Automated Insights, Inc.

Terms Of Use

Purpose of the Terms of Use

 

Automated Insights, Inc. (“Company”, “we” or “us”) maintains the websites automatedinsights.com and wordsmith.automatedinsights.com (cumulatively, the “Website”). The following terms and conditions (“Terms of Use”), which may be modified by the Company from time to time, govern your access to and use of the Website, whether as a guest or a registered user, your license to remotely access and use our proprietary software application through the Website, and your use of any Services that we offer. Further, these Terms of Use will govern any written agreement between you and the Company , including, but not limited to, a Managed Services Agreement, Implementation Partner Agreement, Referral Agreement, Referral and Reseller Agreement, Statement(s) of Work or Order Form(s) which have been executed by you and the Company (collectively, the “Agreement”); such execution may be in a digital or online format. Such Agreement will include, among other things, the applicable fees and the length of the Service term.

 

1. Privacy Policy.

 

If you do not want to agree to our Privacy Policy, you must not provide us with any personal information.  You may not provide us with the personally identifiable information of any other person, except that you may include the personally identifiable information of other persons in your User Content with our prior express consent. You expressly represent and agree that you have the legal right to provide any such personally identifiable information of other persons, that they have agreed that their information will be subject to our Privacy Policy, and that we will have the right to collect, store, use and disclose such information in accordance with our Privacy Policy.

 

Our Website is hosted in the United States and our Services are provided from the United States. We comply with the U.S.-EU Privacy Shield Principles Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland, as described in our Privacy Policy. The Company has certified that it adheres to the EU-US Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If you are a user accessing our Website or Services from the European Union, Asia or any other region with laws governing personal data collection, use, and disclosure that differ from United States laws, you are expressly and knowingly consenting to the transfer of your personal information to the United States and other jurisdictions as indicated above, and to our use of your personal information in accordance with our Privacy Policy. If there is any conflict between the policies in this Privacy Policy and the EU-US Privacy Shield Principles, the EU-US Privacy Shield Principles shall govern. We process user information in our facilities in the United States. All information subject to this Privacy Policy is collected in the United States, or obtained in other countries and transferred to the United States.

 

2. Our Services.

 

We make available over our Website a proprietary software application, including software, algorithms, data models, dynamic templates, logic and structure and related documentation (“Wordsmith”). Registered users can manually upload their own structured data and text. We may provide two other automated options for uploading structured data and text. First, if we have expressly agreed to provide you with a licensed application program interface (the “API”), you may remotely access Wordsmith through the API to provide your own structured data and text. We may also provide registered users with our software development kit (“SDK”) to assist in the use of the API. Second, if we have expressly agreed to provide you with a plugin for Wordsmith that allow users to create and upload content within spreadsheet programs or certain business intelligence programs (the “Plugin”), you may install the Plugin on your computer, if the applicable Plugin is for Excel spreadsheets, in the cloud on Google servers, if the applicable Plugin is for Google spreadsheets, or on your computer or on a designated business intelligence program server, as applicable, if the applicable Plugin is for business intelligence programs. The API and the Plugin are cumulatively referred to in these Terms as the “Uploading Software”. Wordsmith will then transform that structured data and text into narrative content (the “Articles”), which are remotely provided to registered users.  Finally, we may provide for your download and installation a proprietary software tool to allow Wordsmith to be deployed, in part, on premises to allow you to generate Articles securely on your own servers (such software tool, together with any associated executable template files, the “Wordsmith Content Generator”). All of the foregoing are cumulatively referred to in these Terms of Use as our “Services”.

 

To use our Services, you must subscribe to one of our Pricing Plans or enter into an Agreement.  Depending on the Pricing Plan that you choose or the Agreement you have executed, you may be limited in the number of your permitted users, the number of monthly projects and Articles, and the level of support and training that you will receive.  You may elect to pay an additional fee for us (or for an Automated Insights-authorized implementation partner that we or you designate) to provide additional training and consulting services to help you better use Wordsmith.

 

If you choose to use our template gallery feature, or if we otherwise provide dynamic templates for your use (including through mock-ups or implementation work), you acknowledge and agree to the following: (i) we own (and shall at all times retain ownership in) such templates and any improvements, enhancements or other modifications thereof, all of which are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and regardless of whether or not (and regardless of the extent to which) you have modified such templates; (ii) such templates are licensed and not sold to you, and such license is subject to the terms and conditions of these Terms of Use and any other terms and conditions specified at the time of checkout; (iii) such license is coterminous with your right to access and use the Website and the Services and is revocable and terminable as provided in Section 9 of these Terms of Use; (iv) such templates are provided on an “as is” basis and we make no representations, warranties or guarantees of any kind (A) that such templates will meet your requirements, or (B) with respect to the quality, reliability, suitability, accuracy, correctness, completeness or legality of such templates or the Articles generated by you using such templates; and (v) in order to obtain a license to access and use such templates, you may be required to pay a one-time fee, recurring license fees, and/or volume-based fees, as specified at the time of checkout or in your Agreement.

 

3. Your Obligations.

 

You are solely responsible for collecting, organizing and submitting your structured data (the “User Data”) and for creating the templates (or modifying any dynamic templates made available to you through our template gallery feature or otherwise) that you want to use with your User Data by providing the required narrative, variables and logic conditions (collectively, the “User Narrative”). You are solely responsible for the completeness and accuracy of any User Data and User Narrative that you provide (cumulatively, the “User Content”), and you acknowledge that we will not independently review, approve or correct any such User Content. You acknowledge that the Articles are based on your User Content, and that the Articles may be inaccurate, incomplete or misleading if you provide inaccurate, incomplete or misleading User Content.

You must own or control all rights in and to your User Content, and have the right to provide User Content to us. User Content must not:

 

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • 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 or our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Give the impression that any Article emanates from or is endorsed by us or any other person or entity, if this is not the case.

 

4. Accessing the Website and Account Security.

 

We reserve the right to modify the Website and any Services or material we provide on the Website. We may modify Wordsmith at any time. We will not be liable if for any reason all or any part of the Website or our Services are 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 users, including registered users.

 

You are responsible for making all arrangements necessary for you to have access to the Website. If you allow any persons to access the Website through your internet connection, you must ensure that they are aware of these Terms of Use and comply with them.

 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You must provide information that is correct, current and complete. You agree that all information that you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

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 Website 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. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 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 if, in our opinion, the continued use of that user name, password or other identifier would be inappropriate.

 

5. License and Intellectual Property Rights.

 

We own all rights in the Website and its entire contents, features and functionality, and in Wordsmith (including software, algorithms, data models, dynamic templates, logic and structure and related documentation), the Wordsmith Content Generator and the Uploading Software, all of which are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The SDK would be provided to you at no cost as open source software, subject only to the open source license that you can access when you download the SDK. We also retain all rights in any software, templates, or documentation which we may create in connection with providing support or Services to you. You will own the User Content that you submit (but not the templates created with that User Content) and the copyright in the text of the finished Articles provided to you. We may use the User Content that you submit for internal research purposes and to operate, manage and improve our Services offerings.  We may also retain produced Articles for use in research and product improvement and marketing.

 

If we have expressly agreed to provide you access to our Uploading Software, we are granting you a limited, non-exclusive, non-transferable, revocable license, with no right to grant sub-licenses, to use the Uploading Software solely to transfer data and information to us. If we have expressly agreed to provide you access to the Wordsmith Content Generator, we are granting you a limited, non-exclusive, non-transferable, revocable license, with no right to grant sub-licenses, to download, install and use the Wordsmith Content Generator solely in connection with the Permitted Purpose (as defined below) In any event, we are granting you a limited, non-exclusive, non-transferable, revocable license, with no right to grant sub-licenses, to remotely access and use Wordsmith solely (i) to create Articles for your own use, (ii) to create or modify dynamic templates or to create Articles within Wordsmith for the benefit of third parties provided that (A) you acknowledge and agree that any Articles generated in connection with such use will count towards any maximum Article limit or volume-based pricing to which you are subject (B) you do not make any representations, warranties or statement of any kind concerning Wordsmith or the Services without our prior written authorization, and (C) you defend, indemnify and hold us harmless from and against any Claims (as defined below) incurred by or asserted against us that arise out of or in connection with your use of Wordsmith in such manner, including (but not limited to) any disputes that arise between you and any third party alleging that any templates or Articles you create or modify for or on behalf of such third party fail to meet provided specifications or any such third party’s requirements, or (iii) for the purposes expressly set forth in the Agreement (clauses (i), (ii) and (iii) collectively, the “Permitted Purpose”), and in each case subject to any additional limitations and restrictions set forth in the Agreement. You may use the Uploading Software, Wordsmith Content Generator and Wordsmith solely in the manner expressly permitted by these Terms of Use and may not use the Uploading Software, Wordsmith Content Generator or Wordsmith for any other purpose. Nothing in these Terms of Use grants you any rights whatsoever in a source code version of Wordsmith or the Wordsmith Content Generator. You must not (a) reverse engineer or otherwise attempt to discover the underlying ideas or algorithms in Wordsmith or the Wordsmith Content Generator; (b) except as expressly permitted by these Terms of Use, modify, translate or create derivative works based on Wordsmith, the Wordsmith Content Generator or the Uploading Software; (c) use Wordsmith, the Wordsmith Content Generator or the Uploading Software for timesharing or similar service bureau purposes; or (d) access or use the Services in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right, privacy right or other right of any third party. Unless otherwise expressly agreed by Automated Insights in a writing specifically referencing this provision, you may not sublicense or assign your rights in Wordsmith, the Wordsmith Content Generator or the Uploading Software or distribute or otherwise make available Wordsmith, the Wordsmith Content Generator or the Uploading Software, in whole or in part, to any third party (except for authorized Wordsmith Implementation Partners who currently have in place an executed Implementation Partner Agreement with Automated Insights and whom you need to engage to support your permitted use of Wordsmith, the Wordsmith Content Generator or the Uploading Software).  You may not access or use Wordsmith, the Wordsmith Content Generator or the Uploading Software for purposes of: (i) benchmarking or competitive analysis; (ii) developing, producing, marketing, distributing, licensing or selling any product or service that may compete with Wordsmith, the Wordsmith Content Generator or the Uploading Software; (iii) disclosing to Automated Insights’ competitors, for any purposes, otherwise non-public information about Wordsmith, the Wordsmith Content Generator or the Uploading Software.

 

Additionally, you (i) will use commercially reasonable efforts to prevent unauthorized installation, access to or use of the Wordsmith Content Generator, and (ii) will not (and will not permit any third party to) copy the Wordsmith Content Generator, except that if we have expressly agreed to provide you access to the Wordsmith Content Generator you may install the Wordsmith Content Generator on your systems (on up to the maximum number of servers specified in the Agreement and, if no such maximum number is specified in the Agreement, on up to one server) and you may make one copy solely for backup purposes.  You acknowledge and agree that your installation and use of the Wordsmith Content Generator does not transfer to you any title to the Wordsmith Content Generator nor the intellectual property in the Wordsmith Content Generator (including, for the avoidance of doubt, with respect to any associated templates), and that you are acquiring no rights of any nature to the Wordsmith Content Generator except for the license expressly granted above. 

 

You must not modify copies of any materials on the Website nor use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. You must never delete or alter any copyright, trademark or other proprietary rights notices from copies of materials on the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is being transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website or our Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

You agree that we may use your name and logo to identify you as an Automated Insights customer on Automated Insights’ official website and other marketing materials.   You may provide us with reviews and evaluations of our Services and suggestions for modifying and improving our Services, including suggestions for new or modified templates (cumulatively the “Feedback”).  You agree that we will have the unrestricted royalty-free right to copy, display and use your Feedback and that we will own all of the rights in any new or revised Services that we create that include, embody or are based on your Feedback. 

 

6. Confidentiality.

 

You and Company may each be a recipient of trade secrets or other information of the other party, whether in written, digital, oral or other form that is unique, confidential or proprietary to the disclosing party (“Confidential Information”). Confidential Information does not include information that (a) at the time of disclosure was in the public domain or subsequently becomes a part of the public domain through no act or omission of the recipient; (b) was in the recipient’s lawful possession prior to the disclosure and had not been obtained by the recipient either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the recipient by a third party who is under no obligation of confidentiality or non-use owed to the disclosing party; or (d) is independently developed by the recipient without any use of or reference to the Confidential Information of the disclosing party.

 

You and Company each agrees that it shall (a) hold the other party’s Confidential Information in strict confidence, (b) protect such Confidential Information to the same degree that it protects Confidential Information pertaining to its own business, (c) use such Confidential Information only for the purposes permitted hereunder, (d) not copy such Confidential Information except as reasonably required for the purposes permitted by these Terms of Use and (e) not disclose such Confidential Information to any third party except consultants or auditors that sign a nondisclosure agreement that similarly protects such Confidential Information from further disclosure.

 

Should either you or Company become legally compelled to disclose any portion of the other party’s Confidential Information in connection with a lawsuit or similar proceeding, such party shall give the other party prompt notice of that fact, including in its notice the legal basis for the required disclosure and the nature of the Confidential Information that must be disclosed, and shall cooperate fully with the other party in obtaining a protective order or other appropriate protection.

 

7. Trademarks.

 

The Company name and all related names, logos, 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, designs and slogans on the Website are the trademarks of their respective owners.

 

8. Prohibited Uses.

 

You may use the Website and the Services only for lawful purposes and in accordance with these Terms of Use. You further agree not to:

 

  • Use the Website or the Services 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).
  • Use the Website or the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or the Services, including the ability to engage in real time activities through the Website or the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or attack the Website or the Services via a denial-of-services attack or a distributed denial-of-services attack.
  • Use any robot, spider or other automatic device, process or means to access the Website or the Services for any purpose, including monitoring or copying any of the material on the Website or the Services.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or the Services, the server on which the Website or the Services are stored, or any server, computer or database connected to the Website or the Services.
  • Use the Website or the Services for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • Remove, obscure or alter any notices or indications of any intellectual property rights, any trade names, trademarks, services mark, logos, trade dress, and any other distinctive or proprietary symbols, labels, designs or designations, or any electronic notices.
  • Interfere with, compromise the system integrity or security of, or decipher any transmissions to or from our servers.
  • Upload any material that does not comply with the Content Standards set out in these Terms of Use.
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that may harm the Company or users of the Website or the Services or expose them to liability.

 

9. Monitoring and Enforcement; Termination.

 

We have the right to take any actions that we consider to be appropriate to ensure that the Website is operated in an appropriate manner. We may refuse to process any User Content in our sole discretion, and we may take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company. We may terminate your access to the Website, and your right to use the Services, if we believe that you have violated these Terms of Use.

 

10. Copyright Infringement.

 

If you believe that any material posted by any other user violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

 

11. Reliance on Information Posted.

 

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information and 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 to the Website, or by anyone who may be informed of any of its contents.

 

12. Changes to the Website.

 

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

 

13. Links to Other Sites.

 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

14. Geographic Restrictions.

 

The owner of the Website is based in the state of North Carolina in the United States. We make no claim 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.

 

15. Warranties.

 

We represent and warrant that the Services will be performed in a good and workmanlike manner and in compliance with all federal, state and local laws and regulations applicable to us. Should we violate this warranty, your sole remedy shall be for us to reperform the Services in a manner that complies with our obligations hereunder, at no additional cost to you.

We cannot and do not guarantee or warrant that Articles 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.

 

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 OUR SERVICES OR TO YOUR DOWNLOADING OF ANY ARTICLES OR ANY OTHER MATERIALS POSTED ON OUR WEBSITE, OR ON ANY WEBSITE LINKED TO IT.

 

WE HEREBY DISCLAIM ALL OTHERS 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.

 

16. Limitation on Liability.

 

IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR 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 OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE COMPANY’S CUMULATIVE LIABILITY TO YOU HEREUNDER FOR ANY DIRECT DAMAGES EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE 90-DAY PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

 

17. Indemnification.

 

We agree to indemnify, defend and hold you harmless from all liabilities, damages, claims and losses (including attorneys’ fees, court costs and other legal expenses) and judgments (collectively, “Claims”) incurred by or asserted against you that arise out of or in connection with any claim by a third party that Wordsmith or the Articles produced by Wordsmith (excluding any User Content) infringe such third party’s U.S. intellectual property rights. You agree to defend, indemnify and hold us harmless from and against any Claims incurred by or asserted against us that arise out of or in connection with your violation of these Terms of Use. In the case any indemnification obligations arising under these Terms of Use (whether pursuant to this Section 17 or otherwise), the indemnified party must provide the other party with prompt notice of any Claim, grant the other party the right to control the defense and settlement of the Claim (so long as any settlement includes only the payment by the indemnifying party of monetary damages), and provide reasonable requested assistance to the indemnifying party in the investigation and defense of the Claim, at the indemnifying party’s expense.

 

18. Governing Law and Jurisdiction.

 

All matters relating to the Website, these Terms of Use, any Agreement, 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 North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

 

Any legal suit, action or proceeding arising out of or related to these Terms of Use, any Agreement, or the Website shall be instituted exclusively in the federal courts of the United States in North Carolina, or the courts of the State of North Carolina, except that we retain the right to bring any suit, action or proceeding against you for breach of any of the above-listed agreements in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

19. 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, ANY AGREEMENT OR THE WEBSITE OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

20. Waiver and Severability.

 

No waiver by the Company of any term or condition set forth in these Terms of Use or any Agreement 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 or any Agreement shall not constitute a waiver of such right or provision. If any provision of these Terms of Use or any Agreement 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 applicable Agreement will continue in full force and effect.

 

21. Entire Agreement.

 

These Terms of Use, our Privacy Policy and any applicable Agreement constitute the sole and entire agreement between you and Automated Insights, Inc. with respect to the Website and our Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website or our Services.

 

22. Your Comments and Concerns.

 

This website is operated by Automated Insights, Inc., 512 S. Mangum Street, Suite 400, Durham, NC 27701. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: wordsmith@automatedinsights.com.