YOUR USE OF THIS PRODUCT/SERVICE AND ANY OF ITS CONTENTS MADE AVAILABLE TO YOU HERENUNDER, INCLUDING BUT NOT LIMITED TO, ANY REPORTS, CITATIONS, EQUATIONS, TEXT, DATA, INFORMATION, MATERIALS, SOFTWARE, AND GRAPHICS CONTAINED OR PROVIDED THROUGH IT IN ANY FORM OR MEDIA AND ALL SERVICES THAT MAY BE PROVIDED IN CONJUNCTION WITH IT (ALL SUCH INFORMATION, MATERIALS AND SERVICES, COLLECTIVELY, THE “SERVICE”) IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS UTUA. BY PURCHASING THE SERVICE, USING THE SERVICE IN ANY WAY, OR ACCEPTING ANY RELATED SERVICES FROM AAC-MA, YOU AGREE THAT YOU: (1) HAVE READ AND UNDERSTAND THE UTUA, (2) HAVE AUTHORITY AND REQUISITE ABILITY TO ENTER INTO IT; AND (3) ARE BOUND BY ALL OF ITS TERMS AND CONDITIONS. READ ALL OF THE UTUA FOR THE EQUICALC PRODUCT AND THE WEB SITE ON WHICH IT IS LOCATED BEFORE USING THIS SITE AND REPORTS GENERATED FROM IT.
THIS SERVICE IS PROVIDED FOR DEMONSTRATION PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR ACCOUNTING, BUSINESS, FINANCIAL, INVESTMENT, LEGAL, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES. THIS REPORT IS NOT A SUBSTITUTE FOR SUCH PROFESSIONAL ADVICE OR SERVICES, NOR SHOULD IT BE USED AS A BASIS FOR ANY DECISION OR ACTION THAT MAY AFFECT YOU OR YOUR BUSINESS. NEITHER AAC-MA NOR ANY AFFILIATED OR RELATED ENTITY SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY WHO RELIES ON THE REPORTS GENERATED FROM EQUICALC OR PROVIDED BY AAC-MA.
AAC-MA reserves the right to amend, remove, or add to the UTUA at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the UTUA whenever using a report from EquiCalc or the Site. Your access to or use of this Site, or any service on this Site, after the posting of modifications to the UTUA will constitute YOUR ACCEPTANCE OF THE UTUA, as modified. If, at any time, you do not wish to accept the UTUA, you may not access or use this Site. Any terms and conditions proposed by you which are in addition to or which conflict with the UTUA are expressly rejected by AAC-MA and shall be of no force or effect.
Any updates to the UTUA will be posted here in the future.
Service: “Service” means any of the reports or analyses resulting from payment through the Site to perform three types of statistical tests on one or multiple populations and produce a report, as well as the information, data, materials, software, functionality, services, and content contained therein.
License: “License” means a current and valid license, granted through payment for Services on the Site, to access one or more Service on the Site, and which may include payment for use of information on the Site or reports provided through the Site, a trial subscription to a Service (or test version of the Site) or any other valid and authorized right/license.
Licensee: “Licensee” means the individual or entity who holds a License for one or more Service, and which may be a law firm, court, government agency, corporation, organization, a law school, or some other entity.
User: “User” means an individual user who is covered by a valid License, and if under the License of a larger entity, maintains a current and valid relationship with a valid Licensee, such as, as applicable, employee, student, professor, administrator, or authorized agent.
1. Use of this Service
Subject to the terms of this UTUA, AAC-MA grants you a revocable, non-transferable, non-exclusive limited license to use those portions of the Service, to which you are granted access but only for your use and not for any use on behalf of any third party.
2. Your Account
There may be portions of the Website that require you to create a user account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password or account, or any other breach of security of which you are aware, and to ensure that you properly close out of your account at the end of each session. We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Website at any time and for any or no reason. AAC-MA will not be liable to you or any third party for any termination of your access to the Website. If your status as a user of this Website is terminated, you will (i) stop using the Website and any information obtained from the Website, and (ii) destroy all copies of your account information, password and any information obtained from this Website.
AAC-MA is not responsible for the accuracy of the information you upload to our Site. You may load test data that does not reflect the reality of any establishment or company, or you may load data that does reflect the reality of establishments, divisions or an entire company with which you are associated. AAC-MA does not report your data to anyone except you, unless legal proceedings require AAC-MA to do so.
3. Intellectual Property
You acknowledge and agree that the Service (including, without limitation, all information contained in or associated with it) is owned by AAC-MA and/or its third-party content providers (“Content Providers”) and is protected by international copyright and other intellectual property laws. You further acknowledge and agree that the Service contains certain proprietary calculations and report structures of AAC-MA and Advanced Analytical Consulting Group, Inc., that you will not use these calculations and report structures or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from illicit distribution or use. Each Content Provider is a third-party beneficiary of this UTUA to the extent necessary to enable it to enforce its proprietary rights in the data and the applicable use restrictions contained in this UTUA. You will not use this Site or the reports provided to you through the use of this Site or from AAC-MA to reverse engineer, or replicate, in whole or in part, the contents of those reports or this Site. Licensee and Users are prohibited, to the fullest extent protected under the law, from using the Site for the purpose or recreating, reengineering, or replicating the reports, information, or Services provided on this Site. The use of content from the Site on any other website, site or networked computer environment is similarly prohibited. You are also strictly prohibited from creating works or materials that derive from or are based on the Report content or Site content or other materials contained in the Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
NEITHER AAC-MA NOR ITS CONTENT PROVIDERS NOR ANY PERSON THROUGH WHOM AAC-MA MAKES THE SERVICE AVAILABLE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE USE OF, OR RELIANCE ON THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY AAC-MA OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT OR EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY MANDATED BY APPLICABLE LAW.
THIS SERVICE IS PROVIDED “AS IS” WITH ALL FAULTS. AAC-MA AND ITS CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF CALCULATIONS ORINFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
NEITHER AAC-MA NOR ITS CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. NEITHER AAC-MA NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR OPERATION DECISIONS, PERSONNEL DECISIONS, INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE AND ALL PORTIONS THEREOF ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
You agree to indemnify, defend, and hold harmless AAC-MA, its affiliates and its Content Providers from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys’ fees), and/or damages of any kind arising from or relating to: (i) your use of the Service; (ii) your breach of this UTUA; and (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Service (including, without limitation, in any discussion website or area that may be made available as part of the Service).
AAC-MA shall use commercially reasonable efforts to keep confidential the information you enter or upload into the Site provided that this obligation shall not apply to any information that AAC-MA or its affiliated entities are legally required to disclose.
8. Entire Agreement/Severability/Waiver
The UTUA, the documents and policies incorporated herein, either in their entirety or by explicit reference, any other terms and conditions on this Site constitute the entire agreement between you and AAC-MA or its affiliated entity, as applicable, and govern your use of the Services. If any provision of the UTUA is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the UTUA will remain in force. The failure of AAC-MA or its affiliated entity to exercise or enforce any right or provision of the UTUA shall not constitute a waiver of such right or provision unless acknowledged and agreed by AAC-MA or its applicable affiliated entity in writing.
You agree that AAC-MA has the right to change the content or technical specifications of any aspect of the Services at any time in AAC-MA’s sole discretion. You further agree that such changes may result in your being unable to access the Service. The section titles in the UTUA are used solely for the convenience of you and AAC-MA and have no legal or contractual significance.
10. Electronic Communications
When you visit this Site and when you communicate with AAC-MA electronically, you consent to receive communications from us electronically. You agree that all notices, disclosures, and other communications that AAC-MA provides to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
11. Disclaimer and Safe Harbor
12. Governing Law and Jurisdiction
The UTUA, the documents and policies incorporated herein shall be governed by, and construed in accordance with, the laws of the State of Massachusetts (without giving effect to the choice of law principles thereof). Any action arising under or relating to this UTUA (whether in contract, statute, tort (such as negligence), or otherwise) may only be brought in any court of the State of Massachusetts or any federal court of the United States, in each case located in Suffolk County, the State of Massachusetts.