4AM Demand TERMS AND CONDITIONS OF USE
Welcome to the 4AM Demand website, including the services 4AM Demand makes available through the 4AM Platform (the “Sites”), and any other software or services offered by 4AM Demand in connection with any of those (“Services”) which are owned and operated by 4AM Demand (“we,” or “us”). These Terms and Conditions of Use (“Terms and Conditions”) set forth the mutual agreement between 4AM Demand and you as to your rights and responsibilities when you access or use the Sites.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITES.
4AM Demand may revise and update these Terms and Conditions at any time, by posting amended Terms and Conditions on the Sites. If you do not consent to these Terms and Conditions, as revised, you should not access or use the Sites in any way and should immediately exit the Sites. Your continued usage of the Sites will mean you accept those changes and agree to be bound by the revised Terms and Conditions.
You agree your purchase and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by 4AM Demand or any of its affiliates regarding future functionality or features.
The Sites may contain links to third-party websites not owned by 4AM Demand. 4AM Demand has no control over, and assumes no responsibility for, the content, practices or policies (including privacy policies) of any such third parties. By using the Sites, you expressly release 4AM Demand from any and all liability arising from your use of any third-party website.
THE SITES AND SERVICES DO NOT PROVIDE LEGAL OR FINANCIAL ADVICE
The contents of the Site, including text, graphics, images, videos, presentations, and material contained on or obtained from the Sites (the “Content”), are for informational and educational purposes only. THE CONTENT ON THE SITES ARE NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL OR FINANCIAL ADVICE. 4AM Demand does not recommend or endorse any specific products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Sites are solely at your own risk.
In the course of registering for or using the Services, you may be required to provide 4AM Demand with certain information, including your name, contact information, username and password (“Credentials”). 4AM Demand handles such information with the utmost attention, care and security. Nonetheless, you, not 4AM Demand, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information or other information relating to your account changes, you must notify Y4AM Demand promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify 4AM Demand of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify 4AM Demand immediately.
A variety of information, data, messages, comments, posts, text, graphics, software, photographs, videos, data, reviews, recommendations, and other materials may be made available through the Services by 4AM Demand or its suppliers (“Content”). While 4AM Demand strives to keep the Content that it provides through the Services accurate, complete, and up-to-date, 4AM Demand cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any Content. You acknowledge that by using the Services, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will 4AM Demand be liable in any way for any such Content.
Notwithstanding anything to the contrary, you agree to give 4AM Demand a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any queries that you submit through the Services.
LIMITED LICENSE; SUBSCRIPTION; USE OF CONTENT
4AM Demand grants you a limited, non-exclusive, non-transferable, revocable subscription to access and make personal use of 4AM Demand’s Services made available through the Sites and the Content, in accordance with these Terms and Conditions. For avoidance of doubt, this subscription does not include any rights regarding resale or commercial or derivative use of the Services or the Content. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Services or the Content to anyone without 4AM Demand’s express prior written consent.
All Content posted on the Sites is protected by applicable copyright and trademark laws. 4AM Demand authorizes you to view or download a single copy of the Content on the Sites solely for your personal, non-commercial use, provided that you do not remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Content (for example: “© 4AM Demand, INC 2021. All rights reserved”).
4AM Demand, and its licensors, vendors and partners, retain all trademark, copyright and other intellectual property rights in any Content provided by 4AM Demand and appearing on the Site. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the sole discretion of 4AM Demand. All rights not expressly granted herein are reserved to 4AM Demand.
If you violate any of these Terms and Conditions, your license to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
CODE OF CONDUCT
In accessing or using the Sites, you agree that you will not:
4AM Demand may terminate, suspend, or disable your access and use of the Sites (or any part thereof) if 4AM Demand determines, in its sole discretion, that you have violated any provision of these Terms and Conditions. Upon termination, all licenses granted by 4AM Demand will terminate automatically and immediately.
You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds for the remaining subscription period but no further charges will occur.
Your use of the Sites and the Content is at your own risk.
When using the Sites, information will be transmitted over a medium that may be beyond the control and jurisdiction of 4AM Demand and its suppliers. Accordingly, 4AM Demand assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
The Sites and the Content are provided on an “as is” and on an “as available” basis. 4AM DEMAND, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THE SITE, THE CONTENT, AND YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, 4AM Demand expressly disclaims, and assumes no liability or responsibility for, any: (1) errors, omissions, or inaccuracies of the Content; (2) personal injury or tangible or intangible property damage or loss of any nature whatsoever resulting from your access to or use of the Site; (3) unauthorized access to or use of the Site; (4) interruption or cessation of transmission to or from the Site; or (5) bugs, viruses, trojan horses or the like which may be transmitted to, by or through the Site.
4AM Demand, its licensors, and its suppliers make no representations or warranties about the following:
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall 4AM Demand be liable for any damages (including, without limitation, direct, indirect, incidental, special, punitive, or consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from (1) the use of or inability to use the Sites or the Content, (2) errors, omissions, or inaccuracies of the Content, (3) tangible or intangible property damage or loss of any nature whatsoever resulting from your access to or use of the Site, (3) any unauthorized access to or use of our servers and/or any and all personal information stored on such servers, (4) any interruption or cessation of transmission to or from the Site, (5) any bugs, viruses, trojan horses or the like which may be transmitted to, by or through the Site, or (6) any loss or damage or any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available through the Site, whether based on warranty, contract, tort, or any other legal theory and whether or not 4AM Demand is advised of the possibility of such damages. 4AM Demand shall not be liable for any personal injury caused by your use or misuse of the Sites or Content.
Without limiting the foregoing, in no event shall 4AM Demand be liable for damages incurred by you exceeding U.S. $1,000 irrespective of fault or negligence. In consideration of your use of the Sites you hereby waive and release 4AM Demand from any such claim for damages. Any claims arising in connection with your use of the Sites or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place 4AM Demand under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.
GOVERNING LAW; JURISDICTION
These Terms and Conditions are governed by the laws of the State of New Hampshire, without respect to its conflict of laws principles. 4AM Demand is a Delaware corporation, located in the town of Danville, in the State of New Hampshire, in the Country of the U.S. You expressly agree that exclusive jurisdiction for any dispute with 4AM Demand, or in any way relating to your use of the Site, resides in the courts of the State of New Hampshire and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Hampshire in connection with any such dispute including any claim involving 4AM Demand or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and Content providers.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you have any questions, please contact us via email at marketing@4AMDemand.com.