Acceptance of Terms

Dataengagement.com is a property of “DataEngagement, LLC.” “DataEngagement LLC.”, is a subsidiary of “Stern Investment Group LLC.”.

This Terms of Service (“TOS”) is a legally binding agreement that shall govern the relationship with the users and other legal entities which may interact or interface with DataEngagement LLC (“The Company” “we” “us” “our”), in association with the use of our website Dataengagement.com (the “Site”) owned, operated and managed by us. By using the Site you acknowledge and represent that you:

1. Have read and understand these TOS;
2. Are 18 years of age or older; and
3. Accept these TOS and agree that they are an agreement between you and the Company.
4. Terms of Use

Please read the following TOS carefully. If you do not agree to any or all the TOS, you are not allowed to access the Site or use any of the services provided under the Site (the “Services”). By accessing or using our Site, you hereby agree to be bound by all the terms stipulated herein below and incorporated herein by reference. It is your responsibility, the user, customer, or prospective customer to read the TOS before proceeding to use this site. The term ‘you’, ‘user’, ‘customer’ or ‘prospective customer’ may be used interchangeably in the TOS, however shall refer to mean the same. 

Please see our Privacy Policy for terms applicable to our data collection and its use, the terms of which are incorporate in this TOS agreement by reference.

Changes to the Terms of Services

We may revise and update these TOS from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised TOS means that you accept and agree to the changes. You further waive any right you may have to receive specific notice of such changes to these TOS. As a user of the Site, it is your responsibility to regularly review these TOS.

The Site and its Content

The Site and the Company implement and foster a data-driven decision-making process for media and consumer brands; using facts, metrics and insights to guide and help prospective customers and organizations make strategic decisions that align with their goals, strategies and initiatives. Our goal is to provide you with the insights and capabilities to harness the full power of data and drive meaningful outcomes for you.

Moreover, we understand the importance of data security and privacy. The Company adheres to the highest industry standards to ensure the confidentiality, integrity, and availability of your data. We employ robust encryption techniques, access controls, and regular security audits to safeguard your valuable information.

The layout, formatting, and features of and access privileges for the Site shall be as determined or specified by the Company in our sole discretion. We shall also have the sole right to modify, upgrade, and change the Site. The Company will not be liable if for any reason all or any part of the Site or its content is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, in our sole discretion.

Accounts:

5.1 Account Registration: To utilize our Site and its Services, you must create an account by providing the necessary information as prompted in the registration form. By submitting the required details, you represent and guarantee that: (a) all the information you provide during registration is accurate and truthful, (b) you will ensure the accuracy of this information. If you wish to terminate your account, you can do so at any time by following the instructions provided on the Site. However, please note that the Company may suspend or terminate your account if any breach of these TOS is occurred by you.

5.2 Account Responsibilities: You are responsible for maintaining the confidentiality of your account login information and are fully accountable for all activities that occur on your account. You agree to promptly notify the Company of any unauthorized use or suspected unauthorized use of your account or any security breaches. The Company cannot be held liable for any loss or damage arising from your failure to comply with the aforementioned requirements.

5.3 Account Termination: The Company reserves the right to terminate or suspend your account or the Services at any time, with or without prior notice to you. Inactive accounts, in particular, may be subject to suspension or termination, with or without prior notice. You acknowledge that the Company will not be liable to you or any third party for any modifications, suspensions, or discontinuation of any Services under the Site or any part thereof.

5.4 Access to the Services License: The company grants you a non-exclusive, non-transferable, and non-sublicensable right, limited to the duration of this TOS agreement, to use the Services as described in these terms.

5.5 Certain Restrictions: The rights granted to you under these TOS are subject to the following restrictions: (a) you are prohibited from licensing, selling, renting, leasing, transferring, assigning, distributing, hosting, or commercially exploiting any material displayed on the Site or any content available on it, whether in whole or in part,  (b) you shall not access the Site for the purpose of developing a similar or competing website, product, or service, and (c) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Unless otherwise indicated, any future releases, updates, or additional functionality added to the Site will also be subject to these terms. (d) you shall not redistribute any material available on the Site unless otherwise specifically and expressly made available for redistribution.

5.6 No Support or Maintenance: You acknowledge and agree that the Company has no obligation to provide you with support or maintenance unless explicitly stated in a separate definitive written agreement, signed by both you and the Company, outlining such support and maintenance services.

5.7 User Content: User content shall mean to include, any material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Site, for whatever purpose. You grant to the Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the Company the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, it must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or the Company or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Linking to Third Party Websites:

The Site may be hypertext linked to websites operated by third parties for reference and information purposes only. We have not reviewed and cannot be responsible for the privacy policies and practices of other websites even if you access them using links from the Site. We recommend that you check the terms and conditions and privacy policy of each website you visit and contact its owner or operator if you have any concerns or questions. Likewise, if you are linked to the Site from a third-party website, we cannot be responsible for the privacy policies and practices of the owners or operators of that third-party website and recommend that you check the policy of that third-party website and contact its owner or operator if you have any concerns or questions. We make no warranties or representations in respect of any linked third-party websites. We exclude all liability for loss or damage to the fullest extent permitted by law arising in respect of any content on such websites.

Our Liability

The Site and the information contained on it is provided on an as-is basis and the Company shall not be liable to you in respect of the Site or the use, accessing, downloading or relying on any information contained or referred to on the Site. The Company excludes all liability to the fullest extent permitted by law whether in contract (including under any indemnity or warranty), in tort (including negligence), under statute or otherwise for (but not limited to) any loss of profit, loss of revenue, loss of anticipated savings, loss or corruption of data due to viruses or otherwise, loss of contract or opportunity, loss of goodwill or indirect or consequential loss of whatever nature including (without limit) any loss of a type described above which could be regarded as indirect or consequential and whether or not reasonably foreseeable by you, a third party or us in connection with the Site. While the Company makes reasonable attempts to exclude viruses and other harmful components from the Site, its content or server, we cannot guarantee such exclusion and make no warranty, to the extent permitted by law, we exclude all liability for viruses which may be downloaded from the Site. We recommend that you take all appropriate safeguards prior to downloading information from the Site. We further exclude all implied warranties to the fullest extent permitted by the laws of the United States of America.

Disclaimer of Warranties

YOUR USE OF THE SITE AND ITS SERVICES IS AT YOUR OWN RISK. THE SITE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE COMPANY ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION PROVIDED BY OR AVAILABLE THROUGH THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS, SERVICE PROVIDERS, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION TO THE SITE BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY APPLICATIONS LINKED TO IT, OR ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Breaches of these TOS:

Without prejudice to the Company’s other rights under these TOS, if you breach these TOS in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.

Waiver and Severability

No waiver by the Company of any term or condition set out in these TOS shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these TOS shall not constitute a waiver of such right or provision.

If any provision of these TOS is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of TOS will continue in full force and effect.

Governing Law

All matters relating to the Site and these TOS, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of United States of America, excluding any principles or rules of law that may direct the application of the law of another country. Any disputes relating to these TOS will be subject to the exclusive jurisdiction of the courts of [insert court jurisdiction for litigation purposes city/state]

Entire Agreement

These TOS constitute the sole and entire agreement between you and the Company regarding the Site and its Services and supersede all prior understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Contact Information

The Site is operated by Data Engagement LLC situated at 8 THE GREEN ST. SUITE A, DOVER, DELAWARE

If you have any feedback, comments, requests for technical support, and other communications relating to the Site, please email us at: COMPLIANCE@DATAENGAGEMENT.COM