGGREGATE DAMAGES SHALL NOT EXCEED THE MONTHLY CHARGES PAID DURING THE THREE MONTHS PRECEDING THE FILING OF ANY ACTION OR TERMINATION OF SERVICE, WHICHEVER IS EARLIER. NO PUNITIVE DAMAGES MAY BE RECOVERED AND INDUSTRY INDEX LLC SHALL NOT BE LIABLE FOR THE COST OF PROCURING SUBSTITUTE SERVICES OR PRODUCTS. ANY ACTION BY CLIENT ALLEGING BREACH OF THIS AGREEMENT MUST BE COMMENCED WITHIN ONE YEAR FROM THE ALLEGED BREACH.
Effective Date: 05/25/2018