The below terms and conditions govern your access to and use of https://www.getplotr.com/and Plotr-branded software and applications, including any content, functionality, and services offered on or through the same (collectively, the “Website”). The services provided through the Website may be collectively referred to as “Services” hereunder. The Website is provided by T2 Venture, Inc., a Delaware corporation.
All users of the Website may be referred to as “Users” in this Terms of Use. Within this Terms of Use, “you” are a User of the Website, and “we”, “us”, “our” or “Plotr” refers to T2 Venture, Inc. Please read the Terms of Use carefully before you start to use the Website. By using the Website, 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 by and to abide by these Terms of Use and our Privacy Policy, found at [https://www.getplotr.com/privacy-policy-tos], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
PLEASE REVIEW THE ARBITRATION PROVISION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH PLOTR THROUGH FINAL AND BINDING ARBITRATION.
This Website is offered and available to users who are 16 years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.Changes to Terms of Use. We may revise and update these Terms of Use from time to time. All changes are effective immediately when we post them, or if notice is required by law, when we provide notice to you of such updates. All changes apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of, or notice of, revised Terms of Use means that you accept and agree to the changes. You agree to update your contact information if it changes, as we will send notices, including notices of updates to this policy, to you via your email address provided, and we are not responsible for providing notices to you if the contact information provided to us is incorrect or outdated. If you do not agree with updated Terms of Use at any time, you should cease use of the Website and terminate your Account if you have one.
• Accessing the Website. We reserve the right to withdraw or amend the Website and Services we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to some or all Users. You agree that all information you provide through use of the Website or Services is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Accounts Generally. Browsing of the Website’s public pages is available to any User. However, access to certain Services will require you to create an account on the Website (an “Account”). The Account must be in the legal name of an individual or a business, and each individual or business may have only one Account. You represent that all information you provide upon registration and at all other times will be true, accurate, current, and complete. You must treat as confidential all usernames, passwords, and other information provided as part of our Account security and registration procedures, and you may not disclose such information to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your Account. You will log out from your Account at the end of each session. You do not have permission to transfer or assign any Account or the use thereof to a third party.
Accounts for Businesses. If you create an Account or access the Website on behalf of a business, you represent and warrant you have the right to engage with the Website on behalf of the business. We reserve the right to require at any time that individuals using the Website on behalf of a business create a unique username and password to log into the Website and use an Account held by a business. This Terms of Use applies to both the business who is associated with an Account and each individual user of such Account on behalf of the business. The Account holder shall be the individual or business under whose name the Account is created, and the Account holder in each case shall be responsible for any activity that occurs through that Account.
Plotr provides certain data, reports, market analyses, and newsletters (collectively, “Reports”) to its Users. Plotr does not make a representation that the Reports are accurate in all respects. Users are solely responsible for determining whether to rely on the Reports for any purpose. Plotr is not responsible for, and all Users waive all claims against Plotr related to, the accuracy of the Reports and a User’s reliance on such Reports for any purpose.
Payments and ChargesIf you are provided notice that a certain Service offered via the Website will incur a charge and you proceed to request or engage in such Service, you agree to the charges as presented to you at such time. All fees are subject to applicable sales taxes and other local government charges. If your Account requires a recurring payment, you expressly agree that we can automatically charge your payment method on file without further notice or consent from you following your initial consent to sign up for such subscription.
Late Payment Fees: In the event that any charges or fees for Services provided through the Website are not paid within 30 days of the invoice date, Plotr reserves the right to impose a late payment fee. An interest fee of 5% per annum, or the maximum rate allowed by law, whichever is lower, will be applied to the outstanding balance. This interest will accrue daily from the invoice due date until the full payment is received by Plotr. Users are responsible for ensuring timely payment to avoid such additional charges.If you fail to make any payment, or if your automatic payment does not transfer, we may cancel your Account. If your Account or your subscription is terminated for any reason, by you or by Plotr, we will cease drawing any further payments, but will not provide partial or pro rata refunds. Until your Account is terminated, you will continue to accrue charges for which you remain responsible, even if you do not access or use your Account or the Services. We may use a third-party payment processor, and such payment processor may have separate policies, including terms of use and privacy policies, that apply to you.
Payments and Charges. If you are provided notice that a certain Service offered via the Website will incur a charge and you proceed to request or engage in such Service, you agree to the charges as presented to you at such time. All fees are subject to applicable sales taxes and other local government charges. If your Account requires a recurring payment, you expressly agree that we can automatically charge your payment method on file without further notice or consent from you following your initial consent to sign up for such subscription. If you fail to make any payment, or if your automatic payment does not transfer, we may cancel your Account. If your Account or your subscription is terminated for any reason, by you or by Plotr, we will cease drawing any further payments, but will not provide partial or pro rata refunds. Until your Account is terminated, you will continue to accrue charges for which you remain responsible, even if you do not access or use your Account or the Services. We may use a third-party payment processor, and such payment processor may have separate policies, including terms of use and privacy policies, that apply to you.
Trial Period. If we offer and you enter into a trial subscription, you acknowledge that immediately following the conclusion of the trial period, which is set forth to you at the time of entering into the trial subscription, you will automatically be charged for a subscription at the pricing set forth to you at the time of entering into the trial subscription. You must terminate your trial subscription no later than 5 business days prior to the conclusion of the trial period if you do not wish to enter into a paid subscription. Once payment has processed for a paid subscription, such payment is nonrefundable.
Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website (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); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm others in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (iii) to transmit, or procure the sending of, any advertising or promotional material without our prior consent; (iv) to impersonate or attempt to impersonate any other party; or (v) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm Users of the Website or expose them to liability, in our sole discretion. Additionally, you agree not to (i) use the Website in any manner that could disable, overburden, damage, or impair the proper working of the site or interfere with any other party's use of the Website; (ii) use any device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (iii) use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use; (iv) introduce any viruses or other material that is malicious or technologically harmful; or (v) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, or attack the Website in any way.
Intellectual Property Rights. You acknowledge and agree that Plotr owns all rights, including copyrights, to content, methods, processes, reports, specifications, techniques, and other general intangibles developed by Plotr, including the Reports, offered to you via the Website (collectively, the “Materials”). Without limiting the generality of the foregoing, Plotr considers Reports and the methods, processes, and techniques on which they are based to be trade secrets of Plotr. When you view, purchase, or download Materials from the Website, you do so only under a license to use such Materials for your personal purposes (or, if you are obtaining such Materials on behalf of a business, for such business’ internal purposes), and you are not purchasing any intellectual property rights in or to the Materials.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit to others any of the Materials we provide to you, and you acknowledge that doing so would constitute a violation of this policy and may also constitute a violation of relevant intellectual property laws, rules, and regulations. You may not remove proprietary notices from copies of Materials. If Plotr discovers that a User has violated these terms, Plotr may immediately delete such User’s account and take any other action against such User as is available to Plotr under law. You acknowledge and agree that the Services and any software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property law and other laws.
The Website, the Services, and the entire contents, features, and functionality (including but not limited to all information, software, underlying code, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) associated therewith are owned by T2 Venture, Inc. and are protected by United States intellectual property laws (including but not limited to copyright, trademark, and patent laws) and where applicable, international intellectual property laws. No right, title, or interest in or to the Website or any content on the Website is transferred to you. As between Users and Plotr, all right, title and interest in and to any intellectual property incorporated, used, or made viable in connection with to the Services will remain solely with Plotr.
The term “PLOTR”, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of T2 Venture, Inc. You agree that you are only using the Services for the purposes intended and set forth herein, and not for purposes of reverse engineering or otherwise discovering confidential or protected information about the Website, Plotr, or the Services. Storage of Content. If you purchase Materials from the Website and such Materials are made available to you via download, you should download such Materials and store them securely on your own systems. We are not responsible for your inability to later access such Materials.
Termination of Account. We have the right to disable any Account, including any username, 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 this Terms of Use or the Privacy Policy.
Reporting Infringement. Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent via [info@getplotr.com]. The written notice (the “DMCA Notice”) must include the information required by 17 U.S. Code § 512. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Impersonation. Unless and until given information to the contrary, we assume that each User has the right to create an Account and use the Services, either on such user’s own behalf or on behalf of a business where applicable. We are not liable to any third-party if an unauthorized account is created on their behalf. If you feel that an Account has been created on your behalf or on behalf of an entity that you control which was not authorized, please contact us at [info@getplotr.com].
Geographic Restrictions. The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website 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 Website 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PLOTR NOR ANY PERSON ASSOCIATED WITH PLOTR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PLOTR NOR ANYONE ASSOCIATED WITH PLOTR REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM 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 PLOTR OR ITS AFFILIATES, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OFFERED ON OR THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, 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.IN THE EVENT THAT PLOTR IS FOUND LIABLE TO ANY USER UNDER THIS POLICY OR UNDER CLAIMS RELATING TO THE SERVICES PROVIDED TO A USER BY PLOTR, THE TOTAL LIABILITY OF PLOTR TO SUCH USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO PLOTR DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
Indemnification. You agree to defend, indemnify, and hold harmless Plotr, 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 Website, including, but not limited to content submitted by you, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Arbitration. YOU SHOULD READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. All matters relating to the Website 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 Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).You and Plotr will engage in good faith negotiation to resolve any dispute, claim, or question, and use respective best efforts to settle the same, as a condition precedent to either party initiating any court action, lawsuit, mediation, or arbitration. If no resolution is reached, either party may initiate binding arbitration as the sole means to resolve claims, as provided herein. All claims arising out of or relating to this Agreement, including access to and use of the Services, shall be finally settled by binding arbitration administered by JAMS under the applicable commercial arbitration rules, excluding any rules or procedures governing or permitting class actions, and in the State of Texas.The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, non-appealable, and binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.Entire Agreement. This Terms of Use and the Privacy Policy contain the entire agreement between Plotr and you as a User of the Services. No other communications, whether direct or indirect, between you and Plotr will, or are intended to, alter, or supersede any provision of this Terms of Use or Privacy Policy.
Waiver and Severability. No waiver by Plotr 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 Plotr 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.
Comments and Concerns. We welcome our Users to report any suspected violation of this Terms of User or Privacy Policy by reaching out to us using the following contact email: [info@getplotr.com]. We will investigate any such report and may act as we deem appropriate in our sole discretion.