The Daily Report Terms of Use

Acceptance of the Terms of Use

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These terms of use are entered into by and between You and Zeno Technologies, Inc., a Delaware corporation (“Company,” “we,” or “us”). The following terms and conditions (“Terms of Use”), govern your access to and use of the platform by which you provide us your data and information, including any content, functionality, and services offered on or through such platform, such as any newsletter, report or email generated using information provided by you or other users (the “Interface”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Interface. By using the Interface or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Interface. 

By using the Interface, you represent and warrant that you meet all of the foregoing eligibility requirements and expressly consent to any transmissions, push notifications, emails or the like sent to you by us or the Interface. If you do not meet all of these requirements, you must not access or use the Interface.

Changes to the Terms of Use

We may revise and update these Terms of Use 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 Interface thereafter.

Your continued use of the Interface following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.

Accessing the Interface and Account Security

We reserve the right to withdraw or amend the Interface, and any service or material we provide on the Interface, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Interface is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Interface, or the entire Interface, to users, including registered users.

You are responsible for ensuring that all persons who access the Interface through your internet connection are aware of these Terms of Use and comply with them.

To access the Interface or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Interface that all the information you provide on the Interface is correct, current, and complete.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Interface or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Interface and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Interface for your use only. You must keep confidential and must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on or provided by our Interface.

You must not: (1) Modify copies of any materials from or provided by the Interface; (2) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (3) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from or provided by the Interface.

No right, title, or interest in or to the Interface or any content on the Interface is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Interface not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Interface are the trademarks of their respective owners.

Prohibited Uses

You may use the Interface only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Interface: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) or (ii) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Interface, or which, as determined by us, may harm the Company or users of the Interface, or expose them to liability.

Additionally, you agree not to: (i) use the Interface in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Interface, including their ability to engage in real time activities through the Interface; (ii) use any robot, spider, or other automatic device, process, or means to access the Interface for any purpose, including monitoring or copying any of the material on the Interface; (iii) use any manual process to monitor or copy any of the material on the Interface, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; (iv) use any device, software, or routine that interferes with the proper working of the Interface; (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Interface, the server on which the Interface is stored, or any server, computer, or database connected to the Interface; (vii) attack the Interface via a denial-of-service attack or a distributed denial-of-service attack; or (viii) otherwise attempt to interfere with the proper working of the Interface.

User Contributions

The Interface may allow users to submit or transmit content or materials (collectively, “User Contributions”) on or through the Interface.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you submit to the site will be considered confidential and proprietary. We agree to protect the confidentiality of any User Contribution in the same manner that we protect the confidentiality of our own proprietary and confidential information of like kind, but in no event with less than reasonable care. Notwithstanding the foregoing, we may use and disclose aggregated, anonymized User Contributions (“Aggregated Data”) provided that such Aggregated Data does not identify you, any user, or any other specific individual or third party.

You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns and (ii) all of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Interface.

Monitoring and Enforcement; Termination

We have the right to: (i) remove or refuse to post or utilize any User Contributions for any or no reason, in our sole discretion; (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, or could create liability for the Company; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Interface; and (v) terminate or suspend your access to all or part of the Interface for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Interface. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (i) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or (ii) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.

Reliance on Information Posted

The information presented on or through or provided by us or the Interface is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor or user of the Interface, or by anyone who may be informed of any of its contents.

Changes to the Interface

We may update the content on the Interface from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Interface may be out of date at any given time, and we are under no obligation to update such material. 

Geographic Restrictions

The owner of the Interface is based in the State of Texas in the United States. We provide the Interface for use only by persons located in the United States. We make no claims that the Interface or any of its content is accessible or appropriate outside of the United States. Access to the Interface may not be legal by certain persons or in certain countries. If you access the Interface from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Interface will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE INTERFACE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OR PROVIDED BY THE INTERFACE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE INTERFACE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OR PROVIDED BY THE INTERFACE IS AT YOUR OWN RISK. THE INTERFACE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OR PROVIDED BY THE INTERFACE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE INTERFACE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE INTERFACE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OR PROVIDED BY THE INTERFACE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE INTERFACE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OR PROVIDED BY THE INTERFACE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

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 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 AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS 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 INTERFACE, ANY INTERFACES LINKED TO IT, ANY CONTENT ON THE INTERFACE OR SUCH OTHER INTERFACES, 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.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Interface, including, but not limited to, your User Contributions, any use of the Interface’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from or provided by the Interface.

Governing Law and Jurisdiction

All matters relating to the Interface and these Terms of Use, 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 internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Interface shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Austin and County of Travis. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use 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 Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 the Terms of Use will continue in full force and effect. 

Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and Company regarding the Interface and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Interface.

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